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 person has not been found mentally incompetent by a physician so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public.
This bill would delete that active practice requirement and would require that the license have never 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. The 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.
This 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:
Section 28 of the Business and Professions Code
2 is amended to read:
(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
P8 1worker, professional clinical counselor, or marriage and family
2therapist. This training shall be required one time only for all
3persons applying for initial licensure or for licensure renewal.
4(c) All persons applying for initial licensure or renewal of a
5license as a psychologist, clinical social worker, professional
6clinical counselor, or marriage and family therapist shall, in
7addition to all other requirements for licensure or renewal, have
8completed coursework or training in child abuse assessment and
9reporting that meets the requirements of this section, including
10detailed knowledge of the Child Abuse and Neglect Reporting Act
11(Article 2.5 (commencing with Section 11164) of Chapter 2 of
12Title 1 of Part 4 of the Penal
Code). The training shall meet all of
13the following requirements:
14(1) Be obtained from one of the following sources:
15(A) An accredited or approved educational institution, as defined
16in Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12,
17including extension courses offered by those institutions.
18(B) A continuing education provider as specified by the
19responsible board by regulation.
20(C) A course sponsored or offered by a professional association
21or a local, county, or state department of health or mental health
22for continuing education and approved or accepted by the
23responsible board.
24(2) Have a minimum of seven contact hours.
25(3) Include the study of the assessment and method of reporting
26of sexual assault, neglect, severe neglect, general neglect, willful
27cruelty or unjustifiable punishment, corporal punishment or injury,
28and abuse in out-of-home care. The training shall also include
29physical and behavioral indicators of abuse, crisis counseling
30techniques, community resources, rights and responsibilities of
31reporting, consequences of failure to report, caring for a child’s
32needs after a report is made, sensitivity to previously abused
33children and adults, and implications and methods of treatment
34for children and adults.
35(4) An applicant shall provide the appropriate board with
36documentation of completion of the required child abuse training.
37(d) The Board of Psychology and the Board of Behavioral
38Sciences shall exempt an applicant who applies for an exemption
39from this section and who shows to the satisfaction of the board
P9 1that there would be no need for the training in his or her practice
2because of the nature of that practice.
3(e) It is the intent of the Legislature that a person licensed as a
4psychologist, clinical social worker, professional clinical counselor,
5or marriage and family therapist have minimal but appropriate
6training in the areas of child, elder, and dependent adult abuse
7assessment and reporting. It is not intended that, by solely
8complying with this section, a practitioner is fully trained in the
9subject of treatment of child, elder, and dependent adult abuse
10victims and abusers.
11(f) The Board of Psychology and the Board of Behavioral
12Sciences are encouraged to include coursework regarding the
13assessment and reporting of elder and dependent adult abuse in
14the required training on aging and long-term care issues prior to
15licensure or license renewal.
Section 146 of the Business and Professions Code is
17amended to read:
(a) Notwithstanding any other provision of law, a
19violation of any code section listed in subdivision (c) is an
20infraction subject to the procedures described in Sections 19.6 and
2119.7 of the Penal Code when either of the following applies:
22(1) A complaint or a written notice to appear in court pursuant
23to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
242 of the Penal Code is filed in court charging the offense as an
25infraction unless the defendant, at the time he or she is arraigned,
26after being advised of his or her rights, elects to have the case
27proceed as a misdemeanor.
28(2) The court, with the consent of the
defendant and the
29prosecution, determines that the offense is an infraction in which
30event the case shall proceed as if the defendant has been arraigned
31on an infraction complaint.
32(b) Subdivision (a) does not apply to a violation of the code
33sections listed in subdivision (c) if the defendant has had his or
34her license, registration, or certificate previously revoked or
35suspended.
36(c) The following sections require registration, licensure,
37certification, or other authorization in order to engage in certain
38businesses or professions regulated by this code:
39(1) Sections 2052 and 2054.
40(2) Section 2630.
P10 1(3) Section 2903.
2(4) Section 3575.
3(5) Section 3660.
4(6) Sections 3760 and 3761.
5(7) Section 4080.
6(8) Section 4825.
7(9) Section 4935.
8(10) Section 4980.
9(11) Section 4989.50.
10(12) Section 4996.
11(13) Section 4999.30.
12(14) Section 5536.
13(15) Section 6704.
14(16) Section 6980.10.
15(17) Section 7317.
16(18) Section 7502 or 7592.
17(19) Section 7520.
18(20) Section 7617 or 7641.
19(21) Subdivision (a) of Section 7872.
20(22) Section 8016.
21(23) Section 8505.
22(24) Section 8725.
23(25) Section 9681.
24(26) Section 9840.
25(27) Subdivision (c) of Section 9891.24.
26(28) Section 19049.
27(d) Notwithstanding any other law, a violation of any of the
28sections listed in subdivision (c), which is an infraction, is
29punishable by a fine of not less than two hundred fifty dollars
30($250) and not more than one thousand dollars ($1,000). No portion
31of the minimum fine may be suspended by the court unless as a
32condition of that suspension the defendant is required to submit
33proof of a current valid license, registration, or certificate for the
34profession or vocation that was the basis for his or
her conviction.
Section 500 of the Business and Professions Code is
36amended to read:
If the register or book of registration of the Medical Board
38of California, the Dental Board of California, or the California
39State Board of Pharmacy is destroyed by fire or other public
40calamity, the board, whose duty it is to keep the register or book,
P11 1may reproduce it so that there may be shown as nearly as possible
2the record existing in the original at the time of destruction.
Section 650.2 of the Business and Professions Code
4 is amended to read:
(a) Notwithstanding Section 650 or any other provision
6of law, it shall not be unlawful for a person licensed pursuant to
7Chapter 4 (commencing with Section 1600) of Division 2 or any
8other person, to participate in or operate a group advertising and
9referral service for dentists if all of the following conditions are
10met:
11(1) The patient referrals by the service result from
12patient-initiated responses to service advertising.
13(2) The service advertises, if at all, in conformity with Section
14651 and subdivisions (i) and (l) of Section 1680.
15(3) The service does not employ a solicitor within the meaning
16of subdivision (j) of Section 1680.
17(4) The service does not impose a fee on the member dentists
18dependent upon the number of referrals or amount of professional
19fees paid by the patient to the dentist.
20(5) Participating dentists charge no more than their usual and
21customary fees to any patient referred.
22(6) The service registers with the Dental Board of California,
23providing its name and address.
24(7) The service files with the Dental Board of California a copy
25of the standard form contract that regulates its relationship with
26member dentists, which contract shall be confidential and not open
27
to public inspection.
28(8) If more than 50 percent of its referrals are made to one
29individual, association, partnership, corporation, or group of three
30or more dentists, the service discloses that fact in all public
31communications, including, but not limited to, communication by
32means of television, radio, motion picture, newspaper, book, or
33list or directory of healing arts practitioners.
34(9) When member dentists pay any fee to the service, any
35advertisement by the service shall clearly and conspicuously
36
disclose that fact by including a statement as follows: “Paid for
37by participating dentists.” In print advertisements, the required
38statement shall be in at least 9-point type. In radio advertisements,
39the required statement shall be articulated so as to be clearly
40audible and understandable by the radio audience. In television
P12 1advertisements, the required statement shall be either clearly
2audible and understandable to the television audience, or displayed
3in a written form that remains clearly visible for at least five
4seconds to the television audience. This subdivision shall be
5operative on and after July 1, 1994.
6 (b) The Dental Board of California may adopt regulations
7necessary to enforce and administer this section.
8 (c) The Dental Board of California may suspend or
revoke the
9registration of any service that fails to comply with paragraph (9)
10of subdivision (a). No service may reregister with the board if it
11has a registration that is currently under suspension for a violation
12of paragraph (9) of subdivision (a), nor may a service reregister
13with the board if it had a registration revoked by the board for a
14violation of paragraph (9) of subdivision (a) less than one year
15after that revocation.
16(d) The Dental Board of California may petition the superior
17court of any county for the issuance of an injunction restraining
18any conduct that constitutes a violation of this section.
19(e) It is unlawful and shall constitute a misdemeanor for a person
20to operate a group advertising and referral service for dentists
21without providing its name and
address to the Dental Board of
22California.
23(f) It is the intent of the Legislature in enacting this section not
24to otherwise affect the prohibitions provided in Section 650. The
25Legislature intends to allow the pooling of resources by dentists
26for the purposes of advertising.
27 (g) This section shall not be construed to authorize a referral
28service to engage in the practice of dentistry.
Section 800 of the Business and Professions Code is
30amended to read:
(a) The Medical Board of California, the Board of
32Psychology, the Dental Board of California, the Dental Hygiene
33Committee of California, the Osteopathic Medical Board of
34California, the State Board of Chiropractic Examiners, the Board
35of Registered Nursing, the Board of Vocational Nursing and
36Psychiatric Technicians of the State of California, the State Board
37of Optometry, the Veterinary Medical Board, the Board of
38Behavioral Sciences, the Physical Therapy Board of California,
39the California State Board of Pharmacy, the Speech-Language
40Pathology and Audiology and Hearing Aid Dispensers Board, the
P13 1California Board of Occupational Therapy, the Acupuncture Board,
2and the Physician Assistant Board shall each separately create and
3maintain a
central file of the names of all persons who hold a
4license, certificate, or similar authority from that board. Each
5central file shall be created and maintained to provide an individual
6historical record for each licensee with respect to the following
7information:
8(1) Any conviction of a crime in this or any other state that
9constitutes unprofessional conduct pursuant to the reporting
10requirements of Section 803.
11(2) Any judgment or settlement requiring the licensee or his or
12her insurer to pay any amount of damages in excess of three
13thousand dollars ($3,000) for any claim that injury or death was
14proximately caused by the licensee’s negligence, error or omission
15in practice, or by rendering unauthorized professional services,
16pursuant to the reporting requirements of Section
801 or 802.
17(3) Any public complaints for which provision is made pursuant
18to subdivision (b).
19(4) Disciplinary information reported pursuant to Section 805,
20including any additional exculpatory or explanatory statements
21submitted by the licentiate pursuant to subdivision (f) of Section
22805. If a court finds, in a final judgment, that the peer review
23resulting in the 805 report was conducted in bad faith and the
24licensee who is the subject of the report notifies the board of that
25finding, the board shall include that finding in the central file. For
26purposes of this paragraph, “peer review” has the same meaning
27as defined in Section 805.
28(5) Information reported pursuant to Section 805.01, including
29any
explanatory or exculpatory information submitted by the
30licensee pursuant to subdivision (b) of that section.
31(b) (1) Each board shall prescribe and promulgate forms on
32which members of the public and other licensees or certificate
33holders may file written complaints to the board alleging any act
34of misconduct in, or connected with, the performance of
35professional services by the licensee.
36(2) If a board, or division thereof, a committee, or a panel has
37failed to act upon a complaint or report within five years, or has
38found that the complaint or report is without merit, the central file
39shall be purged of information relating to the complaint or report.
P14 1(3) Notwithstanding this subdivision, the Board of
Psychology,
2the Board of Behavioral Sciences, and the Respiratory Care Board
3of California shall maintain complaints or reports as long as each
4board deems necessary.
5(c) (1) The contents of any central file that are not public
6records under any other provision of law shall be confidential
7except that the licensee involved, or his or her counsel or
8representative, shall have the right to inspect and have copies made
9of his or her complete file except for the provision that may
10disclose the identity of an information source. For the purposes of
11this section, a board may protect an information source by
12providing a copy of the material with only those deletions necessary
13to protect the identity of the source or by providing a
14comprehensive summary of the substance of the material.
15Whichever method is used, the
board shall ensure that full
16disclosure is made to the subject of any personal information that
17could reasonably in any way reflect or convey anything detrimental,
18disparaging, or threatening to a licensee’s reputation, rights,
19benefits, privileges, or qualifications, or be used by a board to
20make a determination that would affect a licensee’s rights, benefits,
21privileges, or qualifications. The information required to be
22disclosed pursuant to Section 803.1 shall not be considered among
23the contents of a central file for the purposes of this subdivision.
24(2) The licensee may, but is not required to, submit any
25additional exculpatory or explanatory statement or other
26information that the board shall include in the central file.
27(3) Each board may permit any law enforcement or
regulatory
28agency when required for an investigation of unlawful activity or
29for licensing, certification, or regulatory purposes to inspect and
30have copies made of that licensee’s file, unless the disclosure is
31otherwise prohibited by law.
