Senate BillNo. 1478


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

March 10, 2016


An act to amend Sections 1632, 1634.1, 2467, 4980.36, 4980.37, 4980.43, 4980.78, 4980.79, 4992.05, 4996.18, 4996.23, 4999.12, 4999.40, 4999.47, 4999.52, 4999.60, 4999.61, and 4999.120 of, to add Sections 4980.09 and 4999.12.5 to, to repeal Sections 852, 2029, 4980.40.5, and 4999.54 of, and to repeal Article 16 (commencing with Section 2380) of Chapter 5 of Division 2 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 1478, as introduced, Committee on Business, Professions and Economic Development. Healing arts.

Existing law provides for the licensure and regulation of healing arts professions and vocations by boards within the Department of Consumer Affairs.

(1) Existing law establishes the Task Force on Culturally and Linguistically Competent Physicians and Dentists. Existing law requires the task force to develop recommendations for a continuing education program that includes language proficiency standards of foreign language to be acquired to meet linguistic competency, identify the key cultural elements necessary to meet cultural competency by physicians, dentists, and their offices and assess the need for voluntary certification standards and examinations for cultural and linguistic competency.

This bill would delete those provisions.

(2) The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. Existing law requires each applicant to, among other things, successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.

This bill would instead require the applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations.

(3) The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California.

Existing law requires the board to keep a copy of a complaint it receives regarding the poor quality of care rendered by a licensee for 10 years from the date the board receives the complaint, as provided.

This bill would delete that requirement.

Existing law creates the Bureau of Medical Statistics within the board. Under existing law, the purpose of the bureau is to provide the board with statistical information necessary to carry out their functions of licensing, medical education, medical quality, and enforcement.

This bill would abolish that bureau.

(4) Under existing law, the California Board of Podiatric Medicine is responsible for the certification and regulation of the practice of podiatric medicine. Existing law requires the board to annually elect one of its members to act as president and vice president.

This bill would instead require the board to elect from its members a president, a vice president, and a secretary.

(5) The Board of Behavioral Sciences is responsible for administering, among others, the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act.

(A) Existing law, the Licensed Marriage and Family Therapist Act, provides for the regulation of the practice of marriage and family therapy by the Board of Behavioral Sciences. A violation of the act is a crime. Existing law requires the licensure of marriage and family therapists and the registration of marriage and family therapist interns. Under existing law, an “intern” is defined as an unlicensed person who has earned his or her master’s or doctoral degree qualifying him or her for licensure and is registered with the board. Existing law prohibits the abbreviation “MFTI” from being used in an advertisement unless the title “marriage and family therapist registered intern” appears in the advertisement.

Existing law, the Licensed Professional Clinical Counselor Act, provides for the regulation of the practice of professional clinical counseling by the Board of Behavioral Sciences. Existing law requires the licensure of professional clinical counselors and the registration of professional clinical counselor interns. Under existing law, an “intern” is defined as an unlicensed person who meets specified requirements for registration and is registered with the board.

This bill, commencing January 1, 2018, would provide that certain specified titles using the term “intern” or any reference to the term “intern” in those acts shall be deemed to be a reference to an “associate,” as specified. Because this bill would change the definition of a crime, it would impose a state-mandated local program.

(B) The Licensed Marriage and Family Therapist Act generally requires specified applicants for licensure and registration to meet certain educational degree requirements, including having obtained that degree from a school, college, or university that, among other things, is accredited by a regional accrediting agency recognized by the United States Department of Education.

This bill would authorize that accreditation to be by a regional or national institutional accrediting agency recognized by the United States Department of Education.

Under the Licensed Marriage and Family Therapist Act, a specified doctoral or master’s degree approved by the Bureau for Private Postsecondary and Vocational Education as of June 30, 2007, is considered by the Board of Behavioral Sciences to meet the specified licensure and registration requirements if the degree is conferred on or before July 1, 2010. As an alternative, existing law requires the Board of Behavioral Sciences to accept those doctoral or master's degrees as equivalent degrees if those degrees are conferred by educational institutions accredited by specified associations.

This bill would delete those provisions.

(C) Under the Licensed Marriage and Family Therapist Act, an applicant for licensure is required to complete experience related to the practice of marriage and family therapy under the supervision of a supervisor. Existing law requires applicants, trainees who are unlicensed persons enrolled in an educational program to qualify for licensure, and interns who are unlicensed persons who have completed an educational program and is registered with the board to be at all times under the supervision of a supervisor. Existing law requires interns and trainees to only gain supervised experience as an employee or volunteer and prohibits experience from being gained as an independent contractor. Similarly, the Licensed Professional Clinical Counselor Act requires clinical counselor trainees, interns, and applicants to perform services only as an employee or as a volunteer. The Licensed Professional Clinical Counselor Act prohibits gaining mental health experience by interns or trainees as an independent contractor.

The Clinical Social Worker Practice Act requires applicants to complete supervised experience related to the practice of clinical social work.

