Amended in Assembly September 3, 2015

Amended in Assembly July 16, 2015

Amended in Assembly July 13, 2015

Amended in Assembly June 8, 2015

Amended in Senate April 20, 2015

Senate BillNo. 800


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

March 18, 2015


An act to amend Sections 28, 146, 500, 650.2, 800, 1603a, 1618.5, 1640.1, 1648.10, 1650, 1695, 1695.1, 1905.1, 1944, 2054, 2401, 2428, 2529, 2650, 2770, 2770.1, 2770.2, 2770.7, 2770.8, 2770.10, 2770.11, 2770.12, 2770.13, 2835.5, 3057, 3509.5, 4836.2, 4887, 4938, 4939, 4980.399, 4980.43, 4980.54, 4984.01, 4989.34, 4992.09, 4996.2, 4996.22, 4996.28, 4999.1, 4999.2, 4999.3, 4999.4, 4999.5, 4999.7, 4999.45, 4999.46, 4999.55, 4999.76, and 4999.100 of, to amend the heading of Article 3.1 (commencing with Section 2770) of Chapter 6 of Division 2 of, and to repeal Section 1917.2 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

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

Under existing law, the Department of Consumer Affairs is comprised of variousbegin delete boards, bureaus, commissions, committees, and similarly constituted agenciesend deletebegin insert boardsend insert 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 professionsbegin delete regulated by the departmentend delete 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 licensebegin delete issued by the board,end delete 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 andbegin delete 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.end deletebegin insert licensees. Existing law requires a new educational program for registered dental hygienists to submit a specified feasibility study. Existing law limits the fee for each curriculum review and site evaluation for these programs to a specified amount.end insert

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 boardbegin insert indefinitelyend insert to carry out any of specified provisions relating to the regulation of dental hygienists, including performing investigations of applicants and licensees.begin delete This bill, with regard to fees for accreditation of educational programs, would add a maximum fee for feasibility study review.end deletebegin insert The bill would additionally limit the fee for each feasibility study review to that same specified amount.end insert

(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 thebegin delete licensure, approval,end deletebegin insert licensureend insert 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 ofbegin insert registered nurses andend insert 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 practitionerbegin delete under the actend delete who has not been qualified or certified as a nurse practitioner to meet specified requirements. Certain provisions allow the board to findbegin delete other persons in practiceend deletebegin insert registered nursesend insert qualified to use the title of “nurse practitioner.”

This bill would delete those title provisions.

begin delete

(9) The

end delete

begin insertTheend insert 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.

begin delete

(10)

end delete

begin insert(9)end insert 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.

begin delete

(11)

end delete

begin insert(10)end insert 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.

begin delete

(12)

end delete

begin insert(11)end insert 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.

begin delete

(13)

end delete

begin insert(12)end insert 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.

begin insert

(13) The Board of Behavioral Sciences is responsible for administering 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.

end insert
begin delete

(14) The

end delete

begin insertTheend insert 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.begin insert The act limits the number of hours applicants for a marriage and family therapist license may provide counseling services via telehealth.end insert

begin delete

This

end delete

begin insertTheend insert 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.

begin insert

The bill would authorize a marriage and family therapist intern and trainee to provide services via telehealth if he or she is supervised as required by the act, and is acting within the scope authorized by the act and in accordance with any regulations governing the use of telehealth promulgated by the Board of Behavioral Sciences.

end insert
begin insert

The Licensed Marriage and Family Therapist Act and the Licensed Professional Clinical Counselor Act require applicants for licensure under those acts to comply with specified educational and experience requirements, including, but not limited to, hours of supervised experience, and sets forth terms, conditions, and limitations for those hours of experience, as specified.

end insert
begin insert

The bill would revise those experience requirements and provide that individuals who submit applications for examination eligibility between January 1, 2016, and December 31, 2020, may alternatively qualify under the current requirements.

end insert
begin delete

(15) The

end delete

begin insertTheend insert 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.

begin delete

(16) The

end delete

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

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

begin delete

(17)

end delete

begin insert(14)end insert Existing law provides for the registration of telephone medical advice services. Existing law imposes requirements for obtaining and maintaining registration, including a requirement that 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.

begin delete

(18)

end delete

begin insert(15)end insert This bill would additionally delete or update obsolete provisions and make conforming or nonsubstantive changes.

begin insert

(16) This bill would incorporate additional changes to Section 1944 of the Business and Professions Code made by this bill and AB 483 to take effect if both bills are chaptered and this bill is chaptered last.

end insert
begin delete

(19)

end delete

begin insert(17)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

P8    1

SECTION 1.  

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

3

28.  

(a) The Legislature finds that there is a need to ensure that
4professionals of the healing arts who have demonstrable contact
5with victims and potential victims of child, elder, and dependent
6adult abuse, and abusers and potential abusers of children, elders,
7and dependent adults are provided with adequate and appropriate
8training regarding the assessment and reporting of child, elder,
9and dependent adult abuse that will ameliorate, reduce, and
P9    1eliminate the trauma of abuse and neglect and ensure the reporting
2of abuse in a timely manner to prevent additional occurrences.

3(b) The Board of Psychology and the Board of Behavioral
4Sciences shall establish required training in the area of child abuse
5assessment and reporting for all persons applying for initial
6licensure and renewal of a license as a psychologist, clinical social
7worker, professional clinical counselor, or marriage and family
8therapist. This training shall be required one time only for all
9persons applying for initial licensure or for licensure renewal.

10(c) All persons applying for initial licensure or renewal of a
11license as a psychologist, clinical social worker, professional
12clinical counselor, or marriage and family therapist shall, in
13addition to all other requirements for licensure or renewal, have
14completed coursework or training in child abuse assessment and
15reporting that meets the requirements of this section, including
16detailed knowledge of the Child Abuse and Neglect Reporting Act
17(Article 2.5 (commencing with Section 11164) of Chapter 2 of
18Title 1 of Part 4 of the Penal Code). The training shall meet all of
19the following requirements:

20(1) Be obtained from one of the following sources:

21(A) An accredited or approved educational institution, as defined
22in Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12,
23including extension courses offered by those institutions.

24(B) A continuing education provider as specified by the
25responsible board by regulation.

26(C) A course sponsored or offered by a professional association
27or a local, county, or state department of health or mental health
28for continuing education and approved or accepted by the
29responsible board.

30(2) Have a minimum of seven contact hours.

31(3) Include the study of the assessment and method of reporting
32of sexual assault, neglect, severe neglect, general neglect, willful
33cruelty or unjustifiable punishment, corporal punishment or injury,
34and abuse in out-of-home care. The training shall also include
35physical and behavioral indicators of abuse, crisis counseling
36techniques, community resources, rights and responsibilities of
37reporting, consequences of failure to report, caring for a child’s
38needs after a report is made, sensitivity to previously abused
39children and adults, and implications and methods of treatment
40for children and adults.

P10   1(4) An applicant shall provide the appropriate board with
2documentation of completion of the required child abuse training.

3(d) The Board of Psychology and the Board of Behavioral
4Sciences shall exempt an applicant who applies for an exemption
5from this section and who shows to the satisfaction of the board
6that there would be no need for the training in his or her practice
7because of the nature of that practice.

8(e) It is the intent of the Legislature that a person licensed as a
9psychologist, clinical social worker, professional clinical counselor,
10or marriage and family therapist have minimal but appropriate
11training in the areas of child, elder, and dependent adult abuse
12assessment and reporting. It is not intended that, by solely
13complying with this section, a practitioner is fully trained in the
14subject of treatment of child, elder, and dependent adult abuse
15victims and abusers.

16(f) The Board of Psychology and the Board of Behavioral
17Sciences are encouraged to include coursework regarding the
18assessment and reporting of elder and dependent adult abuse in
19the required training on aging and long-term care issues prior to
20licensure or license renewal.

21

SEC. 2.  

Section 146 of the Business and Professions Code is
22amended to read:

23

146.  

(a) Notwithstanding any other provision of law, a
24violation of any code section listed in subdivision (c) is an
25infraction subject to the procedures described in Sections 19.6 and
2619.7 of the Penal Code when either of the following applies:

27(1) A complaint or a written notice to appear in court pursuant
28to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
292 of the Penal Code is filed in court charging the offense as an
30infraction unless the defendant, at the time he or she is arraigned,
31after being advised of his or her rights, elects to have the case
32proceed as a misdemeanor.

33(2) The court, with the consent of the defendant and the
34prosecution, determines that the offense is an infraction in which
35event the case shall proceed as if the defendant has been arraigned
36on an infraction complaint.

37(b) Subdivision (a) does not apply to a violation of the code
38sections listed in subdivision (c) if the defendant has had his or
39her license, registration, or certificate previously revoked or
40suspended.

P11   1(c) The following sections require registration, licensure,
2certification, or other authorization in order to engage in certain
3businesses or professions regulated by this code:

4(1) Sections 2052 and 2054.

5(2) Section 2630.

6(3) Section 2903.

7(4) Section 3575.

8(5) Section 3660.

9(6) Sections 3760 and 3761.

10(7) Section 4080.

11(8) Section 4825.

12(9) Section 4935.

13(10) Section 4980.

14(11) Section 4989.50.

15(12) Section 4996.

16(13) Section 4999.30.

17(14) Section 5536.

18(15) Section 6704.

19(16) Section 6980.10.

20(17) Section 7317.

21(18) Section 7502 or 7592.

22(19) Section 7520.

23(20) Section 7617 or 7641.

24(21) Subdivision (a) of Section 7872.

25(22) Section 8016.

26(23) Section 8505.

27(24) Section 8725.

28(25) Section 9681.

29(26) Section 9840.

30(27) Subdivision (c) of Section 9891.24.

31(28) Section 19049.

32(d) Notwithstanding any other law, a violation of any of the
33sections listed in subdivision (c), which is an infraction, is
34punishable by a fine of not less than two hundred fifty dollars
35($250) and not more than one thousand dollars ($1,000). No portion
36of the minimum fine may be suspended by the court unless as a
37condition of that suspension the defendant is required to submit
38proof of a current valid license, registration, or certificate for the
39profession or vocation that was the basis for his or her conviction.

P12   1

SEC. 3.  

Section 500 of the Business and Professions Code is
2amended to read:

3

500.  

If the register or book of registration of the Medical Board
4of California, the Dental Board of California, or the California
5State Board of Pharmacy is destroyed by fire or other public
6calamity, the board, whose duty it is to keep the register or book,
7may reproduce it so that there may be shown as nearly as possible
8the record existing in the original at the time of destruction.

9

SEC. 4.  

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

11

650.2.  

(a) Notwithstanding Section 650 or any other provision
12of law, it shall not be unlawful for a person licensed pursuant to
13Chapter 4 (commencing with Section 1600) of Division 2 or any
14other person, to participate in or operate a group advertising and
15referral service for dentists if all of the following conditions are
16met:

17(1) The patient referrals by the service result from
18patient-initiated responses to service advertising.

19(2) The service advertises, if at all, in conformity with Section
20651 and subdivisions (i) and (l) of Section 1680.

21(3) The service does not employ a solicitor within the meaning
22of subdivision (j) of Section 1680.

23(4) The service does not impose a fee on the member dentists
24dependent upon the number of referrals or amount of professional
25fees paid by the patient to the dentist.

26(5) Participating dentists charge no more than their usual and
27customary fees to any patient referred.

28(6) The service registers with the Dental Board of California,
29providing its name and address.

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

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

P13   1(9) When member dentists pay any fee to the service, any
2advertisement by the service shall clearly and conspicuously
3 disclose that fact by including a statement as follows: “Paid for
4by participating dentists.” In print advertisements, the required
5statement shall be in at least 9-point type. In radio advertisements,
6the required statement shall be articulated so as to be clearly
7audible and understandable by the radio audience. In television
8advertisements, the required statement shall be either clearly
9audible and understandable to the television audience, or displayed
10in a written form that remains clearly visible for at least five
11seconds to the television audience. This subdivision shall be
12operative on and after July 1, 1994.

13 (b) The Dental Board of California may adopt regulations
14necessary to enforce and administer this section.

15 (c) The Dental Board of California may suspend or revoke the
16registration of any service that fails to comply with paragraph (9)
17of subdivision (a). No service may reregister with the board if it
18has a registration that is currently under suspension for a violation
19of paragraph (9) of subdivision (a), nor may a service reregister
20with the board if it had a registration revoked by the board for a
21violation of paragraph (9) of subdivision (a) less than one year
22after that revocation.

23(d) The Dental Board of California may petition the superior
24court of any county for the issuance of an injunction restraining
25any conduct that constitutes a violation of this section.

26(e) It is unlawful and shall constitute a misdemeanor for a person
27to operate a group advertising and referral service for dentists
28without providing its name and address to the Dental Board of
29California.

30(f) It is the intent of the Legislature in enacting this section not
31to otherwise affect the prohibitions provided in Section 650. The
32Legislature intends to allow the pooling of resources by dentists
33for the purposes of advertising.