32(4) These disclosures shall effect no change in the confidential
33status of these records.
Section 1603a of the Business and Professions Code
35 is amended to read:
A member of the Dental Board of California who has
37served two terms shall not be eligible for reappointment to the
38board. In computing two terms hereunder, that portion of an
39unexpired term that a member fills as a result of a vacancy shall
40be excluded.
Section 1618.5 of the Business and Professions Code
2 is amended to read:
(a) The board shall provide to the Director of the
4Department of Managed Health Care a copy of any accusation
5filed with the Office of Administrative Hearings pursuant to
6Chapter 5 (commencing with Section 11500) of Part 1 of Division
73 of Title 2 of the Government Code, when the accusation is filed,
8for a violation of this chapter relating to the quality of care of any
9dental provider of a health care service plan, as defined in Section
101345 of the Health and Safety Code. There shall be no liability on
11the part of, and no cause of action shall arise against, the State of
12California, the Dental Board of California, the Department of
13Managed Health Care, the director of that department, or any
14officer,
agent, employee, consultant, or contractor of the state or
15the board or the department for the release of any false or
16unauthorized information pursuant to this section, unless the release
17is made with knowledge and malice.
18(b) The board and its executive officer and staff shall maintain
19the confidentiality of any nonpublic reports provided by the
20Director of the Department of Managed Health Care pursuant to
21subdivision (i) of Section 1380 of the Health and Safety Code.
Section 1640.1 of the Business and Professions Code
23 is amended to read:
As used in this article, the following definitions shall
25apply:
26(a) “Specialty” means an area of dental practice approved by
27the American Dental Association and recognized by the board.
28(b) “Discipline” means an advanced dental educational program
29in an area of dental practice not approved as a specialty by the
30American Dental Association; but offered from a dental college
31approved by the board.
32(c) “Dental college approved by the board” means a dental
33school or college that is approved by the Commission on Dental
34Accreditation of the American
Dental Association, that is
35accredited by a body that has a reciprocal accreditation agreement
36with that commission, or that has been approved by the Dental
37Board of California through its own approval process.
Section 1648.10 of the Business and Professions Code
39 is amended to read:
(a) The Dental Board of California shall develop and
2distribute a fact sheet describing and comparing the risks and
3efficacy of the various types of dental restorative materials that
4may be used to repair a dental patient’s oral condition or defect.
5The fact sheet shall include:
6(1) A description of the groups of materials that are available
7to the profession for restoration of an oral condition or defect.
8(2) A comparison of the relative benefits and detriments of each
9group of materials.
10(3) A comparison of the cost
considerations associated with
11each group of materials.
12(4) A reference to encourage discussion between patient and
13dentist regarding materials and to inform the patient of his or her
14options.
15(b) The fact sheet shall be made available by the Dental Board
16of California to all licensed dentists.
17(c) The Dental Board of California shall update the fact sheet
18described in subdivision (a) as determined necessary by the board.
Section 1650 of the Business and Professions Code
20 is amended to read:
Every person who is now or hereafter licensed to practice
22dentistry in this state shall register on forms prescribed by the
23board, his or her place of practice with the executive officer of the
24Dental Board of California, or, if he or she has more than one place
25of practice, all of the places of practice, or, if he or she has no place
26of practice, to so notify the executive officer of the board. A person
27licensed by the board shall register with the executive officer within
2830 days after the date of his or her license.
Section 1695 of the Business and Professions Code
30 is amended to read:
It is the intent of the Legislature that the Dental Board
32of California seek ways and means to identify and rehabilitate
33licentiates whose competency may be impaired due to abuse of
34dangerous drugs or alcohol, so that licentiates so afflicted may be
35treated and returned to the practice of dentistry in a manner that
36will not endanger the public health and safety. It is also the intent
37of the Legislature that the Dental Board of California shall
38implement this legislation in part by establishing a diversion
39program as a voluntary alternative approach to traditional
40disciplinary actions.
Section 1695.1 of the Business and Professions Code
2 is amended to read:
As used in this article:
4(a) “Board” means the Dental Board of California.
5(b) “Committee” means a diversion evaluation committee
6created by this article.
7(c) “Program manager” means the staff manager of the diversion
8program, as designated by the executive officer of the board. The
9program manager shall have background experience in dealing
10with substance abuse issues.
Section 1905.1 of the Business and Professions Code
12 is amended to read:
The committee may contract with the dental board to
14carry out this article. The committee may contract with the dental
15board to perform investigations of applicants and licensees under
16this article.
Section 1917.2 of the Business and Professions Code
18 is repealed.
Section 1944 of the Business and Professions Code
20 is amended to read:
(a) The committee shall establish by resolution the
22amount of the fees that relate to the licensing of a registered dental
23hygienist, a registered dental hygienist in alternative practice, and
24a registered dental hygienist in extended functions. The fees
25established by board resolution in effect on June 30, 2009, as they
26relate to the licensure of registered dental hygienists, registered
27dental hygienists in alternative practice, and registered dental
28hygienists in extended functions, shall remain in effect until
29modified by the committee. The fees are subject to the following
30limitations:
31(1) The application fee for an original license and the fee for
32issuance of an original
license shall not exceed two hundred fifty
33dollars ($250).
34(2) The fee for examination for licensure as a registered dental
35hygienist shall not exceed the actual cost of the examination.
36(3) The fee for examination for licensure as a registered dental
37hygienist in extended functions shall not exceed the actual cost of
38the examination.
P18 1(4) The fee for examination for licensure as a registered dental
2hygienist in alternative practice shall not exceed the actual cost of
3administering the examination.
4(5) The biennial renewal fee shall not exceed one hundred sixty
5dollars ($160).
6(6) The delinquency
fee shall not exceed one-half of the renewal
7fee. Any delinquent license may be restored only upon payment
8of all fees, including the delinquency fee, and compliance with all
9other applicable requirements of this article.
10(7) The fee for issuance of a duplicate license to replace one
11that is lost or destroyed, or in the event of a name change, shall
12not exceed twenty-five dollars ($25) or one-half of the renewal
13fee, whichever is greater.
14(8) The fee for certification of licensure shall not exceed one-half
15of the renewal fee.
16(9) The fee for each curriculum review, feasibility study review,
17and site evaluation for educational programs for dental hygienists
18who are not accredited by a committee-approved agency shall not
19exceed
two thousand one hundred dollars ($2,100).
20(10) The fee for each review or approval of course requirements
21for licensure or procedures that require additional training shall
22not exceed seven hundred fifty dollars ($750).
23(11) The initial application and biennial fee for a provider of
24continuing education shall not exceed five hundred dollars ($500).
25(12) The amount of fees payable in connection with permits
26issued under Section 1962 is as follows:
27(A) The initial permit fee is an amount equal to the renewal fee
28for the applicant’s license to practice dental hygiene in effect on
29the last regular renewal date before the date on which the permit
30is issued.
31(B) If the permit will expire less than one year after its issuance,
32then the initial permit fee is an amount equal to 50 percent of the
33renewal fee in effect on the last regular renewal date before the
34date on which the permit is issued.
35(b) The renewal and delinquency fees shall be fixed by the
36committee by resolution at not more than the current amount of
37the renewal fee for a license to practice under this article nor less
38than five dollars ($5).
P19 1(c) Fees fixed by the committee by resolution pursuant to this
2section shall not be subject to the approval of the Office of
3Administrative Law.
4(d) Fees collected pursuant to this section shall be collected by
5the
committee and deposited into the State Dental Hygiene Fund,
6which is hereby created. All money in this fund shall, upon
7appropriation by the Legislature in the annual Budget Act, be used
8to implement this article.
9(e) No fees or charges other than those listed in this section shall
10be levied by the committee in connection with the licensure of
11registered dental hygienists, registered dental hygienists in
12alternative practice, or registered dental hygienists in extended
13functions.
14(f) The fee for registration of an extramural dental facility shall
15not exceed two hundred fifty dollars ($250).
16(g) The fee for registration of a mobile dental hygiene unit shall
17not exceed one hundred fifty dollars ($150).
18(h) The biennial renewal fee for a mobile dental hygiene unit
19shall not exceed two hundred fifty dollars ($250).
20(i) The fee for an additional office permit shall not exceed two
21hundred fifty dollars ($250).
22(j) The biennial renewal fee for an additional office as described
23in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
24(k) The initial application and biennial special permit fee is an
25amount equal to the biennial renewal fee specified in paragraph
26(6) of subdivision (a).
27(l) The fees in this section shall not exceed an amount sufficient
28to cover the reasonable regulatory cost of
carrying out this article.
Section 2054 of the Business and Professions Code
30 is amended to read:
(a) Any person who uses in any sign, business card, or
32letterhead, or, in an advertisement, the words “doctor” or
33“physician,” the letters or prefix “Dr.,” the initials “M.D.,” or any
34other terms or letters indicating or implying that he or she is a
35physician and surgeon, physician, surgeon, or practitioner under
36the terms of this or any other law, or that he or she is entitled to
37practice hereunder, or who represents or holds himself or herself
38out as a physician and surgeon, physician, surgeon, or practitioner
39under the terms of this or any other law, without having at the time
40of so doing a valid, unrevoked, and unsuspended certificate as a
P20 1physician and surgeon under this chapter, is guilty of a
2misdemeanor.
3(b) A holder of a valid, unrevoked, and unsuspended certificate
4to practice podiatric medicine may use the phrases “doctor of
5podiatric medicine,” “doctor of podiatry,” and “podiatric doctor,”
6or the initials “D.P.M.,” and shall not be in violation of subdivision
7(a).
8(c) Notwithstanding subdivision (a), any of the following
9persons may use the words “doctor” or “physician,” the letters or
10prefix “Dr.,” or the initials “M.D.”:
11(1) A graduate of a medical school approved or recognized by
12the board while enrolled in a postgraduate training program
13approved by the board.
14(2) A graduate of a medical school who does not have a
15certificate as a physician and
surgeon under this chapter if he or
16she meets all of the following requirements:
17(A) If issued a license to practice medicine in any jurisdiction,
18has not had that license revoked or suspended by that jurisdiction.
19(B) Does not otherwise hold himself or herself out as a physician
20and surgeon entitled to practice medicine in this state except to
21the extent authorized by this chapter.
22(C) Does not engage in any of the acts prohibited by Section
232060.
24(3) A person authorized to practice medicine under Section 2111
25or 2113 subject to the limitations set forth in those sections.
Section 2401 of the Business and Professions Code
27 is amended to read:
(a) Notwithstanding Section 2400, a clinic operated
29primarily for the purpose of medical education by a public or
30private nonprofit university medical school, which is approved by
31the board or the Osteopathic Medical Board of California, may
32charge for professional services rendered to teaching patients by
33licensees who hold academic appointments on the faculty of the
34university, if the charges are approved by the physician and surgeon
35in whose name the charges are made.
36(b) Notwithstanding Section 2400, a clinic operated under
37subdivision (p) of Section 1206 of the Health and Safety Code
38may employ licensees and charge for professional services rendered
39by those licensees. However,
the clinic shall not interfere with,
40control, or otherwise direct the professional judgment of a
P21 1physician and surgeon in a manner prohibited by Section 2400 or
2any other provision of law.
3(c) Notwithstanding Section 2400, a narcotic treatment program
4operated under Section 11876 of the Health and Safety Code and
5regulated by the State Department of Health Care Services, may
6employ licensees and charge for professional services rendered by
7those licensees. However, the narcotic treatment program shall
8not interfere with, control, or otherwise direct the professional
9judgment of a physician and surgeon in a manner prohibited by
10Section 2400 or any other provision of law.
11(d) Notwithstanding Section 2400, a hospital that is owned and
12operated by a licensed charitable
organization, that offers only
13pediatric subspecialty care, that, prior to January 1, 2013, employed
14licensees on a salary basis, and that has not charged for professional
15services rendered to patients may, commencing January 1, 2013,
16charge for professional services rendered to patients, provided the
17following conditions are met:
18(1) The hospital does not increase the number of salaried
19licensees by more than five licensees each year.
20(2) The hospital does not expand its scope of services beyond
21pediatric subspecialty care.
22(3) The hospital accepts each patient needing its scope of
23services regardless of his or her ability to pay, including whether
24the patient has any form of health care coverage.