This bill would prohibit these persons from being employed as independent contractors and from gaining experience for work performed as an independent contractor reported on a specified tax form.

(D) The Licensed Professional Clinical Counselor Act defines the term “accredited” for the purposes of the act to mean a school, college, or university accredited by the Western Association of Schools and Colleges, or its equivalent regional accrediting association. The act requires each educational institution preparing applicants to qualify for licensure to notify each of its students in writing that its degree program is designed to meet specified examination eligibility or registration requirements and to certify to the Board of Behavioral Sciences that it has provided that notice.

This bill would re-define “accredited” to mean a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education. The bill would additionally require an applicant for registration or licensure to submit to the Board of Behavioral Sciences a certification from the applicant’s educational institution specifying that the curriculum and coursework complies with those examination eligibility or registration requirements.

(6) This bill would additionally delete various obsolete provisions, make conforming changes, and make other nonsubstantive changes.

(7) 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:

P5    1

SECTION 1.  

Section 852 of the Business and Professions Code
2 is repealed.

begin delete
3

852.  

(a) The Task Force on Culturally and Linguistically
4Competent Physicians and Dentists is hereby created and shall
5consist of the following members:

6(1) The State Director of Health Services and the Director of
7Consumer Affairs, who shall serve as cochairs of the task force.

8(2) The Executive Director of the Medical Board of California.

9(3) The Executive Director of the Dental Board of California.

10(4) One member appointed by the Senate Committee on Rules.

11(5) One member appointed by the Speaker of the Assembly.

12(b) Additional task force members shall be appointed by the
13Director of Consumer Affairs, in consultation with the State
14Director of Health Services, as follows:

15(1) Representatives of organizations that advocate on behalf of
16California licensed physicians and dentists.

17(2) California licensed physicians and dentists that provide
18health services to members of language and ethnic minority groups.

19(3) Representatives of organizations that advocate on behalf of,
20or provide health services to, members of language and ethnic
21minority groups.

22(4) Representatives of entities that offer continuing education
23for physicians and dentists.

24(5) Representatives of California’s medical and dental schools.

25(6) Individuals with experience in developing, implementing,
26monitoring, and evaluating cultural and linguistic programs.

27(c) The duties of the task force shall include the following:

28(1) Developing recommendations for a continuing education
29program that includes language proficiency standards of foreign
30language to be acquired to meet linguistic competency.

31(2) Identifying the key cultural elements necessary to meet
32cultural competency by physicians, dentists, and their offices.

33(3) Assessing the need for voluntary certification standards and
34examinations for cultural and linguistic competency.

35(d) The task force shall hold hearings and convene meetings to
36obtain input from persons belonging to language and ethnic
37minority groups to determine their needs and preferences for having
38culturally competent medical providers. These hearings and
P6    1meetings shall be convened in communities that have large
2populations of language and ethnic minority groups.

3(e) The task force shall report its findings to the Legislature and
4appropriate licensing boards within two years after creation of the
5task force.

6(f) The Medical Board of California and the Dental Board of
7California shall pay the state administrative costs of implementing
8this section.

9(g) Nothing in this section shall be construed to require
10mandatory continuing education of physicians and dentists.

end delete
11

SEC. 2.  

Section 1632 of the Business and Professions Code is
12amended to read:

13

1632.  

(a) The board shall require each applicant to successfully
14complete thebegin delete Part I and Part II written examinationsend deletebegin insert written
15examinationend insert
of the National Board Dental Examination of the Joint
16Commission on National Dental Examinations.

17(b) The board shall require each applicant to successfully
18complete an examination in California law and ethics developed
19and administered by the board. The board shall provide a separate
20application for this examination. The board shall ensure that the
21law and ethics examination reflects current law and regulations,
22and ensure that the examinations are randomized. Applicants shall
23submit this application and required fee to the board in order to
24take this examination. In addition to the aforementioned
25application, the only other requirement for taking this examination
26shall be certification from the dean of the qualifying dental school
27attended by the applicant that the applicant has graduated, or will
28graduate, or is expected to graduate. Applicants who submit
29completed applications and certification from the dean at least 15
30days prior to a scheduled examination shall be scheduled to take
31the examination. Successful results of the examination shall, as
32established by board regulation, remain valid for two years from
33the date that the applicant is notified of having passed the
34examination.

35(c) Except as otherwise provided in Section 1632.5, the board
36shall require each applicant to have taken and received a passing
37score on one of the following:

38(1) A portfolio examination of the applicant’s competence to
39enter the practice of dentistry. This examination shall be conducted
40while the applicant is enrolled in a dental school program at a
P7    1board-approved school located in California. This examination
2shall utilize uniform standards of clinical experiences and
3competencies, as approved by the board pursuant to Section 1632.1.
4The applicant shall pass a final assessment of the submitted
5portfolio at the end of his or her dental school program. Before
6any portfolio assessment may be submitted to the board, the
7applicant shall remit the required fee to the board to be deposited
8into the State Dentistry Fund, and a letter of good standing signed
9by the dean of his or her dental school or his or her delegate stating
10that the applicant has graduated or will graduate with no pending
11ethical issues.