34 (g) This section shall not be construed to authorize a referral
35service to engage in the practice of dentistry.

36

SEC. 5.  

Section 800 of the Business and Professions Code is
37amended to read:

38

800.  

(a) The Medical Board of California, the Board of
39Psychology, the Dental Board of California, the Dental Hygiene
40Committee of California, the Osteopathic Medical Board of
P14   1California, the State Board of Chiropractic Examiners, the Board
2of Registered Nursing, the Board of Vocational Nursing and
3Psychiatric Technicians of the State of California, the State Board
4of Optometry, the Veterinary Medical Board, the Board of
5Behavioral Sciences, the Physical Therapy Board of California,
6the California State Board of Pharmacy, the Speech-Language
7Pathology and Audiology and Hearing Aid Dispensers Board, the
8California Board of Occupational Therapy, the Acupuncture Board,
9and the Physician Assistant Board shall each separately create and
10maintain a central file of the names of all persons who hold a
11license, certificate, or similar authority from that board. Each
12central file shall be created and maintained to provide an individual
13historical record for each licensee with respect to the following
14information:

15(1) Any conviction of a crime in this or any other state that
16constitutes unprofessional conduct pursuant to the reporting
17requirements of Section 803.

18(2) Any judgment or settlement requiring the licensee or his or
19her insurer to pay any amount of damages in excess of three
20thousand dollars ($3,000) for any claim that injury or death was
21proximately caused by the licensee’s negligence, error or omission
22in practice, or by rendering unauthorized professional services,
23pursuant to the reporting requirements of Section 801 or 802.

24(3) Any public complaints for which provision is made pursuant
25to subdivision (b).

26(4) Disciplinary information reported pursuant to Section 805,
27including any additional exculpatory or explanatory statements
28submitted by the licentiate pursuant to subdivision (f) of Section
29805. If a court finds, in a final judgment, that the peer review
30resulting in the 805 report was conducted in bad faith and the
31licensee who is the subject of the report notifies the board of that
32finding, the board shall include that finding in the central file. For
33purposes of this paragraph, “peer review” has the same meaning
34as defined in Section 805.

35(5) Information reported pursuant to Section 805.01, including
36any explanatory or exculpatory information submitted by the
37licensee pursuant to subdivision (b) of that section.

38(b) (1) Each board shall prescribe and promulgate forms on
39which members of the public and other licensees or certificate
40holders may file written complaints to the board alleging any act
P15   1of misconduct in, or connected with, the performance of
2professional services by the licensee.

3(2) If a board, or division thereof, a committee, or a panel has
4failed to act upon a complaint or report within five years, or has
5found that the complaint or report is without merit, the central file
6shall be purged of information relating to the complaint or report.

7(3) Notwithstanding this subdivision, the Board of Psychology,
8the Board of Behavioral Sciences, and the Respiratory Care Board
9of California shall maintain complaints or reports as long as each
10board deems necessary.

11(c) (1) The contents of any central file that are not public
12records under any other provision of law shall be confidential
13except that the licensee involved, or his or her counsel or
14representative, shall have the right to inspect and have copies made
15of his or her complete file except for the provision that may
16disclose the identity of an information source. For the purposes of
17this section, a board may protect an information source by
18providing a copy of the material with only those deletions necessary
19to protect the identity of the source or by providing a
20comprehensive summary of the substance of the material.
21Whichever method is used, the board shall ensure that full
22disclosure is made to the subject of any personal information that
23could reasonably in any way reflect or convey anything detrimental,
24disparaging, or threatening to a licensee’s reputation, rights,
25benefits, privileges, or qualifications, or be used by a board to
26make a determination that would affect a licensee’s rights, benefits,
27privileges, or qualifications. The information required to be
28disclosed pursuant to Section 803.1 shall not be considered among
29the contents of a central file for the purposes of this subdivision.

30(2) The licensee may, but is not required to, submit any
31additional exculpatory or explanatory statement or other
32information that the board shall include in the central file.

33(3) Each board may permit any law enforcement or regulatory
34agency when required for an investigation of unlawful activity or
35for licensing, certification, or regulatory purposes to inspect and
36have copies made of that licensee’s file, unless the disclosure is
37otherwise prohibited by law.

38(4) These disclosures shall effect no change in the confidential
39status of these records.

P16   1

SEC. 6.  

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

3

1603a.  

A member of the Dental Board of California who has
4served two terms shall not be eligible for reappointment to the
5board. In computing two terms hereunder, that portion of an
6unexpired term that a member fills as a result of a vacancy shall
7be excluded.

8

SEC. 7.  

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

10

1618.5.  

(a) The board shall provide to the Director of the
11Department of Managed Health Care a copy of any accusation
12filed with the Office of Administrative Hearings pursuant to
13Chapter 5 (commencing with Section 11500) of Part 1 of Division
143 of Title 2 of the Government Code, when the accusation is filed,
15for a violation of this chapter relating to the quality of care of any
16dental provider of a health care service plan, as defined in Section
171345 of the Health and Safety Code. There shall be no liability on
18the part of, and no cause of action shall arise against, the State of
19California, the Dental Board of California, the Department of
20Managed Health Care, the director of that department, or any
21officer, agent, employee, consultant, or contractor of the state or
22the board or the department for the release of any false or
23unauthorized information pursuant to this section, unless the release
24is made with knowledge and malice.

25(b) The board and its executive officer and staff shall maintain
26the confidentiality of any nonpublic reports provided by the
27Director of the Department of Managed Health Care pursuant to
28subdivision (i) of Section 1380 of the Health and Safety Code.

29

SEC. 8.  

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

31

1640.1.  

As used in this article, the following definitions shall
32apply:

33(a) “Specialty” means an area of dental practice approved by
34the American Dental Association and recognized by the board.

35(b) “Discipline” means an advanced dental educational program
36in an area of dental practice not approved as a specialty by the
37American Dental Association; but offered from a dental college
38approved by the board.

39(c) “Dental college approved by the board” means a dental
40school or college that is approved by the Commission on Dental
P17   1Accreditation of the American Dental Association, that is
2accredited by a body that has a reciprocal accreditation agreement
3with that commission, or that has been approved by the Dental
4Board of California through its own approval process.

5

SEC. 9.  

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

7

1648.10.  

(a) The Dental Board of California shall develop and
8distribute a fact sheet describing and comparing the risks and
9efficacy of the various types of dental restorative materials that
10may be used to repair a dental patient’s oral condition or defect.
11The fact sheet shall include:

12(1) A description of the groups of materials that are available
13to the profession for restoration of an oral condition or defect.

14(2) A comparison of the relative benefits and detriments of each
15group of materials.

16(3) A comparison of the cost considerations associated with
17each group of materials.

18(4) A reference to encourage discussion between patient and
19dentist regarding materials and to inform the patient of his or her
20options.

21(b) The fact sheet shall be made available by the Dental Board
22of California to all licensed dentists.

23(c) The Dental Board of California shall update the fact sheet
24described in subdivision (a) as determined necessary by the board.

25

SEC. 10.  

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

27

1650.  

Every person who is now or hereafter licensed to practice
28dentistry in this state shall register on forms prescribed by the
29board, his or her place of practice with the executive officer of the
30Dental Board of California, or, if he or she has more than one place
31of practice, all of the places of practice, or, if he or she has no place
32of practice, to so notify the executive officer of the board. A person
33licensed by the board shall register with the executive officer within
3430 days after the date of his or her license.

35

SEC. 11.  

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

37

1695.  

It is the intent of the Legislature that the Dental Board
38of California seek ways and means to identify and rehabilitate
39licentiates whose competency may be impaired due to abuse of
40dangerous drugs or alcohol, so that licentiates so afflicted may be
P18   1treated and returned to the practice of dentistry in a manner that
2will not endanger the public health and safety. It is also the intent
3of the Legislature that the Dental Board of California shall
4implement this legislation in part by establishing a diversion
5program as a voluntary alternative approach to traditional
6disciplinary actions.

7

SEC. 12.  

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

9

1695.1.  

As used in this article:

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

11(b) “Committee” means a diversion evaluation committee
12created by this article.

13(c) “Program manager” means the staff manager of the diversion
14program, as designated by the executive officer of the board. The
15program manager shall have background experience in dealing
16with substance abuse issues.

17

SEC. 13.  

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

19

1905.1.  

The committee may contract with the dental board to
20carry out this article. The committee may contract with the dental
21board to perform investigations of applicants and licensees under
22this article.

23

SEC. 14.  

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

25

SEC. 15.  

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

27

1944.  

(a) The committee shall establish by resolution the
28amount of the fees that relate to the licensing of a registered dental
29hygienist, a registered dental hygienist in alternative practice, and
30a registered dental hygienist in extended functions. The fees
31established by board resolution in effect on June 30, 2009, as they
32relate to the licensure of registered dental hygienists, registered
33dental hygienists in alternative practice, and registered dental
34hygienists in extended functions, shall remain in effect until
35modified by the committee. The fees are subject to the following
36limitations:

37(1) The application fee for an original license and the fee for
38issuance of an original license shall not exceed two hundred fifty
39dollars ($250).

P19   1(2) The fee for examination for licensure as a registered dental
2hygienist shall not exceed the actual cost of the examination.

3(3) The fee for examination for licensure as a registered dental
4hygienist in extended functions shall not exceed the actual cost of
5the examination.

6(4) The fee for examination for licensure as a registered dental
7hygienist in alternative practice shall not exceed the actual cost of
8administering the examination.

9(5) The biennial renewal fee shall not exceed one hundred sixty
10dollars ($160).

11(6) The delinquency fee shall not exceed one-half of the renewal
12fee. Any delinquent license may be restored only upon payment
13of all fees, including the delinquency fee, and compliance with all
14other applicable requirements of this article.

15(7) The fee for issuance of a duplicate license to replace one
16that is lost or destroyed, or in the event of a name change, shall
17not exceed twenty-five dollars ($25) or one-half of the renewal
18fee, whichever is greater.

19(8) The fee for certification of licensure shall not exceed one-half
20of the renewal fee.

21(9) The fee for each curriculum review, feasibility study review,
22and site evaluation for educational programs for dental hygienists
23who are not accredited by a committee-approved agency shall not
24exceed two thousand one hundred dollars ($2,100).

25(10) The fee for each review or approval of course requirements
26for licensure or procedures that require additional training shall
27not exceed seven hundred fifty dollars ($750).

28(11) The initial application and biennial fee for a provider of
29continuing education shall not exceed five hundred dollars ($500).

30(12) The amount of fees payable in connection with permits
31issued under Section 1962 is as follows:

32(A) The initial permit fee is an amount equal to the renewal fee
33for the applicant’s license to practice dental hygiene in effect on
34the last regular renewal date before the date on which the permit
35is issued.

36(B) If the permit will expire less than one year after its issuance,
37then the initial permit fee is an amount equal to 50 percent of the
38renewal fee in effect on the last regular renewal date before the
39date on which the permit is issued.

P20   1(b) The renewal and delinquency fees shall be fixed by the
2committee by resolution at not more than the current amount of
3the renewal fee for a license to practice under this article nor less
4than five dollars ($5).

5(c) Fees fixed by the committee by resolution pursuant to this
6section shall not be subject to the approval of the Office of
7Administrative Law.

8(d) Fees collected pursuant to this section shall be collected by
9the committee and deposited into the State Dental Hygiene Fund,
10which is hereby created. All money in this fund shall, upon
11appropriation by the Legislature in the annual Budget Act, be used
12to implement this article.

13(e) No fees or charges other than those listed in this section shall
14be levied by the committee in connection with the licensure of
15registered dental hygienists, registered dental hygienists in
16alternative practice, or registered dental hygienists in extended
17functions.

18(f) The fee for registration of an extramural dental facility shall
19not exceed two hundred fifty dollars ($250).

20(g) The fee for registration of a mobile dental hygiene unit shall
21not exceed one hundred fifty dollars ($150).

22(h) The biennial renewal fee for a mobile dental hygiene unit
23shall not exceed two hundred fifty dollars ($250).

24(i) The fee for an additional office permit shall not exceed two
25hundred fifty dollars ($250).

26(j) The biennial renewal fee for an additional office as described
27in Section 1926.4 shall not exceed two hundred fifty dollars ($250).

28(k) The initial application and biennial special permit fee is an
29amount equal to the biennial renewal fee specified in paragraph
30(6) of subdivision (a).

31(l) The fees in this section shall not exceed an amount sufficient
32to cover the reasonable regulatory cost of carrying out this article.

33begin insert

begin insertSEC. 15.5.end insert  

end insert

begin insertSection 1944 of the end insertbegin insertBusiness and Professions Codeend insert
34begin insert is amended to read:end insert

35

1944.  