25(4) The medical staff concur by an affirmative vote that the
26licensee’s employment is in the best interest of the communities
27served by the hospital.
28(5) The hospital does not interfere with, control, or otherwise
29direct a physician and surgeon’s professional judgment in a manner
30prohibited by Section 2400 or any other provision of law.
Section 2428 of the Business and Professions Code
32 is amended to read:
(a) A person who voluntarily cancels his or her license
34or who fails to renew his or her license within five years after its
35expiration shall not renew it, but that person may apply for and
36obtain a new license if he or she:
37(1) Has not committed any acts or crimes constituting grounds
38for denial of licensure under Division 1.5 (commencing with
39Section 475).
P22 1(2) Takes and passes the examination, if any, which would be
2required of him or her if application for licensure was being made
3for the first time, or otherwise establishes to the satisfaction of the
4licensing authority that passes on the
qualifications of applicants
5for the license that, with due regard for the public interest, he or
6she is qualified to practice the profession or activity for which the
7applicant was originally licensed.
8(3) Pays all of the fees that would be required if application for
9licensure was being made for the first time.
10The licensing authority may provide for the waiver or refund of
11all or any part of an examination fee in those cases in which a
12license is issued without an examination pursuant to this section.
13Nothing in this section shall be construed to authorize the
14issuance of a license for a professional activity or system or mode
15of healing for which licenses are no longer required.
16(b) In addition to
the requirements set forth in subdivision (a),
17an applicant shall establish that he or she meets one of the
18following requirements: (1) satisfactory completion of at least two
19years of approved postgraduate training; (2) certification by a
20specialty board approved by the American Board of Medical
21Specialties or approved by the board pursuant to subdivision (h)
22of Section 651; or (3) passing of the clinical competency written
23examination.
24(c) Subdivision (a) shall apply to persons who held licenses to
25practice podiatric medicine except that those persons who failed
26to renew their licenses within three years after its expiration may
27not renew it, and it may not be reissued, reinstated, or restored,
28except in accordance with subdivision (a).
Section 2529 of the Business and Professions Code
30 is amended to read:
(a) Graduates of the Southern California Psychoanalytic
32Institute, the Los Angeles Psychoanalytic Society and Institute,
33the San Francisco Psychoanalytic Institute, the San Diego
34Psychoanalytic Center, or institutes deemed equivalent by the
35Medical Board of California who have completed clinical training
36in psychoanalysis may engage in psychoanalysis as an adjunct to
37teaching, training, or research and hold themselves out to the public
38as psychoanalysts, and students in those institutes may engage in
39psychoanalysis under supervision, if the students and graduates
40do not hold themselves out to the public by any title or description
P23 1of services incorporating the words “psychological,”
2“psychologist,”
“psychology,” “psychometrists,” “psychometrics,”
3or “psychometry,” or that they do not state or imply that they are
4licensed to practice psychology.
5(b) Those students and graduates seeking to engage in
6psychoanalysis under this chapter shall register with the Medical
7Board of California, presenting evidence of their student or
8graduate status. The board may suspend or revoke the exemption
9of those persons for unprofessional conduct as defined in Sections
10726, 2234, and 2235.
Section 2650 of the Business and Professions Code
12 is amended to read:
(a) The physical therapist education requirements are
14as follows:
15(1) Except as otherwise provided in this chapter, each applicant
16for a license as a physical therapist shall be a graduate of a
17professional degree program of an accredited postsecondary
18institution or institutions approved by the board and shall have
19completed a professional education program including academic
20course work and clinical internship in physical therapy.
21(2) Unless otherwise specified by the board by regulation, the
22educational requirements shall include instruction in the subjects
23prescribed by the Commission on Accreditation in Physical
24Therapy
Education (CAPTE) of the American Physical Therapy
25Association or Physiotherapy Education Accreditation Canada and
26shall include a combination of didactic and clinical experiences.
27The clinical experience shall include at least 18 weeks of full-time
28experience with a variety of patients.
29(b) The physical therapist assistant educational requirements
30are as follows:
31(1) Except as otherwise provided in this chapter, each applicant
32for a license as a physical therapist assistant shall be a graduate of
33a physical therapist assistant program of an accredited
34postsecondary institution or institutions approved by the board,
35and shall have completed both the academic and clinical experience
36required by the physical therapist assistant program, and have been
37awarded an associate
degree.
38(2) Unless otherwise specified by the board by regulation, the
39educational requirements shall include instruction in the subjects
40prescribed by the CAPTE of the American Physical Therapy
P24 1Association or Physiotherapy Education Accreditation Canada or
2another body as may be approved by the board by regulation and
3shall include a combination of didactic and clinical experiences.
The heading of Article 3.1 (commencing with Section
52770) of Chapter 6 of Division 2 of the Business and Professions
6Code is amended to read:
7
Section 2770 of the Business and Professions Code
11 is amended to read:
It is the intent of the Legislature that the Board of
13Registered Nursing seek ways and means to identify and
14rehabilitate registered nurses whose competency may be impaired
15due to abuse of alcohol and other drugs, or due to mental illness
16so that registered nurses so afflicted may be rehabilitated and
17returned to the practice of nursing in a manner that will not
18endanger the public health and safety. It is also the intent of the
19Legislature that the Board of Registered Nursing shall implement
20this legislation by establishing an intervention program as a
21voluntary alternative to traditional disciplinary actions.
Section 2770.1 of the Business and Professions Code
23 is amended to read:
As used in this article:
25(a) “Board” means the Board of Registered Nursing.
26(b) “Committee” means an intervention evaluation committee
27created by this article.
28(c) “Program manager” means the staff manager of the
29intervention program, as designated by the executive officer of the
30board. The program manager shall have background experience
31in dealing with substance abuse issues.
Section 2770.2 of the Business and Professions Code
33 is amended to read:
(a) One or more intervention evaluation committees
35is hereby created in the state to be established by the board. Each
36committee shall be composed of five persons appointed by the
37board. No board member shall serve on any committee.
38(b) Each committee shall have the following composition:
P25 1(1) Three registered nurses, holding active California licenses,
2who have demonstrated expertise in the field of chemical
3dependency or psychiatric nursing.
4(2) One physician, holding an active California license, who
5specializes in the diagnosis
and treatment of addictive diseases or
6mental illness.
7(3) One public member who is knowledgeable in the field of
8chemical dependency or mental illness.
9(c) It shall require a majority vote of the board to appoint a
10person to a committee. Each appointment shall be at the pleasure
11of the board for a term not to exceed four years. In its discretion
12the board may stagger the terms of the initial members appointed.
Section 2770.7 of the Business and Professions Code
14 is amended to read:
(a) The board shall establish criteria for the acceptance,
16denial, or termination of registered nurses in the intervention
17program. Only those registered nurses who have voluntarily
18requested to participate in the intervention program shall participate
19in the program.
20(b) A registered nurse under current investigation by the board
21may request entry into the intervention program by contacting the
22board. Prior to authorizing a registered nurse to enter into the
23intervention program, the board may require the registered nurse
24under current investigation for any violations of this chapter or
25any other provision of this code to execute a statement of
26understanding
that states that the registered nurse understands that
27his or her violations that would otherwise be the basis for discipline
28may still be investigated and may be the subject of disciplinary
29action.
30(c) If the reasons for a current investigation of a registered nurse
31are based primarily on the self-administration of any controlled
32substance or dangerous drug or alcohol under Section 2762, or the
33illegal possession, prescription, or nonviolent procurement of any
34controlled substance or dangerous drug for self-administration that
35does not involve actual, direct harm to the public, the board shall
36close the investigation without further action if the registered nurse
37is accepted into the board’s intervention program and successfully
38completes the program. If the registered nurse withdraws or is
39terminated from the program by an intervention
evaluation
40committee, and the termination is approved by the program
P26 1manager, the investigation shall be reopened and disciplinary action
2imposed, if warranted, as determined by the board.
3(d) Neither acceptance nor participation in the intervention
4program shall preclude the board from investigating or continuing
5to investigate, or taking disciplinary action or continuing to take
6disciplinary action against, any registered nurse for any
7unprofessional conduct committed before, during, or after
8participation in the intervention program.
9(e) All registered nurses shall sign an agreement of
10understanding that the withdrawal or termination from the
11intervention program at a time when the program manager or
12intervention evaluation committee determines the licentiate presents
13a
threat to the public’s health and safety shall result in the
14utilization by the board of intervention program treatment records
15in disciplinary or criminal proceedings.
16(f) Any registered nurse terminated from the intervention
17program for failure to comply with program requirements is subject
18to disciplinary action by the board for acts committed before,
19during, and after participation in the intervention program. A
20registered nurse who has been under investigation by the board
21and has been terminated from the intervention program by an
22intervention evaluation committee shall be reported by the
23intervention evaluation committee to the board.
Section 2770.8 of the Business and Professions Code
25 is amended to read:
A committee created under this article operates under
27the direction of the intervention program manager. The program
28manager has the primary responsibility to review and evaluate
29recommendations of the committee. Each committee shall have
30the following duties and responsibilities:
31(a) To evaluate those registered nurses who request participation
32in the program according to the guidelines prescribed by the board,
33and to make recommendations.
34(b) To review and designate those treatment services to which
35registered nurses in an intervention program may be referred.
36(c) To receive and review information concerning a registered
37nurse participating in the program.
38(d) To consider in the case of each registered nurse participating
39in a program whether he or she may with safety continue or resume
40the practice of nursing.
P27 1(e) To call meetings as necessary to consider the requests of
2registered nurses to participate in an intervention program, and to
3consider reports regarding registered nurses participating in a
4program.
5(f) To make recommendations to the program manager regarding
6the terms and conditions of the intervention agreement for each
7registered nurse participating in the program, including treatment,
8supervision, and monitoring
requirements.
Section 2770.10 of the Business and Professions
10Code is amended to read:
Notwithstanding Article 9 (commencing with Section
1211120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
13Government Code, relating to public meetings, a committee may
14convene in closed session to consider reports pertaining to any
15registered nurse requesting or participating in an intervention
16program. A committee shall only convene in closed session to the
17extent that it is necessary to protect the privacy of such a licentiate.
Section 2770.11 of the Business and Professions
19Code is amended to read:
(a) Each registered nurse who requests participation
21in an intervention program shall agree to cooperate with the
22rehabilitation program designed by the committee and approved
23by the program manager. Any failure to comply with a
24rehabilitation program may result in termination of the registered
25nurse’s participation in a program. The name and license number
26of a registered nurse who is terminated for any reason, other than
27successful completion, shall be reported to the board’s enforcement
28program.
29(b) If the program manager determines that a registered nurse,
30who is denied admission into the program or terminated from the
31program,
presents a threat to the public or his or her own health
32and safety, the program manager shall report the name and license
33number, along with a copy of all intervention program records for
34that registered nurse, to the board’s enforcement program. The
35board may use any of the records it receives under this subdivision
36in any disciplinary proceeding.
Section 2770.12 of the Business and Professions
38Code is amended to read:
(a) After the committee and the program manager
40in their discretion have determined that a registered nurse has
P28 1successfully completed the intervention program, all records
2pertaining to the registered nurse’s participation in the intervention
3program shall be purged.
4(b) All board and committee records and records of a proceeding
5pertaining to the participation of a registered nurse in the
6intervention program shall be kept confidential and are not subject
7to discovery or subpoena, except as specified in subdivision (b)
8of Section 2770.11 and subdivision (c).
9(c) A registered nurse
shall be deemed to have waived any rights
10granted by any laws and regulations relating to confidentiality of
11the intervention program, if he or she does any of the following:
12(1) Presents information relating to any aspect of the intervention
13program during any stage of the disciplinary process subsequent
14to the filing of an accusation, statement of issues, or petition to
15compel an examination pursuant to Article 12.5 (commencing with
16Section 820) of Chapter 1. The waiver shall be limited to
17information necessary to verify or refute any information disclosed
18by the registered nurse.
19(2) Files a lawsuit against the board relating to any aspect of
20the intervention program.
21(3) Claims in defense to a disciplinary action,
based on a
22complaint that led to the registered nurse’s participation in the
23intervention program, that he or she was prejudiced by the length
24of time that passed between the alleged violation and the filing of
25the accusation. The waiver shall be limited to information necessary
26to document the length of time the registered nurse participated in
27the intervention program.