(a) The committee shall establish by resolution the
36amount of the fees that relate to the licensing of a registered dental
37hygienist, a registered dental hygienist in alternative practice, and
38a registered dental hygienist in extended functions. The fees
39established by board resolution in effect on June 30, 2009, as they
40relate to the licensure of registered dental hygienists, registered
P21   1dental hygienists in alternative practice, and registered dental
2hygienists in extended functions, shall remain in effect until
3modified by the committee. The fees are subject to the following
4limitations:

5(1) The application fee for an original license and the fee for
6begin insert theend insert issuance of an original license shall not exceed two hundred
7fifty dollars ($250).begin insert Commencing July 1, 2017, the fee for the
8issuance of an original license shall be prorated on the monthly
9basis.end insert

10(2) The fee for examination for licensure as a registered dental
11hygienist shall not exceed the actual cost of the examination.

begin delete

12(3) For third- and fourth-year dental students, the fee for
13examination for licensure as a registered dental hygienist shall not
14exceed the actual cost of the examination.

end delete
begin delete

15(4)

end delete

16begin insert(3)end insert The fee for examination for licensure as a registered dental
17hygienist in extended functions shall not exceed the actual cost of
18the examination.

begin delete

19(5)

end delete

20begin insert(4)end insert The fee for examination for licensure as a registered dental
21hygienist in alternative practice shall not exceed the actual cost of
22administering the examination.

begin delete

23(6)

end delete

24begin insert(5)end insert The biennial renewal fee shall not exceed one hundred sixty
25dollars ($160).

begin delete

26(7)

end delete

27begin insert(6)end insert The delinquency fee shall not exceed one-half of the renewal
28fee. Any delinquent license may be restored only upon payment
29of all fees, including the delinquency fee, and compliance with all
30other applicable requirements of this article.

begin delete

31(8)

end delete

32begin insert(7)end insert The fee for issuance of a duplicate license to replace one
33that is lost or destroyed, or in the event of a name change, shall
34not exceed twenty-five dollars ($25) or one-half of the renewal
35fee, whichever is greater.

begin delete

36(9)

end delete

37begin insert(8)end insert The fee for certification of licensure shall not exceed one-half
38of the renewal fee.

begin delete

39(10)

end delete

P22   1begin insert(9)end insert The fee for each curriculumbegin delete reviewend deletebegin insert review, feasibility study
2review,end insert
and site evaluation for educational programs for dental
3hygienists who are not accredited by a committee-approved agency
4shall not exceed two thousand one hundred dollars ($2,100).

begin delete

5(11)

end delete

6begin insert(10)end insert The fee for each review or approval of course requirements
7for licensure or procedures that require additional training shall
8not exceed seven hundred fifty dollars ($750).

begin delete

9(12)

end delete

10begin insert(11)end insert The initial application and biennial fee for a provider of
11continuing education shall not exceed five hundred dollars ($500).

begin delete

12(13)

end delete

13begin insert(12)end insert The amount of fees payable in connection with permits
14issued under Section 1962 is as follows:

15(A) The initial permit fee is an amount equal to the renewal fee
16for the applicant’s license to practice dental hygiene in effect on
17the last regular renewal date before the date on which the permit
18is issued.

19(B) If the permit will expire less than one year after its issuance,
20then the initial permit fee is an amount equal to 50 percent of the
21renewal fee in effect on the last regular renewal date before the
22date on which the permit is issued.

23(b) The renewal and delinquency fees shall be fixed by the
24committee by resolution at not more than the current amount of
25the renewal fee for a license to practice under this article nor less
26than five dollars ($5).

27(c) Fees fixed by the committee by resolution pursuant to this
28section shall not be subject to the approval of the Office of
29Administrative Law.

30(d) Fees collected pursuant to this section shall be collected by
31the committee and deposited into the State Dental Hygiene Fund,
32which is hereby created. All money in this fund shall, upon
33appropriation by the Legislature in the annual Budget Act, be used
34to implementbegin delete the provisions ofend delete this article.

35(e) No fees or charges other than those listed in this section shall
36be levied by the committee in connection with the licensure of
37registered dental hygienists, registered dental hygienists in
38alternative practice, or registered dental hygienists in extended
39functions.

P23   1(f) The fee for registration of an extramural dental facility shall
2not exceed two hundred fifty dollars ($250).

3(g) The fee for registration of a mobile dental hygiene unit shall
4not exceed one hundred fifty dollars ($150).

5(h) The biennial renewal fee for a mobile dental hygiene unit
6shall not exceed two hundred fifty dollars ($250).

7(i) The fee for an additional office permit shall not exceed two
8hundred fifty dollars ($250).

9(j) The biennial renewal fee for an additional office as described
10in Section 1926.4 shall not exceed two hundred fifty dollars ($250).

11(k) The initial application and biennial special permit fee is an
12amount equal to the biennial renewal fee specified in paragraph
13(6) of subdivision (a).

14(l) The fees in this section shall not exceed an amount sufficient
15to cover the reasonable regulatory cost of carrying outbegin delete the
16provisions ofend delete
this article.

17

SEC. 16.  

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

19

2054.  

(a) Any person who uses in any sign, business card, or
20letterhead, or, in an advertisement, the words “doctor” or
21“physician,” the letters or prefix “Dr.,” the initials “M.D.,” or any
22other terms or letters indicating or implying that he or she is a
23physician and surgeon, physician, surgeon, or practitioner under
24the terms of this or any other law, or that he or she is entitled to
25practice hereunder, or who represents or holds himself or herself
26out as a physician and surgeon, physician, surgeon, or practitioner
27under the terms of this or any other law, without having at the time
28of so doing a valid, unrevoked, and unsuspended certificate as a
29physician and surgeon under this chapter, is guilty of a
30misdemeanor.

31(b) A holder of a valid, unrevoked, and unsuspended certificate
32to practice podiatric medicine may use the phrases “doctor of
33podiatric medicine,” “doctor of podiatry,” and “podiatric doctor,”
34or the initials “D.P.M.,” and shall not be in violation of subdivision
35(a).

36(c) Notwithstanding subdivision (a), any of the following
37persons may use the words “doctor” or “physician,” the letters or
38prefix “Dr.,” or the initials “M.D.”:

P24   1(1) A graduate of a medical school approved or recognized by
2the board while enrolled in a postgraduate training program
3approved by the board.

4(2) A graduate of a medical school who does not have a
5certificate as a physician and surgeon under this chapter if he or
6she meets all of the following requirements:

7(A) If issued a license to practice medicine in any jurisdiction,
8has not had that license revoked or suspended by that jurisdiction.

9(B) Does not otherwise hold himself or herself out as a physician
10and surgeon entitled to practice medicine in this state except to
11the extent authorized by this chapter.

12(C) Does not engage in any of the acts prohibited by Section
132060.

14(3) A person authorized to practice medicine under Section 2111
15or 2113 subject to the limitations set forth in those sections.

16

SEC. 17.  

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

18

2401.  

(a) Notwithstanding Section 2400, a clinic operated
19primarily for the purpose of medical education by a public or
20private nonprofit university medical school, which is approved by
21the board or the Osteopathic Medical Board of California, may
22charge for professional services rendered to teaching patients by
23licensees who hold academic appointments on the faculty of the
24university, if the charges are approved by the physician and surgeon
25in whose name the charges are made.

26(b) Notwithstanding Section 2400, a clinic operated under
27subdivision (p) of Section 1206 of the Health and Safety Code
28may employ licensees and charge for professional services rendered
29by those licensees. However, the clinic shall not interfere with,
30control, or otherwise direct the professional judgment of a
31physician and surgeon in a manner prohibited by Section 2400 or
32any other provision of law.

33(c) Notwithstanding Section 2400, a narcotic treatment program
34operated under Section 11876 of the Health and Safety Code and
35regulated by the State Department of Health Care Services, may
36employ licensees and charge for professional services rendered by
37those licensees. However, the narcotic treatment program shall
38not interfere with, control, or otherwise direct the professional
39judgment of a physician and surgeon in a manner prohibited by
40Section 2400 or any other provision of law.

P25   1(d) Notwithstanding Section 2400, a hospital that is owned and
2operated by a licensed charitable organization, that offers only
3pediatric subspecialty care, that, prior to January 1, 2013, employed
4licensees on a salary basis, and that has not charged for professional
5services rendered to patients may, commencing January 1, 2013,
6charge for professional services rendered to patients, provided the
7following conditions are met:

8(1) The hospital does not increase the number of salaried
9licensees by more than five licensees each year.

10(2) The hospital does not expand its scope of services beyond
11pediatric subspecialty care.

12(3) The hospital accepts each patient needing its scope of
13services regardless of his or her ability to pay, including whether
14the patient has any form of health care coverage.

15(4) The medical staff concur by an affirmative vote that the
16licensee’s employment is in the best interest of the communities
17served by the hospital.

18(5) The hospital does not interfere with, control, or otherwise
19direct a physician and surgeon’s professional judgment in a manner
20prohibited by Section 2400 or any other provision of law.

21

SEC. 18.  

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

23

2428.  

(a) A person who voluntarily cancels his or her license
24or who fails to renew his or her license within five years after its
25expiration shall not renew it, but that person may apply for and
26obtain a new license if he or she:

27(1) Has not committed any acts or crimes constituting grounds
28for denial of licensure under Division 1.5 (commencing with
29Section 475).

30(2) Takes and passes the examination, if any, which would be
31required of him or her if application for licensure was being made
32for the first time, or otherwise establishes to the satisfaction of the
33licensing authority that passes on the qualifications of applicants
34for the license that, with due regard for the public interest, he or
35she is qualified to practice the profession or activity for which the
36applicant was originally licensed.

37(3) Pays all of the fees that would be required if application for
38licensure was being made for the first time.

P26   1The licensing authority may provide for the waiver or refund of
2all or any part of an examination fee in those cases in which a
3license is issued without an examination pursuant to this section.

4Nothing in this section shall be construed to authorize the
5issuance of a license for a professional activity or system or mode
6of healing for which licenses are no longer required.

7(b) In addition to the requirements set forth in subdivision (a),
8an applicant shall establish that he or she meets one of the
9following requirements: (1) satisfactory completion of at least two
10years of approved postgraduate training; (2) certification by a
11specialty board approved by the American Board of Medical
12Specialties or approved by the board pursuant to subdivision (h)
13of Section 651; or (3) passing of the clinical competency written
14examination.

15(c) Subdivision (a) shall apply to persons who held licenses to
16practice podiatric medicine except that those persons who failed
17to renew their licenses within three years after its expiration may
18not renew it, and it may not be reissued, reinstated, or restored,
19except in accordance with subdivision (a).

20

SEC. 19.  

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

22

2529.  

(a) Graduates of the Southern California Psychoanalytic
23Institute, the Los Angeles Psychoanalytic Society and Institute,
24the San Francisco Psychoanalytic Institute, the San Diego
25Psychoanalytic Center, or institutes deemed equivalent by the
26 Medical Board of California who have completed clinical training
27in psychoanalysis may engage in psychoanalysis as an adjunct to
28teaching, training, or research and hold themselves out to the public
29as psychoanalysts, and students in those institutes may engage in
30psychoanalysis under supervision, if the students and graduates
31do not hold themselves out to the public by any title or description
32of services incorporating the words “psychological,”
33“psychologist,” “psychology,” “psychometrists,” “psychometrics,”
34or “psychometry,” or that they do not state or imply that they are
35licensed to practice psychology.

36(b) Those students and graduates seeking to engage in
37psychoanalysis under this chapter shall register with the Medical
38Board of California, presenting evidence of their student or
39graduate status. The board may suspend or revoke the exemption
P27   1of those persons for unprofessional conduct as defined in Sections
2726, 2234, and 2235.

3

SEC. 20.  

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

5

2650.  

(a) The physical therapist education requirements are
6as follows:

7(1) Except as otherwise provided in this chapter, each applicant
8for a license as a physical therapist shall be a graduate of a
9professional degree program of an accredited postsecondary
10institution or institutions approved by the board and shall have
11completed a professional education program including academic
12course work and clinical internship in physical therapy.

13(2) Unless otherwise specified by the board by regulation, the
14educational requirements shall include instruction in the subjects
15prescribed by the Commission on Accreditation in Physical
16Therapy Education (CAPTE) of the American Physical Therapy
17Association or Physiotherapy Education Accreditation Canada and
18shall include a combination of didactic and clinical experiences.
19The clinical experience shall include at least 18 weeks of full-time
20experience with a variety of patients.

21(b) The physical therapist assistant educational requirements
22are as follows:

23(1) Except as otherwise provided in this chapter, each applicant
24for a license as a physical therapist assistant shall be a graduate of
25a physical therapist assistant program of an accredited
26postsecondary institution or institutions approved by the board,
27and shall have completed both the academic and clinical experience
28required by the physical therapist assistant program, and have been
29awarded an associate degree.

30(2) Unless otherwise specified by the board by regulation, the
31educational requirements shall include instruction in the subjects
32prescribed by the CAPTE of the American Physical Therapy
33Association or Physiotherapy Education Accreditation Canada or
34another body as may be approved by the board by regulation and
35shall include a combination of didactic and clinical experiences.

36

SEC. 21.  

The heading of Article 3.1 (commencing with Section
372770) of Chapter 6 of Division 2 of the Business and Professions
38Code
is amended to read:

39 

40Article 3.1.  Intervention Program

 

P28   1

SEC. 22.  

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

3

2770.  

It is the intent of the Legislature that the Board of
4Registered Nursing seek ways and means to identify and
5rehabilitate registered nurses whose competency may be impaired
6due to abuse of alcohol and other drugs, or due to mental illness
7so that registered nurses so afflicted may be rehabilitated and
8returned to the practice of nursing in a manner that will not
9endanger the public health and safety. It is also the intent of the
10Legislature that the Board of Registered Nursing shall implement
11this legislation by establishing an intervention program as a
12voluntary alternative to traditional disciplinary actions.

13

SEC. 23.  

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

15

2770.1.  

As used in this article:

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

17(b) “Committee” means an intervention evaluation committee
18created by this article.

19(c) “Program manager” means the staff manager of the
20intervention program, as designated by the executive officer of the
21board. The program manager shall have background experience
22in dealing with substance abuse issues.

23

SEC. 24.  

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

25

2770.2.  

(a) One or more intervention evaluation committees
26is hereby created in the state to be established by the board. Each
27committee shall be composed of five persons appointed by the
28board. No board member shall serve on any committee.

29(b) Each committee shall have the following composition:

30(1) Three registered nurses, holding active California licenses,
31who have demonstrated expertise in the field of chemical
32dependency or psychiatric nursing.

33(2) One physician, holding an active California license, who
34specializes in the diagnosis and treatment of addictive diseases or
35mental illness.

36(3) One public member who is knowledgeable in the field of
37chemical dependency or mental illness.

38(c) It shall require a majority vote of the board to appoint a
39person to a committee. Each appointment shall be at the pleasure
P29   1of the board for a term not to exceed four years. In its discretion
2the board may stagger the terms of the initial members appointed.

3

SEC. 25.  

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

5

2770.7.  

(a) The board shall establish criteria for the acceptance,
6denial, or termination of registered nurses in the intervention
7program. Only those registered nurses who have voluntarily
8requested to participate in the intervention program shall participate
9in the program.

10(b) A registered nurse under current investigation by the board
11may request entry into the intervention program by contacting the
12board. Prior to authorizing a registered nurse to enter into the
13intervention program, the board may require the registered nurse
14under current investigation for any violations of this chapter or
15any other provision of this code to execute a statement of
16understanding that states that the registered nurse understands that
17his or her violations that would otherwise be the basis for discipline
18may still be investigated and may be the subject of disciplinary
19action.

20(c) If the reasons for a current investigation of a registered nurse
21are based primarily on the self-administration of any controlled
22substance or dangerous drug or alcohol under Section 2762, or the
23illegal possession, prescription, or nonviolent procurement of any
24controlled substance or dangerous drug for self-administration that
25does not involve actual, direct harm to the public, the board shall
26close the investigation without further action if the registered nurse
27is accepted into the board’s intervention program and successfully
28completes the program. If the registered nurse withdraws or is
29terminated from the program by an intervention evaluation
30committee, and the termination is approved by the program
31manager, the investigation shall be reopened and disciplinary action
32imposed, if warranted, as determined by the board.

33(d) Neither acceptance nor participation in the intervention
34program shall preclude the board from investigating or continuing
35to investigate, or taking disciplinary action or continuing to take
36disciplinary action against, any registered nurse for any
37unprofessional conduct committed before, during, or after
38participation in the intervention program.

39(e) All registered nurses shall sign an agreement of
40understanding that the withdrawal or termination from the
P30   1intervention program at a time when the program manager or
2intervention evaluation committee determines the licentiate presents
3a threat to the public’s health and safety shall result in the
4utilization by the board of intervention program treatment records
5in disciplinary or criminal proceedings.

6(f) Any registered nurse terminated from the intervention
7program for failure to comply with program requirements is subject
8to disciplinary action by the board for acts committed before,
9during, and after participation in the intervention program. A
10registered nurse who has been under investigation by the board
11and has been terminated from the intervention program by an
12intervention evaluation committee shall be reported by the
13intervention evaluation committee to the board.

14

SEC. 26.  

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

16

2770.8.  

A committee created under this article operates under
17the direction of the intervention program manager. The program
18manager has the primary responsibility to review and evaluate
19recommendations of the committee. Each committee shall have
20the following duties and responsibilities:

21(a) To evaluate those registered nurses who request participation
22in the program according to the guidelines prescribed by the board,
23and to make recommendations.

24(b) To review and designate those treatment services to which
25registered nurses in an intervention program may be referred.

26(c) To receive and review information concerning a registered
27nurse participating in the program.

28(d) To consider in the case of each registered nurse participating
29in a program whether he or she may with safety continue or resume
30the practice of nursing.

31(e) To call meetings as necessary to consider the requests of
32registered nurses to participate in an intervention program, and to
33consider reports regarding registered nurses participating in a
34program.

35(f) To make recommendations to the program manager regarding
36the terms and conditions of the intervention agreement for each
37registered nurse participating in the program, including treatment,
38supervision, and monitoring requirements.

39

SEC. 27.  

Section 2770.10 of the Business and Professions
40Code
is amended to read:

P31   1

2770.10.  

Notwithstanding Article 9 (commencing with Section
211120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
3Government Code, relating to public meetings, a committee may
4convene in closed session to consider reports pertaining to any
5registered nurse requesting or participating in an intervention
6program. A committee shall only convene in closed session to the
7extent that it is necessary to protect the privacy of such a licentiate.

8

SEC. 28.  

Section 2770.11 of the Business and Professions
9Code
is amended to read:

10

2770.11.  

(a) Each registered nurse who requests participation
11in an intervention program shall agree to cooperate with the
12rehabilitation program designed by the committee and approved
13by the program manager. Any failure to comply with a
14rehabilitation program may result in termination of the registered
15nurse’s participation in a program. The name and license number
16of a registered nurse who is terminated for any reason, other than
17successful completion, shall be reported to the board’s enforcement
18program.

19(b) If the program manager determines that a registered nurse,
20who is denied admission into the program or terminated from the
21program, presents a threat to the public or his or her own health
22and safety, the program manager shall report the name and license
23number, along with a copy of all intervention program records for
24that registered nurse, to the board’s enforcement program. The
25board may use any of the records it receives under this subdivision
26in any disciplinary proceeding.

27

SEC. 29.  

Section 2770.12 of the Business and Professions
28Code
is amended to read:

29

2770.12.  

(a) After the committee and the program manager
30in their discretion have determined that a registered nurse has
31successfully completed the intervention program, all records
32pertaining to the registered nurse’s participation in the intervention
33program shall be purged.

34(b) All board and committee records and records of a proceeding
35pertaining to the participation of a registered nurse in the
36intervention program shall be kept confidential and are not subject
37to discovery or subpoena, except as specified in subdivision (b)
38of Section 2770.11 and subdivision (c).

P32   1(c) A registered nurse shall be deemed to have waived any rights
2granted by any laws and regulations relating to confidentiality of
3the intervention program, if he or she does any of the following:

4(1) Presents information relating to any aspect of the intervention
5program during any stage of the disciplinary process subsequent
6to the filing of an accusation, statement of issues, or petition to
7compel an examination pursuant to Article 12.5 (commencing with
8Section 820) of Chapter 1. The waiver shall be limited to
9information necessary to verify or refute any information disclosed
10by the registered nurse.

11(2) Files a lawsuit against the board relating to any aspect of
12the intervention program.

13(3) Claims in defense to a disciplinary action, based on a
14complaint that led to the registered nurse’s participation in the
15intervention program, that he or she was prejudiced by the length
16of time that passed between the alleged violation and the filing of
17the accusation. The waiver shall be limited to information necessary
18to document the length of time the registered nurse participated in
19the intervention program.

20

SEC. 30.  

Section 2770.13 of the Business and Professions
21Code
is amended to read:

22

2770.13.  

The board shall provide for the legal representation
23of any person making reports under this article to a committee or
24the board in any action for defamation directly resulting from those
25reports regarding a registered nurse’s participation in an
26intervention program.

27

SEC. 31.  

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

29

2835.5.  

On and after January 1, 2008, an applicant for initial
30qualification or certification as a nurse practitioner under this article
31who has not been qualified or certified as a nurse practitioner in
32California or any other state shall meet the following requirements:

33(a) Hold a valid and active registered nursing license issued
34under this chapter.

35(b) Possess a master’s degree in nursing, a master’s degree in
36a clinical field related to nursing, or a graduate degree in nursing.

37(c) Satisfactorily complete a nurse practitioner program
38approved by the board.

39

SEC. 32.  

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

P33   1

3057.  

(a) The board may issue a license to practice optometry
2to a person who meets all of the following requirements:

3(1) Has a degree as a doctor of optometry issued by an accredited
4school or college of optometry.

5(2) Has successfully passed the licensing examination for an
6optometric license in another state.

7(3) Submits proof that he or she is licensed in good standing as
8of the date of application in every state where he or she holds a
9license, including compliance with continuing education
10requirements.

11(4) Is not subject to disciplinary action as set forth in subdivision
12 (h) of Section 3110. If the person has been subject to disciplinary
13action, the board shall review that action to determine if it presents
14sufficient evidence of a violation of this chapter to warrant the
15submission of additional information from the person or the denial
16of the application for licensure.

17(5) Has furnished a signed release allowing the disclosure of
18information from the National Practitioner Database and, if
19applicable, the verification of registration status with the federal
20Drug Enforcement Administration. The board shall review this
21information to determine if it presents sufficient evidence of a
22violation of this chapter to warrant the submission of additional
23information from the person or the denial of the application for
24licensure.

25(6) Has never had his or her license to practice optometry
26revoked or suspended in any state where the person holds a license.

27(7) (A) Is not subject to denial of an application for licensure
28based on any of the grounds listed in Section 480.

29(B) Is not currently required to register as a sex offender
30pursuant to Section 290 of the Penal Code.

31(8) Has met the minimum continuing education requirements
32set forth in Section 3059 for the current and preceding year.

33(9) Has met the certification requirements of Section 3041.3 to
34use therapeutic pharmaceutical agents under subdivision (e) of
35Section 3041.

36(10) Submits any other information as specified by the board
37to the extent it is required for licensure by examination under this
38chapter.

P34   1(11) Files an application on a form prescribed by the board,
2with an acknowledgment by the person executed under penalty of
3perjury and automatic forfeiture of license, of the following:

4(A) That the information provided by the person to the board
5is true and correct, to the best of his or her knowledge and belief.

6(B) That the person has not been convicted of an offense
7involving conduct that would violate Section 810.

8(12) Pays an application fee in an amount equal to the
9application fee prescribed pursuant to subdivision (a) of Section
103152.

11(13) Has successfully passed the board’s jurisprudence
12examination.

13(b) If the board finds that the competency of a candidate for
14licensure pursuant to this section is in question, the board may
15require the passage of a written, practical, or clinical examination
16or completion of additional continuing education or coursework.

17(c) In cases where the person establishes, to the board’s
18satisfaction, that he or she has been displaced by a federally
19declared emergency and cannot relocate to his or her state of
20practice within a reasonable time without economic hardship, the
21board may reduce or waive the fees required by paragraph (12) of
22subdivision (a).

23(d) Any license issued pursuant to this section shall expire as
24provided in Section 3146, and may be renewed as provided in this
25chapter, subject to the same conditions as other licenses issued
26under this chapter.

27(e) The term “in good standing,” as used in this section, means
28that a person under this section:

29(1) Is not currently under investigation nor has been charged
30with an offense for any act substantially related to the practice of
31optometry by any public agency, nor entered into any consent
32agreement or subject to an administrative decision that contains
33conditions placed by an agency upon a person’s professional
34conduct or practice, including any voluntary surrender of license,
35nor been the subject of an adverse judgment resulting from the
36practice of optometry that the board determines constitutes
37evidence of a pattern of incompetence or negligence.

38(2) Has no physical or mental impairment related to drugs or
39alcohol, and has not been found mentally incompetent by a licensed
40psychologist or licensed psychiatrist so that the person is unable
P35   1to undertake the practice of optometry in a manner consistent with
2the safety of a patient or the public.

3

SEC. 33.  

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

5

3509.5.  

The board shall elect annually a president and a vice
6president from among its members.

7

SEC. 34.  

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

9

4836.2.  

(a) Applications for a veterinary assistant controlled
10substance permit shall be upon a form furnished by the board.

11(b) The fee for filing an application for a veterinary assistant
12controlled substance permit shall be set by the board in an amount
13the board determines is reasonably necessary to provide sufficient
14funds to carry out the purposes of this section, not to exceed one
15hundred dollars ($100).