Section 2770.13 of the Business and Professions
29Code is amended to read:
The board shall provide for the legal representation
31of any person making reports under this article to a committee or
32the board in any action for defamation directly resulting from those
33reports regarding a registered nurse’s participation in an
34intervention program.
Section 2835.5 of the Business and Professions Code
36 is amended to read:
On and after January 1, 2008, an applicant for initial
38qualification or certification as a nurse practitioner under this article
39who has not been qualified or certified as a nurse practitioner in
40California or any other state shall meet the following requirements:
P29 1(a) Hold a valid and active registered nursing license issued
2under this chapter.
3(b) Possess a master’s degree in nursing, a master’s degree in
4a clinical field related to nursing, or a graduate degree in nursing.
5(c) Satisfactorily complete a nurse practitioner program
6approved by the
board.
Section 2914 of the Business and Professions Code
8 is amended to read:
Each applicant for licensure shall comply with all of the
10following requirements:
11(a) Is not subject to denial of licensure under Division 1.5
12(commencing with Section 475).
13(b) (1) Possess an earned doctorate degree (1) in psychology,
14(2) in educational psychology, or (3) in education with the field
15of specialization in counseling psychology or educational
16psychology. Except as provided in subdivision (g), this degree or
17training shall be obtained from an accredited university, college,
18or professional school. The board shall make the final
19determination
as to whether a degree meets the requirements of
20this section.
21(2) No educational institution shall be denied recognition as an
22accredited academic institution solely because its program is not
23accredited by any professional organization of psychologists, and
24nothing in this chapter or in the administration of this chapter shall
25require the registration with the board by educational institutions
26of their departments of psychology or their doctoral programs in
27psychology.
28(3) An applicant for licensure trained in an educational
29institution outside the United States or Canada shall demonstrate
30to the satisfaction of the board that he or she possesses a doctorate
31degree in psychology that is equivalent to a degree earned from a
32regionally accredited university in the United States or Canada.
33These applicants shall provide the board with a comprehensive
34evaluation of the degree performed by a foreign credential
35evaluation service that is a member of the National Association
36of Credential Evaluation Services (NACES), and any other
37documentation the board deems necessary.
38(c) (1) Have engaged for at least two years in supervised
39professional experience under the direction of a licensed
40psychologist, the specific requirements of which shall be defined
P30 1by the board in its regulations, or under suitable alternative
2supervision as determined by the board in regulations duly adopted
3under this chapter, at least one year of which shall be after being
4awarded the doctorate in psychology. If the supervising licensed
5psychologist fails to provide verification to the board of the
6experience required by this subdivision within 30 days after being
7so requested by the applicant, the applicant may provide written
8verification directly to the board.
9
(2) If the applicant sends verification directly to the board, the
10applicant shall file with the board a declaration of proof of service,
11under penalty of perjury, of the request for verification. A copy of
12the completed verification forms shall be provided to the
13supervising psychologist and the applicant shall prove to the board
14that a copy has been sent to the supervising psychologist by filing
15a declaration of proof of service under penalty of perjury, and shall
16file this declaration with the board when the verification forms are
17submitted.
18(3) Upon
receipt by the board of the applicant’s verification and
19declarations, a rebuttable presumption affecting the burden of
20producing evidence is created that the supervised, professional
21experience requirements of this subdivision have been satisfied.
22The supervising psychologist shall have 20 days from the day the
23board receives the verification and declaration to file a rebuttal
24with the board.
25(4) The authority provided by this subdivision for an applicant
26to file written verification
directly shall apply only to an applicant
27who has acquired the experience required by this subdivision in
28the United States.
29(5) The board shall establish qualifications by regulation for
30supervising psychologists and shall review and approve applicants
31for this position on a case-by-case basis.
32(d) Take and pass the examination required by Section 2941
33unless otherwise exempted by the board under this chapter.
34(e) Show by evidence satisfactory to the board that he or she
35has completed training in the detection and treatment of alcohol
36and other chemical substance dependency. This requirement applies
37only to applicants who matriculate on or after September 1, 1985.
38(f) (1) Show by evidence satisfactory to the board that he or
39she has completed coursework in spousal or partner abuse
40assessment, detection, and intervention. This requirement applies
P31 1to applicants who began graduate training during the period
2commencing on January 1, 1995, and ending on December 31,
32003.
4(2) An applicant who began graduate training on or after January
51, 2004, shall show by evidence satisfactory to the board that he
6or she has completed a minimum of 15 contact hours of coursework
7in spousal or partner abuse assessment,
detection, and intervention
8strategies, including knowledge of community resources, cultural
9factors, and same gender abuse dynamics. An applicant may request
10an exemption from this requirement if he or she intends to practice
11in an area that does not include the direct provision of mental health
12services.
13(3) Coursework required under this subdivision may be
14satisfactory if taken either in fulfillment of other educational
15requirements for licensure or in a separate course. This requirement
16for coursework shall be satisfied by, and the board shall accept in
17satisfaction of the requirement, a certification from the chief
18academic officer of the educational institution from which the
19applicant graduated that the required coursework is included within
20the institution’s required curriculum for graduation.
21(g) An applicant holding a doctoral degree in psychology from
22an approved
institution is deemed to meet the requirements of this
23section if both of the following are true:
24(1) The approved institution offered a doctoral degree in
25psychology designed to prepare students for a license to practice
26psychology and was approved by the former Bureau for Private
27Postsecondary and Vocational Education on or before July 1, 1999.
28(2) The approved institution has not, since July 1, 1999, had a
29new location, as described in Section 94823.5 of the Education
30Code.
Section 3057 of the Business and Professions Code
33 is amended to read:
(a) The board may issue a license to practice optometry
35to a person who meets all of the following requirements:
36(1) Has a degree as a doctor of optometry issued by an accredited
37school or college of optometry.
38(2) Has successfully passed the licensing examination for an
39optometric license in another state.
P32 1(3) Submits proof that he or she is licensed in good standing as
2of the date of application in every state where he or she holds a
3license, including compliance with continuing education
4requirements.
5(4) Is not subject to disciplinary action as set forth in subdivision
6
(h) of Section 3110. If the person has been subject to disciplinary
7action, the board shall review that action to determine if it presents
8sufficient evidence of a violation of this chapter to warrant the
9submission of additional information from the person or the denial
10of the application for licensure.
11(5) Has furnished a signed release allowing the disclosure of
12information from the National Practitioner Database and, if
13applicable, the verification of registration status with the federal
14Drug Enforcement Administration. The board shall review this
15information to determine if it presents sufficient evidence of a
16violation of this chapter to warrant the submission of additional
17information from the person or the denial of the application for
18licensure.
19(6) Has never had his or her license to practice optometry
20revoked or suspended in any state where the person holds a license.
21(7) (A) Is not subject to denial of an application for licensure
22based on any of the grounds listed in Section 480.
23(B) Is not currently required to register as a sex offender
24pursuant to Section 290 of the Penal Code.
25(8) Has met the minimum continuing education requirements
26set forth in Section 3059 for the current and preceding year.
27(9) Has met the certification requirements of Section 3041.3 to
28use therapeutic pharmaceutical agents under subdivision (e) of
29Section 3041.
30(10) Submits any other information as specified by the board
31to the extent it is required for licensure by examination under this
32chapter.
33(11) Files an application on a form prescribed by the board,
34with an acknowledgment by the person executed under penalty of
35perjury and automatic forfeiture of license, of the following:
36(A) That the information provided by the person to the board
37is true and correct, to the best of his or her knowledge and belief.
38(B) That the person has not been convicted of an offense
39involving conduct that would violate Section 810.
P33 1(12) Pays an application fee in an amount equal to
the
2application fee prescribed pursuant to subdivision (a) of Section
33152.
4(13) Has successfully passed the board’s jurisprudence
5examination.
6(b) If the board finds that the competency of a candidate for
7licensure pursuant to this section is in question, the board may
8require the passage of a written, practical, or clinical examination
9or completion of additional continuing education or coursework.
10(c) In cases where the person establishes, to the board’s
11satisfaction, that he or she has been displaced by a federally
12declared emergency and cannot relocate to his or her state of
13practice within a reasonable time without economic hardship, the
14board may reduce or waive the fees required by paragraph (12) of
15subdivision
(a).
16(d) Any license issued pursuant to this section shall expire as
17provided in Section 3146, and may be renewed as provided in this
18chapter, subject to the same conditions as other licenses issued
19under this chapter.
20(e) The term “in good standing,” as used in this section, means
21that a person under this section:
22(1) Is not currently under investigation nor has been charged
23with an offense for any act substantially related to the practice of
24optometry by any public agency, nor entered into any consent
25agreement or subject to an administrative decision that contains
26conditions placed by an agency upon a person’s professional
27conduct or practice, including any voluntary surrender of license,
28nor been the subject
of an adverse judgment resulting from the
29practice of optometry that the board determines constitutes
30evidence of a pattern of incompetence or negligence.
31(2) Has no physical or mental impairment related to drugs or
32alcohol, and has not been found mentally incompetent by a licensed
33psychologist or licensed psychiatrist so that the person is unable
34to undertake the practice of optometry in a manner consistent with
35the safety of a patient or the public.
Section 3509.5 of the Business and Professions Code
38 is amended to read:
The board shall elect annually a president and a vice
40president from among its members.
Section 4836.2 of the Business and Professions Code
3 is amended to read:
(a) Applications for a veterinary assistant controlled
5substance permit shall be upon a form furnished by the board.
6(b) The fee for filing an application for a veterinary assistant
7controlled substance permit shall be set by the board in an amount
8the board determines is reasonably necessary to provide sufficient
9funds to carry out the purposes of this section, not to exceed one
10hundred dollars ($100).
11(c) The board may suspend or revoke the controlled substance
12permit of a veterinary assistant after notice and hearing for any
13cause provided in this subdivision. The proceedings under this
14section shall be conducted in
accordance with the provisions for
15administrative adjudication in Chapter 5 (commencing with Section
1611500) of Part 1 of Division 3 of Title 2 of the Government Code,
17and the board shall have all the powers granted therein. The board
18may deny, revoke, or suspend a veterinary assistant controlled
19substance permit for any of the following reasons:
20(1) The employment of fraud, misrepresentation, or deception
21in obtaining a veterinary assistant controlled substance permit.
22(2) Chronic inebriety or habitual use of controlled substances.
23(3) The veterinary assistant to whom the permit is issued has
24been convicted of a state or federal felony controlled substance
25violation.
26(4) Violating or attempts to violate, directly or indirectly, or
27assisting in or abetting the violation of, or conspiring to violate,
28any provision of this chapter, or of the regulations adopted under
29this chapter.
30(d) The board shall not issue a veterinary assistant controlled
31substance permit to any applicant with a state or federal felony
32controlled substance conviction.
33(e) (1) As part of the application for a veterinary assistant
34controlled substance permit, the applicant shall submit to the
35Department of Justice fingerprint images and related information,
36as required by the Department of Justice for all veterinary assistant
37applicants, for the purposes of obtaining information as to the
38existence and content of a record of state or federal convictions
39
and state or federal arrests and information as to the existence and
40content of a record of state or federal arrests for which the
P35 1Department of Justice establishes that the person is free on bail or
2on his or her own recognizance pending trial or appeal.
3(2) When received, the Department of Justice shall forward to
4the Federal Bureau of Investigation requests for federal summary
5criminal history information that it receives pursuant to this section.
6The Department of Justice shall review any information returned
7to it from the Federal Bureau of Investigation and compile and
8disseminate a response to the board summarizing that information.
9(3) The Department of Justice shall provide a state or federal
10level response to the board pursuant to paragraph (1) of subdivision
11(p) of
Section 11105 of the Penal Code.
12(4) The Department of Justice shall charge a reasonable fee
13sufficient to cover the cost of processing the request described in
14this subdivision.
15(f) The board shall request from the Department of Justice
16subsequent notification service, as provided pursuant to Section
1711105.2 of the Penal Code, for persons described in paragraph (1)
18of subdivision (e).
19(g) This section shall become operative on July 1, 2015.
Section 4887 of the Business and Professions Code
22 is amended to read:
(a) A person whose license or registration has been
24revoked or who has been placed on probation may petition the
25board for reinstatement or modification of penalty including
26modification or termination of probation after a period of not less
27than one year has elapsed from the effective date of the decision
28ordering the disciplinary action. The petition shall state such facts
29as may be required by the board.