16(c) The board may suspend or revoke the controlled substance
17permit of a veterinary assistant after notice and hearing for any
18cause provided in this subdivision. The proceedings under this
19section shall be conducted in accordance with the provisions for
20administrative adjudication in Chapter 5 (commencing with Section
2111500) of Part 1 of Division 3 of Title 2 of the Government Code,
22and the board shall have all the powers granted therein. The board
23may deny, revoke, or suspend a veterinary assistant controlled
24substance permit for any of the following reasons:

25(1) The employment of fraud, misrepresentation, or deception
26in obtaining a veterinary assistant controlled substance permit.

27(2) Chronic inebriety or habitual use of controlled substances.

28(3) The veterinary assistant to whom the permit is issued has
29been convicted of a state or federal felony controlled substance
30violation.

31(4) Violating or attempts to violate, directly or indirectly, or
32assisting in or abetting the violation of, or conspiring to violate,
33any provision of this chapter, or of the regulations adopted under
34this chapter.

35(d) The board shall not issue a veterinary assistant controlled
36substance permit to any applicant with a state or federal felony
37controlled substance conviction.

38(e) (1) As part of the application for a veterinary assistant
39controlled substance permit, the applicant shall submit to the
40Department of Justice fingerprint images and related information,
P36   1as required by the Department of Justice for all veterinary assistant
2applicants, for the purposes of obtaining information as to the
3existence and content of a record of state or federal convictions
4 and state or federal arrests and information as to the existence and
5content of a record of state or federal arrests for which the
6Department of Justice establishes that the person is free on bail or
7on his or her own recognizance pending trial or appeal.

8(2) When received, the Department of Justice shall forward to
9the Federal Bureau of Investigation requests for federal summary
10criminal history information that it receives pursuant to this section.
11The Department of Justice shall review any information returned
12to it from the Federal Bureau of Investigation and compile and
13disseminate a response to the board summarizing that information.

14(3) The Department of Justice shall provide a state or federal
15level response to the board pursuant to paragraph (1) of subdivision
16(p) of Section 11105 of the Penal Code.

17(4) The Department of Justice shall charge a reasonable fee
18sufficient to cover the cost of processing the request described in
19this subdivision.

20(f) The board shall request from the Department of Justice
21subsequent notification service, as provided pursuant to Section
2211105.2 of the Penal Code, for persons described in paragraph (1)
23of subdivision (e).

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

25

SEC. 35.  

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

27

4887.  

(a) A person whose license or registration has been
28revoked or who has been placed on probation may petition the
29board for reinstatement or modification of penalty including
30modification or termination of probation after a period of not less
31than one year has elapsed from the effective date of the decision
32ordering the disciplinary action. The petition shall state such facts
33as may be required by the board.

34(b) The petition shall be accompanied by at least two verified
35recommendations from veterinarians licensed by the board who
36have personal knowledge of the activities of the petitioner since
37the disciplinary penalty was imposed. The petition shall be heard
38by the board. The board may consider all activities of the petitioner
39since the disciplinary action was taken, the offense for which the
40petitioner was disciplined, the petitioner’s activities since the
P37   1license or registration was in good standing, and the petitioner’s
2rehabilitation efforts, general reputation for truth, and professional
3ability. The hearing may be continued from time to time as the
4board finds necessary.

5(c) The board reinstating the license or registration or modifying
6a penalty may impose terms and conditions as it determines
7necessary. To reinstate a revoked license or registration or to
8otherwise reduce a penalty or modify probation shall require a
9vote of five of the members of the board.

10(d) The petition shall not be considered while the petitioner is
11under sentence for any criminal offense, including any period
12during which the petitioner is on court-imposed probation or parole.
13The board may deny without a hearing or argument any petition
14filed pursuant to this section within a period of two years from the
15effective date of the prior decision following a hearing under this
16section.

17

SEC. 36.  

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

19

4938.  

The board shall issue a license to practice acupuncture
20to any person who makes an application and meets the following
21requirements:

22(a) Is at least 18 years of age.

23(b) Furnishes satisfactory evidence of completion of one of the
24following:

25(1) (A) An approved educational and training program.

26(B) If an applicant began his or her educational and training
27program at a school or college that submitted a letter of intent to
28pursue accreditation to, or attained candidacy status from, the
29Accreditation Commission for Acupuncture and Oriental Medicine,
30but the commission subsequently denied the school or college
31candidacy status or accreditation, respectively, the board may
32review and evaluate the educational training and clinical experience
33to determine whether to waive the requirements set forth in this
34subdivision with respect to that applicant.

35(2) Satisfactory completion of a tutorial program in the practice
36of an acupuncturist that is approved by the board.

37(3) In the case of an applicant who has completed education
38and training outside the United States, documented educational
39training and clinical experience that meets the standards established
40pursuant to Sections 4939 and 4941.

P38   1(c) Passes a written examination administered by the board that
2tests the applicant’s ability, competency, and knowledge in the
3practice of an acupuncturist. The written examination shall be
4 developed by the Office of Professional Examination Services of
5the Department of Consumer Affairs.

6(d) Is not subject to denial pursuant to Division 1.5 (commencing
7with Section 475).

8(e) Completes a clinical internship training program approved
9by the board. The clinical internship training program shall not
10exceed nine months in duration and shall be located in a clinic in
11this state that is an approved educational and training program.
12The length of the clinical internship shall depend upon the grades
13received in the examination and the clinical training already
14satisfactorily completed by the individual prior to taking the
15examination. On and after January 1, 1987, individuals with 800
16or more hours of documented clinical training shall be deemed to
17have met this requirement. The purpose of the clinical internship
18training program shall be to ensure a minimum level of clinical
19competence.

20Each applicant who qualifies for a license shall pay, as a
21condition precedent to its issuance and in addition to other fees
22required, the initial licensure fee.

23

SEC. 37.  

Section 4939 of the Business and Professions Code,
24as added by Section 9 of Chapter 397 of the Statutes of 2014, is
25amended to read:

26

4939.  

(a) The board shall establish standards for the approval
27of educational training and clinical experience received outside
28the United States.

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

30

SEC. 38.  

Section 4980.399 of the Business and Professions
31Code
is amended to read:

32

4980.399.  

(a) Except as provided in subdivision (a) of Section
334980.398, each applicant and registrant shall obtain a passing score
34on a board-administered California law and ethics examination in
35order to qualify for licensure.

36(b) A registrant shall participate in a board-administered
37California law and ethics examination prior to his or her registration
38renewal.

39(c) Notwithstanding subdivision (b), an applicant who holds a
40registration eligible for renewal, with an expiration date no later
P39   1than June 30, 2016, and who applies for renewal of that registration
2between January 1, 2016, and June 30, 2016, shall, if eligible, be
3 allowed to renew the registration without first participating in the
4California law and ethics examination. These applicants shall
5participate in the California law and ethics examination in the next
6renewal cycle, and shall pass the examination prior to licensure or
7issuance of a subsequent registration number, as specified in this
8section.

9(d) If an applicant fails the California law and ethics
10examination, he or she may retake the examination, upon payment
11of the required fees, without further application except as provided
12in subdivision (e).

13(e) If a registrant fails to obtain a passing score on the California
14law and ethics examination described in subdivision (a) within his
15or her renewal period on or after the operative date of this section,
16he or she shall complete, at a minimum, a 12-hour course in
17California law and ethics in order to be eligible to participate in
18the California law and ethics examination. Registrants shall only
19take the 12-hour California law and ethics course once during a
20renewal period. The 12-hour law and ethics course required by
21this section shall be taken through a continuing education provider
22as specified by the board by regulation, a county, state or
23governmental entity, or a college or university.

24(f) The board shall not issue a subsequent registration number
25unless the registrant has passed the California law and ethics
26examination.

27(g) Notwithstanding subdivision (f), an applicant who holds or
28has held a registration, with an expiration date no later than January
291, 2017, and who applies for a subsequent registration number
30between January 1, 2016, and January 1, 2017, shall, if eligible,
31be allowed to obtain the subsequent registration number without
32first passing the California law and ethics examination. These
33applicants shall pass the California law and ethics examination
34during the next renewal period or prior to licensure, whichever
35occurs first.

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

37

SEC. 39.  

Section 4980.43 of the Business and Professions
38Code
is amended to read:

39

4980.43.  

(a) begin deletePrior to applying for licensure examinations, end deletebegin insertTo
40qualify for licensure as specified in Section 4980.40, end insert
each applicant
P40   1shall complete experiencebegin delete thatend deletebegin insert related to the practice of marriage
2and family therapy under a supervisor who meets the qualifications
3set forth in Section 4980.03. The experienceend insert
shall comply with the
4following:

5(1) A minimum of 3,000 hoursbegin insert of supervised experienceend insert
6 completed during a period of at least 104 weeks.

7(2) begin deleteNot more than end deletebegin insertA maximum of end insert40 hours in any seven
8consecutive days.

9(3) begin deleteNot less than 1,700 hours of supervised experience
10completed subsequent to the granting of the end delete
begin insertA minimum of 1,700
11hours obtained after the end insert
qualifying master’s or doctoralbegin delete degree.end delete
12begin insert degree was awarded.end insert

13(4) begin deleteNot more than end deletebegin insertA maximum of end insert1,300 hoursbegin delete of supervised
14experienceend delete
obtained prior tobegin delete completing aend deletebegin insert the award date of the
15qualifyingend insert
master’s or doctoral degree.

begin delete

16 The applicant shall not be credited with more than

end delete

17begin insert(5)end insertbegin insertend insertbegin insertA maximum ofend insert 750 hours of counseling and direct supervisor
18contact prior tobegin delete completingend delete thebegin insert award date of the qualifyingend insert
19 master’s or doctoral degree.

begin delete

15 20(5)

end delete

21begin insert(6)end insert No hours of experience may be gained prior to completing
22either 12 semester units or 18 quarter units of graduatebegin delete instruction
23and becoming a trainee except for personal psychotherapy.end delete

24begin insert instruction.end insert

begin delete

18 25(6)

end delete

26begin insert(7)end insert No hours of experience may be gained more than six years
27prior to the date the application for examination eligibility was
28filed, except that up to 500 hours of clinical experience gained in
29the supervised practicum required by subdivision (c) of Section
304980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
31of Section 4980.36 shall be exempt from this six-year requirement.

begin delete

32(7) Not more than a combined total of 1,000 hours of experience
33in the following:

34(A) Direct supervisor contact.

35(B) Professional enrichment activities. For purposes of this
36chapter, “professional enrichment activities” include the following:

37(i) Workshops, seminars, training sessions, or conferences
38directly related to marriage and family therapy attended by the
39applicant that are approved by the applicant’s supervisor. An
P41   1applicant shall have no more than 250 hours of verified attendance
2at these workshops, seminars, training sessions, or conferences.

3(ii) Participation by the applicant in personal psychotherapy,
4which includes group, marital or conjoint, family, or individual
5psychotherapy by an appropriately licensed professional. An
6applicant shall have no more than 100 hours of participation in
7personal psychotherapy. The applicant shall be credited with three
8hours of experience for each hour of personal psychotherapy.

9(8) Not more than 500 hours of experience providing group
10therapy or group counseling.

11(9) For all hours gained on or after January 1, 2012, not more
12than 500 hours of experience in the following:

13(A) Experience administering and evaluating psychological
14tests, writing clinical reports, writing progress notes, or writing
15process notes.

16(B) Client centered advocacy.

17(10) Not less than 500 total hours of experience in diagnosing
18and treating couples, families, and children. For up to 150 hours
19of treating couples and families in conjoint therapy, the applicant
20shall be credited with two hours of experience for each hour of
21therapy provided.

22(11) Not more than 375 hours of experience providing personal
23psychotherapy, crisis counseling, or other counseling services via
24telehealth in accordance with Section 2290.5.

end delete
begin insert

25(8) A minimum of 1,750 hours of direct counseling with
26individuals, groups, couples, or families, that includes not less
27than 500 total hours of experience in diagnosing and treating
28couples, families, and children.

end insert
begin insert

29(9) A maximum of 1,250 hours of nonclinical practice, consisting
30of direct supervisor contact, administering and evaluating
31psychological tests, writing clinical reports, writing progress or
32process notes, client centered advocacy, and workshops, seminars,
33training sessions, or conferences directly related to marriage and
34family therapy that have been approved by the applicant’s
35supervisor.

end insert
begin delete

17 36(12)

end delete

37begin insert(10)end insert It is anticipated and encouraged that hours of experience
38will include working with elders and dependent adults who have
39physical or mental limitations that restrict their ability to carry out
40normal activities or protect their rights.

P42   1This subdivision shall only apply to hours gained on and after
2January 1, 2010.

begin insert

3(b) An individual who submits an application for examination
4eligibility between January 1, 2016, and December 31, 2020, may
5alternatively qualify under the experience requirements that were
6in place on January 1, 2015.

end insert
begin delete

23 7(b)

end delete

8begin insert(c)end insert All applicants, trainees, and registrants shall be at all times
9under the supervision of a supervisor who shall be responsible for
10ensuring that the extent, kind, and quality of counseling performed
11is consistent with the training and experience of the person being
12supervised, and who shall be responsible to the board for
13compliance with all laws, rules, and regulations governing the
14practice of marriage and family therapy. Supervised experience
15shall be gained bybegin delete interns and traineesend deletebegin insert an intern or traineeend insert only
16as an employee or as a volunteer. The requirements of this chapter
17regarding gaining hours of experience and supervision are
18applicable equally to employees and volunteers. Experience shall
19not be gained bybegin delete internsend deletebegin insert an internend insert orbegin delete traineesend deletebegin insert traineeend insert as an
20independent contractor.

21(1) If employed, an intern shall provide the board with copies
22of the corresponding W-2 tax forms for each year of experience
23claimed upon application for licensure.

24(2) If volunteering, an intern shall provide the board with a letter
25from his or her employer verifying the intern’s employment as a
26volunteer upon application for licensure.

begin delete

P41 1 27(c)

end delete

28begin insert(d)end insert Except for experience gainedbegin delete pursuant to subparagraph (B)
29of paragraph (7)end delete
begin insert by attending workshops, seminars, training
30sessions, or conferences as described in paragraph (9)end insert
of
31subdivision (a), supervision shall include at least one hour of direct
32supervisor contact in each week for which experience is credited
33in each work setting, as specified:

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

38(2) An individual supervised after being granted a qualifying
39degree shall receive at least one additional hour of direct supervisor
40contact for every week in which more than 10 hours of client
P43   1contact is gained in each setting. No more than six hours of
2supervision, whether individual or group, shall be credited during
3 any single week.

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

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

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

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

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

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

begin delete

35 24(d)

end delete

25begin insert(e)end insert (1) A trainee may be credited with supervised experience
26completed in any setting that meets all of the following:

27(A) Lawfully and regularly provides mental health counseling
28or psychotherapy.

29(B) Provides oversight to ensure that the trainee’s work at the
30setting meets the experience and supervision requirements set forth
31in this chapter and is within the scope of practice for the profession
32as defined in Section 4980.02.

33(C) Is not a private practice owned by a licensed marriage and
34family therapist, a licensed professional clinical counselor, a
35licensed psychologist, a licensed clinical social worker, a licensed
36physician and surgeon, or a professional corporation of any of
37those licensed professions.

38(2) Experience may be gained by the trainee solely as part of
39the position for which the trainee volunteers or is employed.

begin delete

10 40(e)

end delete

P44   1begin insert(f)end insert (1) An intern may be credited with supervised experience
2completed in any setting that meets both of the following:

3(A) Lawfully and regularly provides mental health counseling
4or psychotherapy.

5(B) Provides oversight to ensure that the intern’s work at the
6setting meets the experience and supervision requirements set forth
7in this chapter and is within the scope of practice for the profession
8as defined in Section 4980.02.

9(2) An applicant shall not be employed or volunteer in a private
10practice, as defined in subparagraph (C) of paragraph (1) of
11subdivisionbegin delete (d),end deletebegin insert (e),end insert until registered as an intern.

12(3) While an intern may be either a paid employee or a
13volunteer, employers are encouraged to provide fair remuneration
14to interns.

15(4) Except for periods of time during a supervisor’s vacation or
16sick leave, an intern who is employed or volunteering in private
17practice shall be under the direct supervision of a licensee that has
18satisfied subdivision (g) of Section 4980.03. The supervising
19licensee shall either be employed by and practice at the same site
20as the intern’s employer, or shall be an owner or shareholder of
21the private practice. Alternative supervision may be arranged during
22a supervisor’s vacation or sick leave if the supervision meets the
23requirements of this section.

24(5) Experience may be gained by the intern solely as part of the
25position for which the intern volunteers or is employed.

begin delete

35 26(f)

end delete

27begin insert(g)end insert Except as provided in subdivisionbegin delete (g),end deletebegin insert (h),end insert all persons shall
28register with the board as an intern to be credited for postdegree
29hours of supervised experience gained toward licensure.

begin delete

38 30(g)

end delete

31begin insert(h)end insert Postdegree hours of experience shall be credited toward
32licensure so long as the applicant applies for the intern registration
33within 90 days of the granting of the qualifying master’s or doctoral
34degree and is thereafter granted the intern registration by the board.
35An applicant shall not be employed or volunteer in a private
36practice until registered as an intern by the board.

begin delete

4 37(h)

end delete

38begin insert(i)end insert Trainees, interns, and applicants shall not receive any
39remuneration from patients or clients, and shall only be paid by
40their employers.

begin delete

7 P45   1(i)

end delete

2begin insert(j)end insert Trainees, interns, and applicants shall only perform services
3at the place where their employers regularly conduct business,
4which may include performing services at other locations, so long
5as the services are performed under the direction and control of
6their employer and supervisor, and in compliance with the laws
7and regulations pertaining to supervision.begin insert For purposes of
8paragraph (3) of subdivision (a) of Section 2290.5, interns and
9trainees working under licensed supervision, consistent with
10subdivision (c), may provide services via telehealth within the
11scope authorized by this chapter and in accordance with any
12regulations governing the use of telehealth promulgated by the
13board.end insert
Trainees and interns shall have no proprietary interest in
14their employers’ businesses and shall not lease or rent space, pay
15for furnishings, equipment, or supplies, or in any other way pay
16for the obligations of their employers.

begin delete

17 17(j)

end delete

18begin insert(k)end insert Trainees, interns, or applicants who provide volunteered
19services or other services, and who receive no more than a total,
20from all work settings, of five hundred dollars ($500) per month
21as reimbursement for expenses actually incurred by those trainees,
22interns, or applicants for services rendered in any lawful work
23setting other than a private practice shall be consideredbegin delete an
24employeeend delete
begin insert employeesend insert and notbegin delete an independent contractor.end delete
25begin insert independent contractors.end insert The board may audit applicants who
26receive reimbursement for expenses, and the applicants shall have
27the burden of demonstrating that the payments received were for
28reimbursement of expenses actually incurred.

begin delete

27 29(k)

end delete

30begin insert(l)end insert Each educational institution preparing applicants for licensure
31pursuant to this chapter shall consider requiring, and shall
32encourage, its students to undergo individual, marital or conjoint,
33family, or group counseling or psychotherapy, as appropriate. Each
34supervisor shall consider, advise, and encourage his or her interns
35and trainees regarding the advisability of undertaking individual,
36marital or conjoint, family, or group counseling or psychotherapy,
37as appropriate. Insofar as it is deemed appropriate and is desired
38by the applicant, the educational institution and supervisors are
39encouraged to assist the applicant in locating that counseling or
40psychotherapy at a reasonable cost.

P46   1

SEC. 40.  

Section 4980.54 of the Business and Professions
2Code
is amended to read:

3

4980.54.  

(a) The Legislature recognizes that the education and
4experience requirements in this chapter constitute only minimal
5requirements to ensure that an applicant is prepared and qualified
6to take the licensure examinations as specified in subdivision (d)
7of Section 4980.40 and, if he or she passes those examinations, to
8begin practice.

9(b) In order to continuously improve the competence of licensed
10marriage and family therapists and as a model for all
11psychotherapeutic professions, the Legislature encourages all
12licensees to regularly engage in continuing education related to
13the profession or scope of practice as defined in this chapter.

14(c) Except as provided in subdivision (e), the board shall not
15 renew any license pursuant to this chapter unless the applicant
16certifies to the board, on a form prescribed by the board, that he
17or she has completed not less than 36 hours of approved continuing
18education in or relevant to the field of marriage and family therapy
19in the preceding two years, as determined by the board.

20(d) The board shall have the right to audit the records of any
21applicant to verify the completion of the continuing education
22requirement. Applicants shall maintain records of completion of
23required continuing education coursework for a minimum of two
24years and shall make these records available to the board for
25auditing purposes upon request.

26(e) The board may establish exceptions from the continuing
27education requirements of this section for good cause, as defined
28by the board.

29(f) The continuing education shall be obtained from one of the
30following sources:

31(1) An accredited school or state-approved school that meets
32the requirements set forth in Section 4980.36 or 4980.37. Nothing
33in this paragraph shall be construed as requiring coursework to be
34offered as part of a regular degree program.

35(2) Other continuing education providers, as specified by the
36board by regulation.

37(g) The board shall establish, by regulation, a procedure for
38identifying acceptable providers of continuing education courses,
39and all providers of continuing education, as described in
40paragraphs (1) and (2) of subdivision (f), shall adhere to procedures
P47   1established by the board. The board may revoke or deny the right
2of a provider to offer continuing education coursework pursuant
3to this section for failure to comply with this section or any
4regulation adopted pursuant to this section.

5(h) Training, education, and coursework by approved providers
6shall incorporate one or more of the following:

7(1) Aspects of the discipline that are fundamental to the
8understanding or the practice of marriage and family therapy.

9(2) Aspects of the discipline of marriage and family therapy in
10which significant recent developments have occurred.

11(3) Aspects of other disciplines that enhance the understanding
12or the practice of marriage and family therapy.

13(i) A system of continuing education for licensed marriage and
14family therapists shall include courses directly related to the
15diagnosis, assessment, and treatment of the client population being
16served.

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

25(k) 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

SEC. 41.  

Section 4984.01 of the Business and Professions
30Code
, as amended by Section 31 of Chapter 473 of the Statutes of
312013, is amended to read:

32

4984.01.  

(a) The marriage and family therapist intern
33registration shall expire one year from the last day of the month
34in which it was issued.

35(b) To renew the registration, the registrant shall, on or before
36the expiration date of the registration, complete all of the following
37actions:

38(1) Apply for renewal on a form prescribed by the board.

39(2) Pay a renewal fee prescribed by the board.

P48   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.

22

SEC. 42.  

Section 4989.34 of the Business and Professions
23Code
is amended to read:

24

4989.34.  

(a) To renew his or her license, a licensee shall certify
25to the board, on a form prescribed by the board, completion in the
26preceding two years of not less than 36 hours of approved
27continuing education in, or relevant to, educational psychology.

28(b) (1) The continuing education shall be obtained from either
29an accredited university or a continuing education provider as
30specified by the board by regulation.

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

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

P49   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.

25

SEC. 43.  

Section 4992.09 of the Business and Professions
26Code
is amended to read:

27

4992.09.  

(a) Except as provided in subdivision (a) of Section
284992.07, an applicant and registrant shall obtain a passing score
29on a board-administered California law and ethics examination in
30order to qualify for licensure.

31(b) A registrant shall participate in a board-administered
32California law and ethics examination prior to his or her registration
33renewal.

34(c) Notwithstanding subdivision (b), an applicant who holds a
35registration eligible for renewal, with an expiration date no later
36than June 30, 2016, and who applies for renewal of that registration
37between January 1, 2016, and June 30, 2016, shall, if eligible, be
38allowed to renew the registration without first participating in the
39California law and ethics examination. These applicants shall
40participate in the California law and ethics examination in the next
P50   1renewal cycle, and shall pass the examination prior to licensure or
2issuance of a subsequent registration number, as specified in this
3section.

4(d) If an applicant fails the California law and ethics
5examination, he or she may retake the examination, upon payment
6of the required fees, without further application except for as
7provided in subdivision (e).

8(e) If a registrant fails to obtain a passing score on the California
9law and ethics examination described in subdivision (a) within his
10or her renewal period on or after the operative date of this section,
11he or she shall complete, at a minimum, a 12-hour course in
12California law and ethics in order to be eligible to participate in
13the California law and ethics examination. Registrants shall only
14take the 12-hour California law and ethics course once during a
15renewal period. The 12-hour law and ethics course required by
16this section shall be taken through a continuing education provider,
17as specified by the board by regulation, a county, state or
18governmental entity, or a college or university.

19(f) The board shall not issue a subsequent registration number
20unless the registrant has passed the California law and ethics
21examination.

22(g) Notwithstanding subdivision (f), an applicant who holds or
23has held a registration, with an expiration date no later than January
241, 2017, and who applies for a subsequent registration number
25between January 1, 2016, and January 1, 2017, shall, if eligible,
26be allowed to obtain the subsequent registration number without
27first passing the California law and ethics examination. These
28applicants shall pass the California law and ethics examination
29during the next renewal period or prior to licensure, whichever
30occurs first.

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

32

SEC. 44.  

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

34

4996.2.  

Each applicant for a license shall furnish evidence
35satisfactory to the board that he or she complies with all of the
36following requirements:

37(a) Is at least 21 years of age.

38(b) Has received a master’s degree from an accredited school
39of social work.

P51   1(c) Has had two years of supervised post-master’s degree
2experience, as specified in Section 4996.23.