30(b) The petition shall be accompanied by at least two verified
31recommendations from veterinarians licensed by the board who
32have personal knowledge of the activities of the petitioner since
33the disciplinary penalty was imposed. The petition shall be heard
34by the board. The board
may consider all activities of the petitioner
35since the disciplinary action was taken, the offense for which the
36petitioner was disciplined, the petitioner’s activities since the
37license or registration was in good standing, and the petitioner’s
38rehabilitation efforts, general reputation for truth, and professional
39ability. The hearing may be continued from time to time as the
40board finds necessary.
P36 1(c) The board reinstating the license or registration or modifying
2a penalty may impose terms and conditions as it determines
3necessary. To reinstate a revoked license or registration or to
4otherwise reduce a penalty or modify probation shall require a
5vote of five of the members of the board.
6(d) The petition shall not be considered while the petitioner is
7under sentence for any
criminal offense, including any period
8during which the petitioner is on court-imposed probation or parole.
9The board may deny without a hearing or argument any petition
10filed pursuant to this section within a period of two years from the
11effective date of the prior decision following a hearing under this
12section.
Section 4938 of the Business and Professions Code
15 is amended to read:
The board shall issue a license to practice acupuncture
17to any person who makes an application and meets the following
18requirements:
19(a) Is at least 18 years of age.
20(b) Furnishes satisfactory evidence of completion of one of the
21following:
22(1) (A) An approved educational and training program.
23(B) If an applicant began his or her educational and training
24program at a school or college that submitted a letter of intent to
25pursue accreditation to, or attained candidacy status from, the
26Accreditation
Commission for Acupuncture and Oriental Medicine,
27but the commission subsequently denied the school or college
28candidacy status or accreditation, respectively, the board may
29review and evaluate the educational training and clinical experience
30to determine whether to waive the requirements set forth in this
31subdivision with respect to that applicant.
32(2) Satisfactory completion of a tutorial program in the practice
33of an acupuncturist that is approved by the board.
34(3) In the case of an applicant who has completed education
35and training outside the United States, documented educational
36training and clinical experience that meets the standards established
37pursuant to Sections 4939 and 4941.
38(c) Passes a written examination
administered by the board that
39tests the applicant’s ability, competency, and knowledge in the
40practice of an acupuncturist. The written examination shall be
P37 1
developed by the Office of Professional Examination Services of
2the Department of Consumer Affairs.
3(d) Is not subject to denial pursuant to Division 1.5 (commencing
4with Section 475).
5(e) Completes a clinical internship training program approved
6by the board. The clinical internship training program shall not
7exceed nine months in duration and shall be located in a clinic in
8this state that is an approved educational and training program.
9The length of the clinical internship shall depend upon the grades
10received in the examination and the clinical training already
11satisfactorily completed by the individual prior to taking the
12examination. On and after January 1, 1987, individuals with 800
13or more hours of documented clinical training shall be deemed to
14have
met this requirement. The purpose of the clinical internship
15training program shall be to ensure a minimum level of clinical
16competence.
17Each applicant who qualifies for a license shall pay, as a
18condition precedent to its issuance and in addition to other fees
19required, the initial licensure fee.
Section 4939 of the Business and Professions Code,
22as added by Section 9 of Chapter 397 of the Statutes of 2014, is
23amended
to read:
(a) The board shall establish standards for the approval
25of educational training and clinical experience received outside
26the United States.
27(b) This section shall become operative on January 1, 2017.
Section 4980.399 of the Business and Professions
30Code is amended to read:
(a) Except as provided in subdivision (a) of Section
324980.398, each applicant and registrant shall obtain a passing score
33on a board-administered California law and ethics examination in
34order to qualify for licensure.
35(b) A registrant shall participate in a board-administered
36California law and ethics examination prior to his or her registration
37renewal.
38(c) Notwithstanding subdivision (b), an applicant who holds a
39registration eligible for renewal, with an expiration date no later
40than June 30, 2016, and who applies for renewal of that registration
P38 1between January 1, 2016, and June 30, 2016, shall, if eligible, be
2allowed
to renew the registration without first participating in the
3California law and ethics examination. These applicants shall
4participate in the California law and ethics examination in the next
5renewal cycle, and shall pass the examination prior to licensure or
6issuance of a subsequent registration number, as specified in this
7section.
8(d) If an applicant fails the California law and ethics
9examination, he or she may retake the examination, upon payment
10of the required fees, without further application except as provided
11in subdivision (e).
12(e) If a registrant fails to obtain a passing score on the California
13law and ethics examination described in subdivision (a) within his
14or her renewal period on or after the operative date of this section,
15he or she shall complete, at a
minimum, a 12-hour course in
16California law and ethics in order to be eligible to participate in
17the California law and ethics examination. Registrants shall only
18take the 12-hour California law and ethics course once during a
19renewal period. The 12-hour law and ethics course required by
20this section shall be taken through a continuing education provider
21as specified by the board by regulation, a county, state or
22governmental entity, or a college or university.
23(f) The board shall not issue a subsequent registration number
24unless the registrant has passed the California law and ethics
25examination.
26(g) Notwithstanding subdivision (f), an applicant who holds or
27has held a registration, with an expiration date no later than January
281, 2017, and who applies for a subsequent
registration number
29between January 1, 2016, and January 1, 2017, shall, if eligible,
30be allowed to obtain the subsequent registration number without
31first passing the California law and ethics examination. These
32applicants shall pass the California law and ethics examination
33during the next renewal period or prior to licensure, whichever
34occurs first.
35(h) This section shall become operative on January 1, 2016.
Section 4980.43 of the Business and Professions Code
38 is amended to read:
(a) Prior to applying for licensure examinations, each
2applicant shall complete experience that shall comply with the
3following:
4(1) A minimum of 3,000 hours completed during a period of at
5least 104 weeks.
6(2) Not more than 40 hours in any seven consecutive days.
7(3) Not less than 1,700 hours of supervised experience
8completed subsequent to the granting of the qualifying master’s
9or doctoral degree.
10(4) Not more than 1,300 hours of supervised experience obtained
11prior to completing a master’s or
doctoral degree.
12The applicant shall not be credited with more than 750 hours of
13counseling and direct supervisor contact prior to completing the
14master’s or doctoral degree.
15(5) No hours of experience may be gained prior to completing
16either 12 semester units or 18 quarter units of graduate instruction
17and becoming a trainee except for personal psychotherapy.
18(6) No hours of experience may be gained more than six years
19prior to the date the application for examination eligibility was
20filed, except that up to 500 hours of clinical experience gained in
21the supervised practicum required by subdivision (c) of Section
224980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
23of Section 4980.36 shall be exempt from this six-year
requirement.
24(7) Not more than a combined total of 1,000 hours of experience
25in the following:
26(A) Direct supervisor contact.
27(B) Professional enrichment activities. For purposes of this
28chapter, “professional enrichment activities” include the following:
29(i) Workshops, seminars, training sessions, or conferences
30directly related to marriage and family therapy attended by the
31applicant that are approved by the applicant’s supervisor. An
32applicant shall have no more than 250 hours of verified attendance
33at these workshops, seminars, training sessions, or conferences.
34(ii) Participation by the applicant in
personal psychotherapy,
35which includes group, marital or conjoint, family, or individual
36psychotherapy by an appropriately licensed professional. An
37applicant shall have no more than 100 hours of participation in
38personal psychotherapy. The applicant shall be credited with three
39hours of experience for each hour of personal psychotherapy.
P40 1(8) Not more than 500 hours of experience providing group
2therapy or group counseling.
3(9) For all hours gained on or after January 1, 2012, not more
4than 500 hours of experience in the following:
5(A) Experience administering and evaluating psychological
6tests, writing clinical reports, writing progress notes, or writing
7process notes.
8(B) Client centered advocacy.
9(10) Not less than 500 total hours of experience in diagnosing
10and treating couples, families, and children. For up to 150 hours
11of treating couples and families in conjoint therapy, the applicant
12shall be credited with two hours of experience for each hour of
13therapy provided.
14(11) Not more than 375 hours of experience providing personal
15psychotherapy, crisis counseling, or other counseling services via
16telehealth in accordance with Section 2290.5.
17(12) It is anticipated and encouraged that hours of experience
18will include working with elders and dependent adults who have
19physical or mental limitations that restrict their ability to carry out
20normal activities or protect their
rights.
21This subdivision shall only apply to hours gained on and after
22January 1, 2010.
23(b) All applicants, trainees, and registrants shall be at all times
24under the supervision of a supervisor who shall be responsible for
25ensuring that the extent, kind, and quality of counseling performed
26is consistent with the training and experience of the person being
27supervised, and who shall be responsible to the board for
28compliance with all laws, rules, and regulations governing the
29practice of marriage and family therapy. Supervised experience
30shall be gained by interns and trainees only as an employee or as
31a volunteer. The requirements of this chapter regarding gaining
32hours of experience and supervision are applicable equally to
33employees and volunteers. Experience shall not be gained by
34interns
or trainees as an independent contractor.
35(1) If employed, an intern shall provide the board with copies
36of the corresponding W-2 tax forms for each year of experience
37claimed upon application for licensure.
38(2) If volunteering, an intern shall provide the board with a letter
39from his or her employer verifying the intern’s employment as a
40volunteer upon application for licensure.
P41 1(c) Except for experience gained pursuant to subparagraph (B)
2of paragraph (7) of subdivision (a), supervision shall include at
3least one hour of direct supervisor contact in each week for which
4experience is credited in each work setting, as specified:
5(1) A trainee shall receive an average
of at least one hour of
6direct supervisor contact for every five hours of client contact in
7each setting. No more than six hours of supervision, whether
8individual or group, shall be credited during any single week.
9(2) An individual supervised after being granted a qualifying
10degree shall receive at least one additional hour of direct supervisor
11contact for every week in which more than 10 hours of client
12contact is gained in each setting. No more than six hours of
13supervision, whether individual or group, shall be credited during
14
any single week.
15(3) For purposes of this section, “one hour of direct supervisor
16contact” means one hour per week of face-to-face contact on an
17individual basis or two hours per week of face-to-face contact in
18a group.
19(4) Direct supervisor contact shall occur within the same week
20as the hours claimed.
21(5) Direct supervisor contact provided in a group shall be
22provided in a group of not more than eight supervisees and in
23segments lasting no less than one continuous hour.
24(6) Notwithstanding paragraph (3), an intern working in a
25governmental entity, a school, a college, or a university, or an
26institution that is both nonprofit and charitable
may obtain the
27required weekly direct supervisor contact via two-way, real-time
28videoconferencing. The supervisor shall be responsible for ensuring
29that client confidentiality is upheld.
30(7) All experience gained by a trainee shall be monitored by the
31supervisor as specified by regulation.
32(8) The six hours of supervision that may be credited during
33any single week pursuant to paragraphs (1) and (2) shall apply to
34supervision hours gained on or after January 1, 2009.
35(d) (1) A trainee may be credited with supervised experience
36completed in any setting that meets all of the following:
37(A) Lawfully and regularly provides mental health counseling
38or
psychotherapy.
39(B) Provides oversight to ensure that the trainee’s work at the
40setting meets the experience and supervision requirements set forth
P42 1in this chapter and is within the scope of practice for the profession
2as defined in Section 4980.02.
3(C) Is not a private practice owned by a licensed marriage and
4family therapist, a licensed professional clinical counselor, a
5licensed psychologist, a licensed clinical social worker, a licensed
6physician and surgeon, or a professional corporation of any of
7those licensed professions.
8(2) Experience may be gained by the trainee solely as part of
9the position for which the trainee volunteers or is employed.
10(e) (1) An intern may be credited with supervised experience
11completed in any setting that meets both of the following:
12(A) Lawfully and regularly provides mental health counseling
13or psychotherapy.
14(B) Provides oversight to ensure that the intern’s work at the
15setting meets the experience and supervision requirements set forth
16in this chapter and is within the scope of practice for the profession
17as defined in Section 4980.02.
18(2) An applicant shall not be employed or volunteer in a private
19practice, as defined in subparagraph (C) of paragraph (1) of
20subdivision (d), until registered as an intern.
21(3) While an intern may be either
a paid employee or a
22volunteer, employers are encouraged to provide fair remuneration
23to interns.