3(d) Has not committed any crimes or acts constituting grounds
4for denial of licensure under Section 480. The board shall not issue
5a registration or license to any person who has been convicted of
6any crime in this or another state or in a territory of the United
7States that involves sexual abuse of children or who is required to
8register pursuant to Section 290 of the Penal Code or the equivalent
9in another state or territory.

10(e) Has completed adequate instruction and training in the
11subject of alcoholism and other chemical substance dependency.
12This requirement applies only to applicants who matriculate on or
13after January 1, 1986.

14(f) Has completed instruction and training in spousal or partner
15abuse assessment, detection, and intervention. This requirement
16applies to an applicant who began graduate training during the
17period commencing on January 1, 1995, and ending on December
1831, 2003. An applicant who began graduate training on or after
19January 1, 2004, shall complete a minimum of 15 contact hours
20of coursework in spousal or partner abuse assessment, detection,
21and intervention strategies, including knowledge of community
22resources, cultural factors, and same gender abuse dynamics.
23Coursework required under this subdivision may be satisfactory
24if taken either in fulfillment of other educational requirements for
25licensure or in a separate course.

26(g) Has completed a minimum of 10 contact hours of training
27or coursework in human sexuality as specified in Section 1807 of
28Title 16 of the California Code of Regulations. This training or
29coursework may be satisfactory if taken either in fulfillment of
30other educational requirements for licensure or in a separate course.

31(h) Has completed a minimum of seven contact hours of training
32or coursework in child abuse assessment and reporting as specified
33in Section 1807.2 of Title 16 of the California Code of Regulations.
34This training or coursework may be satisfactory if taken either in
35fulfillment of other educational requirements for licensure or in a
36separate course.

37

SEC. 45.  

Section 4996.22 of the Business and Professions
38Code
is amended to read:

39

4996.22.  

(a) (1) Except as provided in subdivision (c), the
40board shall not renew any license pursuant to this chapter unless
P52   1the applicant certifies to the board, on a form prescribed by the
2board, that he or she has completed not less than 36 hours of
3approved continuing education in or relevant to the field of social
4work in the preceding two years, as determined by the board.

5(2) The board shall not renew any license of an applicant who
6began graduate study prior to January 1, 2004, pursuant to this
7chapter unless the applicant certifies to the board that during the
8applicant’s first renewal period after the operative date of this
9section, he or she completed a continuing education course in
10spousal or partner abuse assessment, detection, and intervention
11strategies, including community resources, cultural factors, and
12same gender abuse dynamics. On and after January 1, 2005, the
13course shall consist of not less than seven hours of training.
14Equivalent courses in spousal or partner abuse assessment,
15detection, and intervention strategies taken prior to the operative
16date of this section or proof of equivalent teaching or practice
17experience may be submitted to the board and at its discretion,
18may be accepted in satisfaction of this requirement. Continuing
19education courses taken pursuant to this paragraph shall be applied
20to the 36 hours of approved continuing education required under
21paragraph (1).

22(b) The board shall have the right to audit the records of any
23applicant to verify the completion of the continuing education
24requirement. Applicants shall maintain records of completion of
25required continuing education coursework for a minimum of two
26years and shall make these records available to the board for
27auditing purposes upon request.

28(c) The board may establish exceptions from the continuing
29education requirement of this section for good cause as defined
30by the board.

31(d) The continuing education shall be obtained from one of the
32following sources:

33(1) An accredited school of social work, as defined in Section
344991.2, or a school or department of social work that is a candidate
35for accreditation by the Commission on Accreditation of the
36Council on Social Work Education. Nothing in this paragraph shall
37be construed as requiring coursework to be offered as part of a
38regular degree program.

39(2) Other continuing education providers, as specified by the
40board by regulation.

P53   1(e) The board shall establish, by regulation, a procedure for
2identifying acceptable providers of continuing education courses,
3and all providers of continuing education, as described in
4paragraphs (1) and (2) of subdivision (d), shall adhere to the
5procedures established by the board. The board may revoke or
6deny the right of a provider to offer continuing education
7coursework pursuant to this section for failure to comply with this
8section or any regulation adopted pursuant to this section.

9(f) Training, education, and coursework by approved providers
10shall incorporate one or more of the following:

11(1) Aspects of the discipline that are fundamental to the
12understanding, or the practice, of social work.

13(2) Aspects of the social work discipline in which significant
14recent developments have occurred.

15(3) Aspects of other related disciplines that enhance the
16understanding, or the practice, of social work.

17(g) A system of continuing education for licensed clinical social
18workers shall include courses directly related to the diagnosis,
19assessment, and treatment of the client population being served.

20(h) The continuing education requirements of this section shall
21comply fully with the guidelines for mandatory continuing
22education established by the Department of Consumer Affairs
23pursuant to Section 166.

24(i) The board may adopt regulations as necessary to implement
25this section.

26(j) The board shall, by regulation, fund the administration of
27 this section through continuing education provider fees to be
28deposited in the Behavioral Sciences Fund. The fees related to the
29administration of this section shall be sufficient to meet, but shall
30not exceed, the costs of administering the corresponding provisions
31of this section. For purposes of this subdivision, a provider of
32continuing education as described in paragraph (1) of subdivision
33(d) shall be deemed to be an approved provider.

34

SEC. 46.  

Section 4996.28 of the Business and Professions
35Code
is amended to read:

36

4996.28.  

(a) Registration as an associate clinical social worker
37shall expire one year from the last day of the month during which
38it was issued. To renew a registration, the registrant shall, on or
39before the expiration date of the registration, complete all of the
40following actions:

P54   1(1) Apply for renewal on a form prescribed by the board.

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

3(3) Notify the board whether he or she has been convicted, as
4defined in Section 490, of a misdemeanor or felony, and whether
5any disciplinary action has been taken by a regulatory or licensing
6board in this or any other state, subsequent to the last renewal of
7 the registration.

8(4) On and after January 1, 2016, obtain a passing score on the
9California law and ethics examination pursuant to Section 4992.09.

10(b) A registration as an associate clinical social worker may be
11renewed a maximum of five times. When no further renewals are
12possible, an applicant may apply for and obtain a subsequent
13associate clinical social worker registration number if the applicant
14meets all requirements for registration in effect at the time of his
15or her application for a subsequent associate clinical social worker
16registration number. An applicant issued a subsequent associate
17registration number pursuant to this subdivision shall not be
18employed or volunteer in a private practice.

19

SEC. 47.  

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

21

4999.1.  

Application for registration as a telephone medical
22advice service shall be made on a form prescribed by the
23department, accompanied by the fee prescribed pursuant to Section
244999.5. The department shall make application forms available.
25Applications shall contain all of the following:

26(a) The signature of the individual owner of the telephone
27medical advice service, or of all of the partners if the service is a
28partnership, or of the president or secretary if the service is a
29corporation. The signature shall be accompanied by a resolution
30or other written communication identifying the individual whose
31signature is on the form as owner, partner, president, or secretary.

32(b) The name under which the person applying for the telephone
33medical advice service proposes to do business.

34(c) The physical address, mailing address, and telephone number
35of the business entity.

36(d) The designation, including the name and physical address,
37of an agent for service of process in California.

38(e) A list of all health care professionals providing medical
39advice services that are required to be licensed, registered, or
40certified pursuant to this chapter. This list shall be submitted to
P55   1the department on a form to be prescribed by the department and
2shall include, but not be limited to, the name, state of licensure,
3type of license, and license number.

4(f) The department shall be notified within 30 days of any
5change of name, physical location, mailing address, or telephone
6number of any business, owner, partner, corporate officer, or agent
7for service of process in California, together with copies of all
8resolutions or other written communications that substantiate these
9changes.

10

SEC. 48.  

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

12

4999.2.  

(a) In order to obtain and maintain a registration, a
13telephone medical advice service shall comply with the
14requirements established by the department. Those requirements
15shall include, but shall not be limited to, all of the following:

16(1) (A) Ensuring that all health care professionals who provide
17medical advice services are appropriately licensed, certified, or
18registered as a physician and surgeon pursuant to Chapter 5
19(commencing with Section 2000) or the Osteopathic Initiative Act,
20as a dentist, dental hygienist, dental hygienist in alternative
21practice, or dental hygienist in extended functions pursuant to
22Chapter 4 (commencing with Section 1600), as an occupational
23therapist pursuant to Chapter 5.6 (commencing with Section 2570),
24as a registered nurse pursuant to Chapter 6 (commencing with
25Section 2700), as a psychologist pursuant to Chapter 6.6
26(commencing with Section 2900), as a naturopathic doctor pursuant
27to Chapter 8.2 (commencing with Section 3610), as a marriage
28and family therapist pursuant to Chapter 13 (commencing with
29Section 4980), as a licensed clinical social worker pursuant to
30Chapter 14 (commencing with Section 4991), as a licensed
31professional clinical counselor pursuant to Chapter 16
32(commencing with Section 4999.10), as an optometrist pursuant
33to Chapter 7 (commencing with Section 3000), or as a chiropractor
34pursuant to the Chiropractic Initiative Act, and operating consistent
35with the laws governing their respective scopes of practice in the
36state within which they provide telephone medical advice services,
37except as provided in paragraph (2).

38(B) Ensuring that all health care professionals who provide
39telephone medical advice services from an out-of-state location,
40as identified in subparagraph (A), are licensed, registered, or
P56   1certified in the state within which they are providing the telephone
2medical advice services and are operating consistent with the laws
3governing their respective scopes of practice.

4(2) Ensuring that the telephone medical advice provided is
5consistent with good professional practice.

6(3) Maintaining records of telephone medical advice services,
7including records of complaints, provided to patients in California
8for a period of at least five years.

9(4) Ensuring that no staff member uses a title or designation
10when speaking to an enrollee, subscriber, or consumer that may
11cause a reasonable person to believe that the staff member is a
12licensed, certified, or registered health care professional described
13in subparagraph (A) of paragraph (1), unless the staff member is
14a licensed, certified, or registered professional.

15(5) Complying with all directions and requests for information
16made by the department.

17(6) Notifying the department within 30 days of any change of
18name, physical location, mailing address, or telephone number of
19any business, owner, partner, corporate officer, or agent for service
20of process in California, together with copies of all resolutions or
21other written communications that substantiate these changes.

22(7) Submitting quarterly reports, on a form prescribed by the
23department, to the department within 30 days of the end of each
24calendar quarter.

25(b) To the extent permitted by Article VII of the California
26Constitution, the department may contract with a private nonprofit
27accrediting agency to evaluate the qualifications of applicants for
28registration pursuant to this chapter and to make recommendations
29to the department.

30

SEC. 49.  

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

32

4999.3.  

(a) The department may suspend, revoke, or otherwise
33discipline a registrant or deny an application for registration as a
34telephone medical advice service based on any of the following:

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

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

P57   1(3) The commission of any act, or being convicted of a crime,
2that constitutes grounds for denial or revocation of licensure
3pursuant to any provision of this division.

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

8(c) Copies of any complaint against a telephone medical advice
9service shall be forwarded to the Department of Managed Health
10Care.

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

15

SEC. 50.  

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

17

4999.4.  

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

20(b) To renew an unexpired registration, the registrant shall,
21before the time at which the registration would otherwise expire,
22pay the renewal fee authorized by Section 4999.5.

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

31

SEC. 51.  

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

33

4999.5.  

The department may set fees for registration and
34 renewal as a telephone medical advice service sufficient to pay
35the costs of administration of this chapter.

36

SEC. 52.  

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

38

4999.7.  

(a) This section does not limit, preclude, or otherwise
39interfere with the practices of other persons licensed or otherwise
40authorized to practice, under any other provision of this division,
P58   1telephone medical advice services consistent with the laws
2governing their respective scopes of practice, or licensed under
3the Osteopathic Initiative Act or the Chiropractic Initiative Act
4and operating consistent with the laws governing their respective
5scopes of practice.

6(b) For purposes of this chapter, “telephone medical advice”
7means a telephonic communication between a patient and a health
8care professional in which the health care professional’s primary
9function is to provide to the patient a telephonic response to the
10 patient’s questions regarding his or her or a family member’s
11medical care or treatment. “Telephone medical advice” includes
12assessment, evaluation, or advice provided to patients or their
13family members.

14(c) For purposes of this chapter, “health care professional” is
15an employee or independent contractor described in Section 4999.2
16who provides medical advice services and is appropriately licensed,
17certified, or registered as a dentist, dental hygienist, dental hygienist
18in alternative practice, or dental hygienist in extended functions
19pursuant to Chapter 4 (commencing with Section 1600), as a
20physician and surgeon pursuant to Chapter 5 (commencing with
21Section 2000) or the Osteopathic Initiative Act, as a registered
22nurse pursuant to Chapter 6 (commencing with Section 2700), as
23a psychologist pursuant to Chapter 6.6 (commencing with Section
242900), as a naturopathic doctor pursuant to Chapter 8.2
25(commencing with Section 3610), as an optometrist pursuant to
26Chapter 7 (commencing with Section 3000), as a marriage and
27family therapist pursuant to Chapter 13 (commencing with Section
284980), as a licensed clinical social worker pursuant to Chapter 14
29(commencing with Section 4991), as a licensed professional clinical
30counselor pursuant to Chapter 16 (commencing with Section
314999.10), or as a chiropractor pursuant to the Chiropractic Initiative
32Act, and who is operating consistent with the laws governing his
33or her respective scopes of practice in the state in which he or she
34provides telephone medical advice services.

35

SEC. 53.  

Section 4999.45 of the Business and Professions
36Code
, as amended by Section 54 of Chapter 473 of the Statutes of
372013, is amended to read:

38

4999.45.  

(a) An intern employed under this chapter shall:

39(1) Not perform any duties, except for those services provided
40as a clinical counselor trainee, until registered as an intern.

P59   1(2) Not be employed or volunteer in a private practice until
2registered as an intern.

3(3) Inform each client prior to performing any professional
4services that he or she is unlicensed and under supervision.

5(4) Renew annually for a maximum of five years after initial
6registration with the board.

7(b) When no further renewals are possible, an applicant may
8apply for and obtain a subsequent intern registration number if the
9applicant meets the educational requirements for registration in
10effect at the time of the application for a subsequent intern
11registration number and has passed the California law and ethics
12examination described in Section 4999.53. An applicant issued a
13subsequent intern registration number pursuant to this subdivision
14shall not be employed or volunteer in a private practice.

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

16

SEC. 54.  

Section 4999.46 of the Business and Professions
17Code
, as amended by Section 3 of Chapter 435 of the Statutes of
182014, is amended to read:

19

4999.46.  

(a) To qualify forbegin delete theend delete licensurebegin delete examination specified
20by paragraph (2) of subdivision (a) of Section 4999.53,end delete
begin insert as specified
21in Section 4999.50,end insert
applicants shall completebegin delete clinical mental health
22experience under the general supervision of an approved supervisor
23as defined in Section 4999.12.end delete
begin insert experience related to the practice
24of professional clinical counseling under an approved supervisor.
25The experience shall comply with the following:end insert

begin delete

P58 1 26(b) The experience shall include a

end delete

27begin insert(1)end insertbegin insertend insertbegin insertAend insert minimum of 3,000 postdegree hours of supervisedbegin delete clinical
28mental health experience related to the practice of professional
29clinical counseling,end delete
begin insert experienceend insert performed over a period of not less
30than two yearsbegin delete (104 weeks), which shall include:end deletebegin insert (104 weeks).end insert

begin delete

5 31(1)

end delete

32begin insert(2)end insert Not more than 40 hours in any seven consecutive days.

begin delete

6 33(2)

end delete

34begin insert(3)end insert Not less than 1,750 hours of direct counseling with
35 individuals, groups, couples, or families in a setting described in
36Section 4999.44 using a variety of psychotherapeutic techniques
37and recognized counseling interventions within the scope of
38practice of licensed professional clinical counselors.

begin delete

39(3) Not more than 500 hours of experience providing group
40therapy or group counseling.

end delete
begin delete

P60   1(4) Not more than 375 hours of experience providing personal
2psychotherapy, crisis counseling, or other counseling services via
3telehealth in accordance with Section 2290.5.

end delete
begin delete

16 4(5)

end delete

5begin insert(4)end insert Not less than 150 hours of clinical experience in a hospital
6or community mental health setting, as defined in Section 1820 of
7Title 16 of the California Code of Regulations.

begin delete

8(6) Not more than a combined total of 1,250 hours of experience
9in the following related activities:

end delete
begin delete

10(A) Direct supervisor contact.

end delete
begin delete

11(B) Client centered advocacy.

end delete
begin delete

12(C) Not more than 250 hours of experience administering tests
13and evaluating psychological tests of clients, writing clinical
14reports, writing progress notes, or writing process notes.

end delete
begin delete end deletebegin delete

26 15(D) Not more than 250 hours of verified attendance at

end delete

16begin insert(5end insertbegin insert)end insertbegin insertend insertbegin insertA maximum of 1,250 hours of nonclinical practice, consisting
17of direct supervisor contact, administering and evaluating
18psychological tests, writing clinical reports, writing progress or
19process notes, client centered advocacy, andend insert
workshops, seminars,
20training sessions, or conferences directly related to professional
21clinical counseling thatbegin delete areend deletebegin insert have beenend insert approved by the applicant’s
22supervisor.

begin insert

23(b) An individual who submits an application for examination
24eligibility between January 1, 2016, and December 31, 2020, may
25alternatively qualify under the experience requirements that were
26in place on January 1, 2015.

end insert

27(c) No hours of clinical mental health experience may be gained
28more than six years prior to the date the application for examination
29eligibility was filed.

30(d) An applicant shall register with the board as an intern in
31order to be credited for postdegree hours of experience toward
32licensure. Postdegree hours of experience shall be credited toward
33licensure, provided that the applicant applies for intern registration
34within 90 days of the granting of the qualifying degree and is
35thereafter granted the intern registration by the board. An applicant
36shall not be employed or volunteer in a private practice until
37registered as an intern by the board.

38(e) All applicants and interns shall be at all times under the
39supervision of a supervisor who shall be responsible for ensuring
40that the extent, kind, and quality of counseling performed is
P61   1consistent with the training and experience of the person being
2supervised, and who shall be responsible to the board for
3compliance with all laws, rules, and regulations governing the
4practice of professional clinical counseling.

5(f) Experience obtained under the supervision of a spouse or
6relative by blood or marriage shall not be credited toward the
7required hours of supervised experience. Experience obtained
8under the supervision of a supervisor with whom the applicant has
9had or currently has a personal, professional, or business
10relationship that undermines the authority or effectiveness of the
11supervision shall not be credited toward the required hours of
12supervised experience.

13(g) Except for experience gainedbegin delete pursuant to subparagraph (D)
14of paragraph (6) of subdivision (b),end delete
begin insert by attending workshops,
15seminars, training sessions, or conferences as described in
16paragraph (5) of subdivision (a),end insert
supervision shall include at least
17one hour of direct supervisor contact in each week for which
18experience is credited in each work setting.

19(1) No more than six hours of supervision, whether individual
20or group, shall be credited during any single week. This paragraph
21 shall apply to supervision hours gained on or after January 1, 2009.

22(2) An intern shall receive at least one additional hour of direct
23supervisor contact for every week in which more than 10 hours of
24face-to-face psychotherapy is performed in each setting in which
25experience is gained.

26(3) For purposes of this section, “one hour of direct supervisor
27contact” means one hour of face-to-face contact on an individual
28basis or two hours of face-to-face contact in a group of not more
29than eight persons in segments lasting no less than one continuous
30hour.

31(4) Notwithstanding paragraph (3), an intern working in a
32governmental entity, a school, a college, or a university, or an
33institution that is both nonprofit and charitable, may obtain the
34required weekly direct supervisor contact via two-way, real-time
35 videoconferencing. The supervisor shall be responsible for ensuring
36that client confidentiality is upheld.

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

38

SEC. 55.  

Section 4999.55 of the Business and Professions
39Code
is amended to read:

P62   1

4999.55.  

(a) Each applicant and registrant shall obtain a
2passing score on a board-administered California law and ethics
3examination in order to qualify for licensure.

4(b) A registrant shall participate in a board-administered
5California law and ethics examination prior to his or her registration
6renewal.

7(c) Notwithstanding subdivision (b), an applicant who holds a
8registration eligible for renewal, with an expiration date no later
9than June 30, 2016, and who applies for renewal of that registration
10between January 1, 2016, and June 30, 2016, shall, if eligible, be
11allowed to renew the registration without first participating in the
12California law and ethics examination. These applicants shall
13participate in the California law and ethics examination in the next
14renewal cycle, and shall pass the examination prior to licensure or
15issuance of a subsequent registration number, as specified in this
16section.

17(d) If an applicant fails the California law and ethics
18examination, he or she may retake the examination, upon payment
19of the required fees, without further application, except as provided
20in subdivision (e).

21(e) If a registrant fails to obtain a passing score on the California
22law and ethics examination described in subdivision (a) within his
23or her renewal period on or after the operative date of this section,
24he or she shall complete, at minimum, a 12-hour course in
25California law and ethics in order to be eligible to participate in
26the California law and ethics examination. Registrants shall only
27take the 12-hour California law and ethics course once during a
28renewal period. The 12-hour law and ethics course required by
29this section shall be taken through a continuing education provider
30as specified by the board by regulation, a county, state, or
31governmental entity, or a college or university.

32(f) The board shall not issue a subsequent registration number
33unless the registrant has passed the California law and ethics
34examination.

35(g) Notwithstanding subdivision (f), an applicant who holds or
36has held a registration, with an expiration date no later than January
371, 2017, and who applies for a subsequent registration number
38between January 1, 2016, and January 1, 2017, shall, if eligible,
39be allowed to obtain the subsequent registration number without
40first passing the California law and ethics examination. These
P63   1applicants shall pass the California law and ethics examination
2during the next renewal period or prior to licensure, whichever
3occurs first.

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

5

SEC. 56.  

Section 4999.76 of the Business and Professions
6Code
is amended to read:

7

4999.76.  

(a) Except as provided in subdivision (c), the board
8shall not renew any license pursuant to this chapter unless the
9applicant certifies to the board, on a form prescribed by the board,
10that he or she has completed not less than 36 hours of approved
11continuing education in or relevant to the field of professional
12clinical counseling in the preceding two years, as determined by
13the board.

14(b) The board shall have the right to audit the records of any
15applicant to verify the completion of the continuing education
16requirement. Applicants shall maintain records of completed
17continuing education coursework for a minimum of two years and
18shall make these records available to the board for auditing
19purposes upon request.

20(c) The board may establish exceptions from the continuing
21education requirement of this section for good cause, as defined
22by the board.

23(d) The continuing education shall be obtained from one of the
24following sources:

25(1) A school, college, or university that is accredited or
26approved, as defined in Section 4999.12. Nothing in this paragraph
27shall be construed as requiring coursework to be offered as part
28of a regular degree program.

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

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

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

P64   1(1) Aspects of the discipline that are fundamental to the
2understanding or the practice of professional clinical counseling.

3(2) Significant recent developments in the discipline of
4professional clinical counseling.

5(3) Aspects of other disciplines that enhance the understanding
6or the practice of professional clinical counseling.

7(g) A system of continuing education for licensed professional
8clinical counselors shall include courses directly related to the
9diagnosis, assessment, and treatment of the client population being
10served.

11(h) The board shall, by regulation, fund the administration of
12this section through continuing education provider fees to be
13deposited in the Behavioral Sciences Fund. The fees related to the
14administration of this section shall be sufficient to meet, but shall
15not exceed, the costs of administering the corresponding provisions
16of this section. For the purposes of this subdivision, a provider of
17continuing education as described in paragraph (1) of subdivision
18(d) shall be deemed to be an approved provider.

19(i) The continuing education requirements of this section shall
20fully comply with the guidelines for mandatory continuing
21education established by the Department of Consumer Affairs
22pursuant to Section 166.

23

SEC. 57.  

Section 4999.100 of the Business and Professions
24Code
, as amended by Section 66 of Chapter 473 of the Statutes of
252013, is amended to read:

26

4999.100.  

(a) An intern registration shall expire one year from
27the last day of the month in which it was issued.

28(b) To renew a registration, the registrant on or before the
29expiration date of the registration, shall do the following:

30(1) Apply for a renewal on a form prescribed by the board.

31(2) Pay a renewal fee prescribed by the board.

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

37(4) Participate in the California law and ethics examination
38pursuant to Section 4999.53 each year until successful completion
39of this examination.

P65   1(c) The intern registration may be renewed a maximum of five
2times. Registration shall not be renewed or reinstated beyond six
3years from the last day of the month during which it was issued,
4regardless of whether it has been revoked. When no further
5renewals are possible, an applicant may apply for and obtain a
6subsequent intern registration number if the applicant meets the
7educational requirements for registration in effect at the time of
8the application for a subsequent intern registration number and
9has passed the California law and ethics examination described in
10Section 4999.53. An applicant who is issued a subsequent intern
11registration number pursuant to this subdivision shall not be
12employed or volunteer in a private practice.

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

14begin insert

begin insertSEC. 58.end insert  

end insert
begin insert

Section 15.5 of this bill incorporates amendments to
15Section 1944 of the Business and Professions Code proposed by
16both this bill and AB 483. It shall only become operative if (1) both
17bills are enacted and become effective on or before January 1,
182016, (2) each bill amends Section 1944 of the Business and
19Professions Code, and (3) this bill is enacted after AB 483, in
20which case Section 15 of this bill shall not become operative.

end insert
21

begin deleteSEC. 58.end delete
22begin insertSEC. 59.end insert  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



O

    94