24(4) Except for periods of time during a supervisor’s vacation or
25sick leave, an intern who is employed or volunteering in private
26practice shall be under the direct supervision of a licensee that has
27satisfied subdivision (g) of Section 4980.03. The supervising
28licensee shall either be employed by and practice at the same site
29as the intern’s employer, or shall be an owner or shareholder of
30the private practice. Alternative supervision may be arranged during
31a supervisor’s vacation or sick leave if the supervision meets the
32requirements of this section.
33(5) Experience may be gained by the intern solely as part of the
34position for which the intern volunteers or is employed.
35(f) Except as provided in subdivision (g), all persons shall
36register with the board as an intern to be credited for postdegree
37hours of supervised experience gained toward licensure.
38(g) Postdegree hours of experience shall be credited toward
39licensure so long as the applicant applies for the intern registration
40within 90 days of the granting of the qualifying master’s or doctoral
P43 1degree and is thereafter granted the intern registration by the board.
2An applicant shall not be employed or volunteer in a private
3practice until registered as an intern by the board.
4(h) Trainees, interns, and applicants shall not receive any
5remuneration from patients or clients, and shall only be paid by
6their employers.
7(i) Trainees, interns, and applicants shall only perform services
8at the place where their employers regularly conduct business,
9which may include performing services at other locations, so long
10as the services are performed under the direction and control of
11their employer and supervisor, and in compliance with the laws
12and regulations pertaining to supervision. Trainees and interns
13shall have no proprietary interest in their employers’ businesses
14and shall not lease or rent space, pay for furnishings, equipment,
15or supplies, or in any other way pay for the obligations of their
16employers.
17(j) Trainees, interns, or applicants who provide volunteered
18services or other services, and who receive no more than a total,
19from all work settings, of five hundred dollars ($500) per month
20as
reimbursement for expenses actually incurred by those trainees,
21interns, or applicants for services rendered in any lawful work
22setting other than a private practice shall be considered an
23employee and not an independent contractor. The board may audit
24applicants who receive reimbursement for expenses, and the
25applicants shall have the burden of demonstrating that the payments
26received were for reimbursement of expenses actually incurred.
27(k) Each educational institution preparing applicants for
28licensure pursuant to this chapter shall consider requiring, and
29shall encourage, its students to undergo individual, marital or
30conjoint, family, or group counseling or psychotherapy, as
31appropriate. Each supervisor shall consider, advise, and encourage
32his or her interns and trainees regarding the advisability of
33undertaking individual, marital or
conjoint, family, or group
34counseling or psychotherapy, as appropriate. Insofar as it is deemed
35appropriate and is desired by the applicant, the educational
36institution and supervisors are encouraged to assist the applicant
37in locating that counseling or psychotherapy at a reasonable cost.
Section 4980.54 of the Business and Professions Code
40 is amended to read:
(a) The Legislature recognizes that the education and
2experience requirements in this chapter constitute only minimal
3requirements to ensure that an applicant is prepared and qualified
4to take the licensure examinations as specified in subdivision (d)
5of Section 4980.40 and, if he or she passes those examinations, to
6begin practice.
7(b) In order to continuously improve the competence of licensed
8marriage and family therapists and as a model for all
9psychotherapeutic professions, the Legislature encourages all
10licensees to regularly engage in continuing education related to
11the profession or scope of practice as defined in this chapter.
12(c) Except as provided in subdivision (e), the board shall not
13
renew any license pursuant to this chapter unless the applicant
14certifies to the board, on a form prescribed by the board, that he
15or she has completed not less than 36 hours of approved continuing
16education in or relevant to the field of marriage and family therapy
17in the preceding two years, as determined by the board.
18(d) The board shall have the right to audit the records of any
19applicant to verify the completion of the continuing education
20requirement. Applicants shall maintain records of completion of
21required continuing education coursework for a minimum of two
22years and shall make these records available to the board for
23auditing purposes upon request.
24(e) The board may establish exceptions from the continuing
25education requirements of this section for good
cause, as defined
26by the board.
27(f) The continuing education shall be obtained from one of the
28following sources:
29(1) An accredited school or state-approved school that meets
30the requirements set forth in Section 4980.36 or 4980.37. Nothing
31in this paragraph shall be construed as requiring coursework to be
32offered as part of a regular degree program.
33(2) Other continuing education providers, as specified by the
34board by regulation.
35(g) The board shall establish, by regulation, a procedure for
36identifying acceptable providers of continuing education courses,
37and all providers of continuing education, as described in
38paragraphs (1) and (2) of subdivision
(f), shall adhere to procedures
39established by the board. The board may revoke or deny the right
40of a provider to offer continuing education coursework pursuant
P45 1to this section for failure to comply with this section or any
2regulation adopted pursuant to this section.
3(h) Training, education, and coursework by approved providers
4shall incorporate one or more of the following:
5(1) Aspects of the discipline that are fundamental to the
6understanding or the practice of marriage and family therapy.
7(2) Aspects of the discipline of marriage and family therapy in
8which significant recent developments have occurred.
9(3) Aspects of other disciplines that enhance the
understanding
10or the practice of marriage and family therapy.
11(i) A system of continuing education for licensed marriage and
12family therapists shall include courses directly related to the
13diagnosis, assessment, and treatment of the client population being
14served.
15(j) The board shall, by regulation, fund the administration of
16this section through continuing education provider fees to be
17deposited in the Behavioral Sciences Fund. The fees related to the
18administration of this section shall be sufficient to meet, but shall
19not exceed, the costs of administering the corresponding provisions
20of this section. For purposes of this subdivision, a provider of
21continuing education as described in paragraph (1) of subdivision
22(f) shall be deemed to be an approved provider.
23(k) The continuing education requirements of this section shall
24comply fully with the guidelines for mandatory continuing
25education established by the Department of Consumer Affairs
26pursuant to Section 166.
Section 4984.01 of the Business and Professions
29Code, as amended by Section 31 of Chapter
473 of the Statutes of
302013, is amended to read:
(a) The marriage and family therapist intern
32registration shall expire one year from the last day of the month
33in which it was issued.
34(b) To renew the registration, the registrant shall, on or before
35the expiration date of the registration, complete all of the following
36actions:
37(1) Apply for renewal on a form prescribed by the board.
38(2) Pay a renewal fee prescribed by the board.
P46 1(3) Participate in the California law and ethics examination
2pursuant to Section 4980.399 each year until successful completion
3of
this examination.
4(4) Notify the board whether he or she has been convicted, as
5defined in Section 490, of a misdemeanor or felony, and whether
6any disciplinary action has been taken against him or her by a
7regulatory or licensing board in this or any other state subsequent
8to the last renewal of the registration.
9(c) The registration may be renewed a maximum of five times.
10No registration shall be renewed or reinstated beyond six years
11from the last day of the month during which it was issued,
12regardless of whether it has been revoked. When no further
13renewals are possible, an applicant may apply for and obtain a
14subsequent intern registration number if the applicant meets the
15educational requirements for registration in effect at the time of
16the application for a subsequent
intern registration number and
17has passed the California law and ethics examination described in
18Section 4980.399. An applicant who is issued a subsequent intern
19registration number pursuant to this subdivision shall not be
20employed or volunteer in a private practice.
21(d) This section shall become operative on January 1, 2016.
Section 4989.34 of the Business and Professions Code
24 is amended to read:
(a) To renew his or her license, a licensee shall certify
26to the board, on a form prescribed by the board, completion in the
27preceding two years of not less than 36 hours of approved
28continuing education in, or relevant to, educational psychology.
29(b) (1) The continuing education shall be obtained from either
30an accredited university or a continuing education provider as
31specified by the board by regulation.
32(2) The board shall establish, by regulation, a procedure
33identifying acceptable providers of continuing education courses,
34and all providers of continuing
education shall comply with
35procedures established by the board. The board may revoke or
36deny the right of a provider to offer continuing education
37coursework pursuant to this section for failure to comply with this
38section or any regulation adopted pursuant to this section.
39(c) Training, education, and coursework by approved providers
40shall incorporate one or more of the following:
P47 1(1) Aspects of the discipline that are fundamental to the
2understanding or the practice of educational psychology.
3(2) Aspects of the discipline of educational psychology in which
4significant recent developments have occurred.
5(3) Aspects of other disciplines that enhance the understanding
6or
the practice of educational psychology.
7(d) The board may audit the records of a licensee to verify
8completion of the continuing education requirement. A licensee
9shall maintain records of the completion of required continuing
10education coursework for a minimum of two years and shall make
11these records available to the board for auditing purposes upon its
12request.
13(e) The board may establish exceptions from the continuing
14education requirements of this section for good cause, as
15determined by the board.
16(f) The board shall, by regulation, fund the administration of
17this section through continuing education provider fees to be
18deposited in the Behavioral Sciences Fund. The amount of the fees
19shall be sufficient to
meet, but shall not exceed, the costs of
20administering this section.
21(g) The continuing education requirements of this section shall
22comply fully with the guidelines for mandatory continuing
23
education established by the Department of Consumer Affairs
24pursuant to Section 166.
Section 4992.09 of the Business and Professions Code
27 is amended to read:
(a) Except as provided in subdivision (a) of Section
294992.07, an applicant and registrant shall obtain a passing score
30on a board-administered California law and ethics examination in
31order to qualify for licensure.
32(b) A registrant shall participate in a board-administered
33California law and ethics examination prior to his or her registration
34renewal.
35(c) Notwithstanding subdivision (b), an applicant who holds a
36registration eligible for renewal, with an expiration date no later
37than June 30, 2016, and who applies for renewal of that registration
38between January 1, 2016, and June 30, 2016, shall, if eligible, be
39allowed
to renew the registration without first participating in the
40California law and ethics examination. These applicants shall
P48 1participate in the California law and ethics examination in the next
2renewal cycle, and shall pass the examination prior to licensure or
3issuance of a subsequent registration number, as specified in this
4section.
5(d) If an applicant fails the California law and ethics
6examination, he or she may retake the examination, upon payment
7of the required fees, without further application except for as
8provided in subdivision (e).
9(e) If a registrant fails to obtain a passing score on the California
10law and ethics examination described in subdivision (a) within his
11or her renewal period on or after the operative date of this section,
12he or she shall complete, at a
minimum, a 12-hour course in
13California law and ethics in order to be eligible to participate in
14the California law and ethics examination. Registrants shall only
15take the 12-hour California law and ethics course once during a
16renewal period. The 12-hour law and ethics course required by
17this section shall be taken through a continuing education provider,
18as specified by the board by regulation, a county, state or
19governmental entity, or a college or university.
20(f) The board shall not issue a subsequent registration number
21unless the registrant has passed the California law and ethics
22examination.
23(g) Notwithstanding subdivision (f), an applicant who holds or
24has held a registration, with an expiration date no later than January
251, 2017, and who applies for a subsequent
registration number
26between January 1, 2016, and January 1, 2017, shall, if eligible,
27be allowed to obtain the subsequent registration number without
28first passing the California law and ethics examination. These
29applicants shall pass the California law and ethics examination
30during the next renewal period or prior to licensure, whichever
31occurs first.
32(h) This section shall become operative on January 1, 2016.
Section 4996.2 of the Business and Professions Code
35 is amended to read:
Each applicant for a license shall furnish evidence
37satisfactory to the board that he or she complies with all of the
38following requirements:
39(a) Is at least 21 years of age.
P49 1(b) Has received a master’s degree from an accredited school
2of social work.
3(c) Has had two years of supervised post-master’s degree
4experience, as specified in Section 4996.23.
5(d) Has not committed any crimes or acts constituting grounds
6for denial of licensure under Section 480. The board shall not issue
7a registration or license to any person who
has been convicted of
8any crime in this or another state or in a territory of the United
9States that involves sexual abuse of children or who is required to
10register pursuant to Section 290 of the Penal Code or the equivalent
11in another state or territory.
12(e) Has completed adequate instruction and training in the
13subject of alcoholism and other chemical substance dependency.
14This requirement applies only to applicants who matriculate on or
15after January 1, 1986.
16(f) Has completed instruction and training in spousal or partner
17abuse assessment, detection, and intervention. This requirement
18applies to an applicant who began graduate training during the
19period commencing on January 1, 1995, and ending on December
2031, 2003. An applicant who began graduate training on or after
21January
1, 2004, shall complete a minimum of 15 contact hours
22of coursework in spousal or partner abuse assessment, detection,
23and intervention strategies, including knowledge of community
24resources, cultural factors, and same gender abuse dynamics.
25Coursework required under this subdivision may be satisfactory
26if taken either in fulfillment of other educational requirements for
27licensure or in a separate course.
28(g) Has completed a minimum of 10 contact hours of training
29or coursework in human sexuality as specified in Section 1807 of
30Title 16 of the California Code of Regulations. This training or
31coursework may be satisfactory if taken either in fulfillment of
32other educational requirements for licensure or in a separate course.
33(h) Has completed a minimum of seven contact hours of
training
34or coursework in child abuse assessment and reporting as specified
35in Section 1807.2 of Title 16 of the California Code of Regulations.
36This training or coursework may be satisfactory if taken either in
37fulfillment of other educational requirements for licensure or in a
38separate course.
Section 4996.22 of the Business and Professions Code
3 is amended to read:
(a) (1) Except as provided in subdivision (c), the
5board shall not renew any license pursuant to this chapter unless
6the applicant certifies to the board, on a form prescribed by the
7board, that he or she has completed not less than 36 hours of
8approved continuing education in or relevant to the field of social
9work in the preceding two years, as determined by the board.
10(2) The board shall not renew any license of an applicant who
11began graduate study prior to January 1, 2004, pursuant to this
12chapter unless the applicant certifies to the board that during the
13applicant’s first renewal period after the operative date of this
14section,
he or she completed a continuing education course in
15spousal or partner abuse assessment, detection, and intervention
16strategies, including community resources, cultural factors, and
17same gender abuse dynamics. On and after January 1, 2005, the
18course shall consist of not less than seven hours of training.
19Equivalent courses in spousal or partner abuse assessment,
20detection, and intervention strategies taken prior to the operative
21date of this section or proof of equivalent teaching or practice
22experience may be submitted to the board and at its discretion,
23may be accepted in satisfaction of this requirement. Continuing
24education courses taken pursuant to this paragraph shall be applied
25to the 36 hours of approved continuing education required under
26paragraph (1).
27(b) The board shall have the right to audit the records of any
28applicant
to verify the completion of the continuing education
29requirement. Applicants shall maintain records of completion of
30required continuing education coursework for a minimum of two
31years and shall make these records available to the board for
32auditing purposes upon request.
33(c) The board may establish exceptions from the continuing
34education requirement of this section for good cause as defined
35by the board.
36(d) The continuing education shall be obtained from one of the
37following sources:
38(1) An accredited school of social work, as defined in Section
394991.2, or a school or department of social work that is a candidate
40for accreditation by the Commission on Accreditation of the
P51 1Council on Social Work Education. Nothing
in this paragraph shall
2be construed as requiring coursework to be offered as part of a
3regular degree program.
4(2) Other continuing education providers, as specified by the
5board by regulation.
6(e) The board shall establish, by regulation, a procedure for
7identifying acceptable providers of continuing education courses,
8and all providers of continuing education, as described in
9paragraphs (1) and (2) of subdivision (d), shall adhere to the
10procedures established by the board. The board may revoke or
11deny the right of a provider to offer continuing education
12coursework pursuant to this section for failure to comply with this
13section or any regulation adopted pursuant to this section.
14(f) Training, education, and
coursework by approved providers
15shall incorporate one or more of the following:
16(1) Aspects of the discipline that are fundamental to the
17understanding, or the practice, of social work.
18(2) Aspects of the social work discipline in which significant
19recent developments have occurred.
20(3) Aspects of other related disciplines that enhance the
21understanding, or the practice, of social work.
22(g) A system of continuing education for licensed clinical social
23workers shall include courses directly related to the diagnosis,
24assessment, and treatment of the client population being served.
25(h) The continuing
education requirements of this section shall
26comply fully with the guidelines for mandatory continuing
27education established by the Department of Consumer Affairs
28pursuant to Section 166.
29(i) The board may adopt regulations as necessary to implement
30this section.
31(j) The board shall, by regulation, fund the administration of
32
this section through continuing education provider fees to be
33deposited in the Behavioral Sciences Fund. The fees related to the
34administration of this section shall be sufficient to meet, but shall
35not exceed, the costs of administering the corresponding provisions
36of this section. For purposes of this subdivision, a provider of
37continuing education as described in paragraph (1) of subdivision
38(d) shall be deemed to be an approved provider.
Section 4996.28 of the Business and Professions Code
3 is amended to read:
(a) Registration as an associate clinical social worker
5shall expire one year from the last day of the month during which
6it was issued. To renew a registration, the registrant shall, on or
7before the expiration date of the registration, complete all of the
8following actions:
9(1) Apply for renewal on a form prescribed by the board.
10(2) Pay a renewal fee prescribed by the board.
11(3) Notify the board whether he or she has been convicted, as
12defined in Section 490, of a misdemeanor or felony, and whether
13any disciplinary action has been taken by a regulatory or licensing
14board
in this or any other state, subsequent to the last renewal of
15
the registration.
16(4) On and after January 1, 2016, obtain a passing score on the
17California law and ethics examination pursuant to Section 4992.09.
18(b) A registration as an associate clinical social worker may be
19renewed a maximum of five times. When no further renewals are
20possible, an applicant may apply for and obtain a subsequent
21associate clinical social worker registration number if the applicant
22meets all requirements for registration in effect at the time of his
23or her application for a subsequent associate clinical social worker
24registration number. An applicant issued a subsequent associate
25registration number pursuant to this subdivision shall not be
26employed or volunteer in a private practice.
Section 4999.1 of the Business and Professions Code
29 is amended to read:
Application for registration as a telephone medical
31advice service shall be made on a form prescribed by the
32department, accompanied by the fee prescribed pursuant to Section
334999.5. The department shall make application forms available.
34Applications shall contain all of the following:
35(a) The signature of the individual owner of the telephone
36medical advice service, or of all of the partners if the service is a
37partnership, or of the president or secretary if the service is a
38corporation. The signature shall be accompanied by a resolution
39or other written communication identifying the individual whose
40signature is on the form as owner, partner, president, or
secretary.
P53 1(b) The name under which the person applying for the telephone
2medical advice service proposes to do business.
3(c) The physical address, mailing address, and telephone number
4of the business entity.
5(d) The designation, including the name and physical address,
6of an agent for service of process in California.
7(e) A list of all health care professionals providing medical
8advice services that are required to be licensed, registered, or
9certified pursuant to this chapter. This list shall be submitted to
10the department on a form to be prescribed by the department and
11shall include, but not be limited to, the name, state of licensure,
12type of
license, and license number.
13(f) The department shall be notified within 30 days of any
14change of name, physical location, mailing address, or telephone
15number of any business, owner, partner, corporate officer, or agent
16for service of process in California, together with copies of all
17resolutions or other written communications that substantiate these
18changes.
Section 4999.2 of the Business and Professions Code
21 is amended to read:
(a) In order to obtain and maintain a registration, a
23telephone medical advice service shall comply with the
24requirements established by the department. Those requirements
25shall include, but shall not be limited to, all of the following:
26(1) (A) Ensuring that all health care professionals who provide
27medical advice services are appropriately licensed, certified, or
28registered as a physician and surgeon pursuant to Chapter 5
29(commencing with Section 2000) or the Osteopathic Initiative Act,
30as a dentist, dental hygienist, dental hygienist in alternative
31practice, or dental hygienist in extended functions pursuant to
32Chapter 4 (commencing with Section 1600), as an
occupational
33therapist pursuant to Chapter 5.6 (commencing with Section 2570),
34as a registered nurse pursuant to Chapter 6 (commencing with
35Section 2700), as a psychologist pursuant to Chapter 6.6
36(commencing with Section 2900), as a naturopathic doctor pursuant
37to Chapter 8.2 (commencing with Section 3610), as a marriage
38and family therapist pursuant to Chapter 13 (commencing with
39Section 4980), as a licensed clinical social worker pursuant to
40Chapter 14 (commencing with Section 4991), as a licensed
P54 1professional clinical counselor pursuant to Chapter 16
2(commencing with Section 4999.10), as an optometrist pursuant
3to Chapter 7 (commencing with Section 3000), or as a chiropractor
4pursuant to the Chiropractic Initiative Act, and operating consistent
5with the laws governing their respective scopes of practice in the
6state within which they provide telephone medical advice services,
7except as
provided in paragraph (2).
8(B) Ensuring that all health care professionals who provide
9telephone medical advice services from an out-of-state location,
10as identified in subparagraph (A), are licensed, registered, or
11certified in the state within which they are providing the telephone
12medical advice services and are operating consistent with the laws
13governing their respective scopes of practice.
14(2) Ensuring that the telephone medical advice provided is
15consistent with good professional practice.
16(3) Maintaining records of telephone medical advice services,
17including records of complaints, provided to patients in California
18for a period of at least five years.
19(4) Ensuring that no staff member uses a title or designation
20when speaking to an enrollee, subscriber, or consumer that may
21cause a reasonable person to believe that the staff member is a
22licensed, certified, or registered health care professional described
23in subparagraph (A) of paragraph (1), unless the staff member is
24a licensed, certified, or registered professional.
25(5) Complying with all directions and requests for information
26made by the department.
27(6) Notifying the department within 30 days of any change of
28name, physical location, mailing address, or telephone number of
29any business, owner, partner, corporate officer, or agent for service
30of process in California, together with copies of all resolutions or
31other written communications that substantiate these
changes.
32(7) Submitting quarterly reports, on a form prescribed by the
33department, to the department within 30 days of the end of each
34calendar quarter.
35(b) To the extent permitted by Article VII of the California
36Constitution, the department may contract with a private nonprofit
37accrediting agency to evaluate the qualifications of applicants for
38registration pursuant to this chapter and to make recommendations
39to the department.
Section 4999.3 of the Business and Professions Code
3 is amended to read:
(a) The department may suspend, revoke, or otherwise
5discipline a registrant or deny an application for registration as a
6telephone medical advice service based on any of the following:
7(1) Incompetence, gross negligence, or repeated similar
8negligent acts performed by the registrant or any employee of the
9registrant.
10(2) An act of dishonesty or fraud by the registrant or any
11employee of the registrant.
12(3) The commission of any act, or being convicted of a crime,
13that constitutes grounds for denial or revocation of licensure
14pursuant
to any provision of this division.
15(b) The proceedings shall be conducted in accordance with
16Chapter 5 (commencing with Section 11500) of Part 1 of Division
173 of Title 2 of the Government Code, and the department shall
18have all powers granted therein.
19(c) Copies of any complaint against a telephone medical advice
20service shall be forwarded to the Department of Managed Health
21Care.
22(d) The department shall forward a copy of any complaint
23submitted to the department pursuant to this chapter to the entity
24that issued the license to the licensee involved in the advice
25provided to the patient.
Section 4999.4 of the Business and Professions Code
28 is amended to read:
(a) Every registration issued to a telephone medical
30advice service shall expire 24 months after the initial date of
31issuance.
32(b) To renew an unexpired registration, the registrant shall,
33before the time at which the registration would otherwise expire,
34pay the renewal fee authorized by Section 4999.5.
35(c) An expired registration may be renewed at any time within
36three years after its expiration upon the filing of an application for
37renewal on a form prescribed by the bureau and the payment of
38all fees authorized by Section 4999.5. A registration that is not
39renewed within three
years following its expiration shall not be
40renewed, restored, or reinstated thereafter, and the delinquent
P56 1registration shall be canceled immediately upon expiration of the
2three-year period.
Section 4999.5 of the Business and Professions Code
5 is amended to read:
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.
Section 4999.7 of the Business and Professions Code
11 is amended to read:
(a) This section does not limit, preclude, or otherwise
13interfere with the practices of other persons licensed or otherwise
14authorized to practice, under any other provision of this division,
15telephone medical advice services consistent with the laws
16governing their respective scopes of practice, or licensed under
17the Osteopathic Initiative Act or the Chiropractic Initiative Act
18and operating consistent with the laws governing their respective
19scopes of practice.
20(b) For purposes of this chapter, “telephone medical advice”
21means a telephonic communication between a patient and a health
22care professional in which the health care professional’s primary
23function is to provide to the
patient a telephonic response to the
24patient’s questions regarding his or her or a family member’s
25medical care or treatment. “Telephone medical advice” includes
26assessment, evaluation, or advice provided to patients or their
27family members.
28(c) For purposes of this chapter, “health care professional” is
29an employee or independent contractor described in Section 4999.2
30who provides medical advice services and is appropriately licensed,
31certified, or registered as a dentist, dental hygienist, dental hygienist
32in alternative practice, or dental hygienist in extended functions
33pursuant to Chapter 4 (commencing with Section 1600), as a
34physician and surgeon pursuant to Chapter 5 (commencing with
35Section 2000) or the Osteopathic Initiative Act, as a registered
36nurse pursuant to Chapter 6 (commencing with Section 2700), as
37a psychologist
pursuant to Chapter 6.6 (commencing with Section
382900), as a naturopathic doctor pursuant to Chapter 8.2
39(commencing with Section 3610), as an optometrist pursuant to
40Chapter 7 (commencing with Section 3000), as a marriage and
P57 1family therapist pursuant to Chapter 13 (commencing with Section
24980), as a licensed clinical social worker pursuant to Chapter 14
3(commencing with Section 4991), as a licensed professional clinical
4counselor pursuant to Chapter 16 (commencing with Section
54999.10), or as a chiropractor pursuant to the Chiropractic Initiative
6Act, and who is operating consistent with the laws governing his
7or her respective scopes of practice in the state in which he or she
8provides telephone medical advice services.
Section 4999.45 of the Business and Professions
11Code, as amended by Section 54 of Chapter 473 of the
Statutes of
122013, is amended to read:
(a) An intern employed under this chapter shall:
14(1) Not perform any duties, except for those services provided
15as a clinical counselor trainee, until registered as an intern.
16(2) Not be employed or volunteer in a private practice until
17registered as an intern.
18(3) Inform each client prior to performing any professional
19services that he or she is unlicensed and under supervision.
20(4) Renew annually for a maximum of five years after initial
21registration with the board.
22(b) When no further renewals are possible, an applicant may
23apply for and obtain a subsequent intern registration number if the
24applicant meets the educational requirements for registration in
25effect at the time of the application for a subsequent intern
26registration number and has passed the California law and ethics
27examination described in Section 4999.53. An applicant issued a
28subsequent intern registration number pursuant to this subdivision
29shall not be employed or volunteer in a private practice.
30(c) This section shall become operative on January 1, 2016.
Section 4999.46 of the Business and Professions
33Code, as amended by Section 3 of Chapter 435 of the
Statutes of
342014, is amended to read:
(a) To qualify for the licensure examination specified
36by paragraph (2) of subdivision (a) of Section 4999.53, applicants
37shall complete clinical mental health experience under the general
38supervision of an approved supervisor as defined in Section
394999.12.
P58 1(b) The experience shall include a minimum of 3,000 postdegree
2hours of supervised clinical mental health experience related to
3the practice of professional clinical counseling, performed over a
4period of not less than two years (104 weeks), which shall include:
5(1) Not more than 40 hours in any seven consecutive days.
6(2) Not less than 1,750 hours of direct counseling with
7
individuals, groups, couples, or families in a setting described in
8Section 4999.44 using a variety of psychotherapeutic techniques
9and recognized counseling interventions within the scope of
10practice of licensed professional clinical counselors.
11(3) Not more than 500 hours of experience providing group
12therapy or group counseling.
13(4) Not more than 375 hours of experience providing personal
14psychotherapy, crisis counseling, or other counseling services via
15telehealth in accordance with Section 2290.5.
16(5) Not less than 150 hours of clinical experience in a hospital
17or community mental health setting, as defined in Section 1820 of
18Title 16 of the California Code of Regulations.
19(6) Not more than a combined total of 1,250 hours of experience
20in the following related activities:
21(A) Direct supervisor contact.
22(B) Client centered advocacy.
23(C) Not more than 250 hours of experience administering tests
24and evaluating psychological tests of clients, writing clinical
25reports, writing progress notes, or writing process notes.
26(D) Not more than 250 hours of verified attendance at
27workshops, seminars, training sessions, or conferences directly
28related to professional clinical counseling that are approved by the
29applicant’s supervisor.
30(c) No hours of clinical mental health experience may be gained
31more than six years prior to the date the application for examination
32eligibility was filed.
33(d) An applicant shall register with the board as an intern in
34order to be credited for postdegree hours of experience toward
35licensure. Postdegree hours of experience shall be credited toward
36licensure, provided that the applicant applies for intern registration
37within 90 days of the granting of the qualifying degree and is
38thereafter granted the intern registration by the board. An applicant
39shall not be employed or volunteer in a private practice until
40registered as an intern by the board.
P59 1(e) All applicants and interns shall be at all times under the
2supervision of a supervisor who shall be responsible for ensuring
3that
the extent, kind, and quality of counseling performed is
4consistent with the training and experience of the person being
5supervised, and who shall be responsible to the board for
6compliance with all laws, rules, and regulations governing the
7practice of professional clinical counseling.
8(f) Experience obtained under the supervision of a spouse or
9relative by blood or marriage shall not be credited toward the
10required hours of supervised experience. Experience obtained
11under the supervision of a supervisor with whom the applicant has
12had or currently has a personal, professional, or business
13relationship that undermines the authority or effectiveness of the
14supervision shall not be credited toward the required hours of
15supervised experience.
16(g) Except for experience gained
pursuant to subparagraph (D)
17of paragraph (6) of subdivision (b), supervision shall include at
18least one hour of direct supervisor contact in each week for which
19experience is credited in each work setting.
20(1) No more than six hours of supervision, whether individual
21or group, shall be credited during any single week. This paragraph
22
shall apply to supervision hours gained on or after January 1, 2009.
23(2) An intern shall receive at least one additional hour of direct
24supervisor contact for every week in which more than 10 hours of
25face-to-face psychotherapy is performed in each setting in which
26experience is gained.
27(3) For purposes of this section, “one hour of direct supervisor
28contact” means one hour of face-to-face contact on an individual
29basis or two hours of face-to-face contact in a group of not more
30than eight persons in segments lasting no less than one continuous
31hour.
32(4) Notwithstanding paragraph (3), an intern working in a
33governmental entity, a school, a college, or a university, or an
34institution that is both nonprofit
and charitable, may obtain the
35required weekly direct supervisor contact via two-way, real-time
36
videoconferencing. The supervisor shall be responsible for ensuring
37that client confidentiality is upheld.
38(h) This section shall become operative on January 1, 2016.
Section 4999.55 of the Business and Professions Code
3 is amended to read:
(a) Each applicant and registrant shall obtain a
5passing score on a board-administered California law and ethics
6examination in order to qualify for licensure.
7(b) A registrant shall participate in a board-administered
8California law and ethics examination prior to his or her registration
9renewal.
10(c) Notwithstanding subdivision (b), an applicant who holds a
11registration eligible for renewal, with an expiration date no later
12than June 30, 2016, and who applies for renewal of that registration
13between January 1, 2016, and June 30, 2016, shall, if eligible, be
14allowed to renew the registration without first participating in
the
15California law and ethics examination. These applicants shall
16participate in the California law and ethics examination in the next
17renewal cycle, and shall pass the examination prior to licensure or
18issuance of a subsequent registration number, as specified in this
19section.
20(d) If an applicant fails the California law and ethics
21examination, he or she may retake the examination, upon payment
22of the required fees, without further application, except as provided
23in subdivision (e).
24(e) If a registrant fails to obtain a passing score on the California
25law and ethics examination described in subdivision (a) within his
26or her renewal period on or after the operative date of this section,
27he or she shall complete, at minimum, a 12-hour course in
28California law and ethics in
order to be eligible to participate in
29the California law and ethics examination. Registrants shall only
30take the 12-hour California law and ethics course once during a
31renewal period. The 12-hour law and ethics course required by
32this section shall be taken through a continuing education provider
33as specified by the board by regulation, a county, state, or
34governmental entity, or a college or university.
35(f) The board shall not issue a subsequent registration number
36unless the registrant has passed the California law and ethics
37examination.
38(g) Notwithstanding subdivision (f), an applicant who holds or
39has held a registration, with an expiration date no later than January
401, 2017, and who applies for a subsequent registration number
P61 1between January 1, 2016, and January 1, 2017,
shall, if eligible,
2be allowed to obtain the subsequent registration number without
3first passing the California law and ethics examination. These
4applicants shall pass the California law and ethics examination
5during the next renewal period or prior to licensure, whichever
6occurs first.
7(h) This section shall become operative January 1, 2016.
Section 4999.76 of the Business and Professions Code
10 is amended to read:
(a) Except as provided in subdivision (c), the board
12shall not renew any license pursuant to this chapter unless the
13applicant certifies to the board, on a form prescribed by the board,
14that he or she has completed not less than 36 hours of approved
15continuing education in or relevant to the field of professional
16clinical counseling in the preceding two years, as determined by
17the board.
18(b) The board shall have the right to audit the records of any
19applicant to verify the completion of the continuing education
20requirement. Applicants shall maintain records of completed
21continuing education coursework for a minimum of two years and
22shall make these records available to the board for
auditing
23purposes upon request.
24(c) The board may establish exceptions from the continuing
25education requirement of this section for good cause, as defined
26by the board.
27(d) The continuing education shall be obtained from one of the
28following sources:
29(1) A school, college, or university that is accredited or
30approved, as defined in Section 4999.12. Nothing in this paragraph
31shall be construed as requiring coursework to be offered as part
32of a regular degree program.
33(2) Other continuing education providers as specified by the
34board by regulation.
35(e) The board shall establish, by
regulation, a procedure for
36identifying acceptable providers of continuing education courses,
37and all providers of continuing education, as described in
38paragraphs (1) and (2) of subdivision (d), shall adhere to procedures
39established by the board. The board may revoke or deny the right
40of a provider to offer continuing education coursework pursuant
P62 1to this section for failure to comply with this section or any
2regulation adopted pursuant to this section.
3(f) Training, education, and coursework by approved providers
4shall incorporate one or more of the following:
5(1) Aspects of the discipline that are fundamental to the
6understanding or the practice of professional clinical counseling.
7(2) Significant recent
developments in the discipline of
8professional clinical counseling.
9(3) Aspects of other disciplines that enhance the understanding
10or the practice of professional clinical counseling.
11(g) A system of continuing education for licensed professional
12clinical counselors shall include courses directly related to the
13diagnosis, assessment, and treatment of the client population being
14served.
15(h) The board shall, by regulation, fund the administration of
16this section through continuing education provider fees to be
17deposited in the Behavioral Sciences Fund. The fees related to the
18administration of this section shall be sufficient to meet, but shall
19not exceed, the costs of administering the corresponding provisions
20of this
section. For the purposes of this subdivision, a provider of
21continuing education as described in paragraph (1) of subdivision
22(d) shall be deemed to be an approved provider.
23(i) The continuing education requirements of this section shall
24fully comply with the guidelines for mandatory continuing
25education established by the Department of Consumer Affairs
26pursuant to Section 166.
Section 4999.100 of the Business and Professions
29Code, as amended by Section 66 of Chapter 473 of
the Statutes of
302013, is amended to read:
(a) An intern registration shall expire one year from
32the last day of the month in which it was issued.
33(b) To renew a registration, the registrant on or before the
34expiration date of the registration, shall do the following:
35(1) Apply for a renewal on a form prescribed by the board.
36(2) Pay a renewal fee prescribed by the board.
37(3) Notify the board whether he or she has been convicted, as
38defined in Section 490, of a misdemeanor or felony, or whether
39any disciplinary action has been taken by any regulatory or
P63 1
licensing board in this or any other state, subsequent to the
2
registrant’s last renewal.
3(4) Participate in the California law and ethics examination
4pursuant to Section 4999.53 each year until successful completion
5of this examination.
6(c) The intern registration may be renewed a maximum of five
7times. Registration shall not be renewed or reinstated beyond six
8years from the last day of the month during which it was issued,
9regardless of whether it has been revoked. When no further
10renewals are possible, an applicant may apply for and obtain a
11subsequent intern registration number if the applicant meets the
12educational requirements for registration in effect at the time of
13the application for a subsequent intern registration number and
14has passed the California law and ethics examination described in
15Section 4999.53. An
applicant who is issued a subsequent intern
16registration number pursuant to this subdivision shall not be
17employed or volunteer in a private practice.
18(d) This section shall become operative on January 1, 2016.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
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