12(A) The portfolio examination shall not be conducted until the
13board adopts regulations to carry out this paragraph. The board
14shall post notice on its Internet Web site when these regulations
15have been adopted.

16(B) The board shall also provide written notice to the Legislature
17and the Legislative Counsel when these regulations have been
18adopted.

19(2) A clinical and written examination administered by the
20Western Regional Examining Board, which board shall determine
21the passing score for that examination.

22(d) Notwithstanding subdivision (b) of Section 1628, the board
23is authorized to do either of the following:

24(1) Approve an application for examination from, and to
25examine an applicant who is enrolled in, but has not yet graduated
26from, a reputable dental school approved by the board.

27(2) Accept the results of an examination described in paragraph
28(2) of subdivision (c) submitted by an applicant who was enrolled
29in, but had not graduated from, a reputable dental school approved
30by the board at the time the examination was administered.

31In either case, the board shall require the dean of that school or
32his or her delegate to furnish satisfactory proof that the applicant
33will graduate within one year of the date the examination was
34administered or as provided in paragraph (1) of subdivision (c).

35

SEC. 3.  

Section 1634.1 of the Business and Professions Code
36 is amended to read:

37

1634.1.  

Notwithstanding Section 1634, the board may grant a
38license to practice dentistry to an applicant who submits all of the
39following to the board:

P8    1(a) A completed application form and all fees required by the
2board.

3(b) Satisfactory evidence of having graduated from a dental
4school approved by the board or by the Commission on Dental
5Accreditation of the American Dental Association.

6(c) Satisfactory evidence of having completed a clinically based
7advanced education program in general dentistry or an advanced
8education program in general practice residency that is, at
9minimum, one year in duration and is accredited by either the
10Commission on Dental Accreditation of the American Dental
11Association or a national accrediting body approved by the board.begin insert end insert
12The advanced education program shall include a certification of
13clinical residency program completion approved by the board, to
14be completed upon the resident’s successful completion of the
15program in order to evaluate his or her competence to practice
16dentistry in the state.

17(d) Satisfactory evidence of having successfully completed the
18writtenbegin delete examinationsend deletebegin insert examinationend insert of the National Board Dental
19Examination of the Joint Commission on National Dental
20Examinations.

21(e) Satisfactory evidence of having successfully completed an
22examination in California law and ethics.

23(f) Proof that the applicant has not failed the examination for
24licensure to practice dentistry under this chapter within five years
25prior to the date of his or her application for a license under this
26chapter.

27

SEC. 4.  

Section 2029 of the Business and Professions Code is
28repealed.

begin delete
29

2029.  

The board shall keep a copy of a complaint it receives
30regarding the poor quality of care rendered by a licensee for 10
31years from the date the board receives the complaint. For retrieval
32purposes, these complaints shall be filed by the licensee’s name
33and license number.

end delete
34

SEC. 5.  

Article 16 (commencing with Section 2380) of Chapter
355 of Division 2 of the Business and Professions Code is repealed.

36

SEC. 6.  

Section 2467 of the Business and Professions Code is
37amended to read:

38

2467.  

(a) The board may convene from time to time as it deems
39necessary.

P9    1(b) Four members of the board constitute a quorum for the
2transaction of business at any meeting.

3(c) It shall require the affirmative vote of a majority of those
4members present at a meeting, those members constituting at least
5a quorum, to pass any motion, resolution, or measure.

6(d) The board shallbegin delete annuallyend delete electbegin delete one ofend deletebegin insert fromend insert its membersbegin delete to
7act as president and a member to act asend delete
begin insert a president, aend insert vicebegin delete presidentend delete
8begin insert president, and a secretaryend insert who shall hold their respective positions
9at the pleasure of the board. The president may call meetings of
10the board and any duly appointed committee at a specified time
11and place.

12

SEC. 7.  

Section 4980.09 is added to the Business and
13Professions Code
, to read:

14

4980.09.  

(a) The title “marriage and family therapist intern”
15or “marriage and family therapist registered intern” is hereby
16renamed “associate marriage and family therapist” or “registered
17associate marriage and family therapist,” respectively. Any
18reference in statute or regulation to a “marriage and family therapist
19intern” or “marriage and family therapist registered intern” shall
20be deemed a reference to an “associate marriage and family
21therapist” or “registered associate marriage and family therapist.”

22(b) Nothing in this section shall be construed to expand or
23constrict the scope of practice of a person licensed or registered
24pursuant to this chapter.

25(c) This section shall become operative January 1, 2018.

26

SEC. 8.  

Section 4980.36 of the Business and Professions Code
27 is amended to read:

28

4980.36.  

(a) This section shall apply to the following:

29(1) Applicants for licensure or registration who begin graduate
30study before August 1, 2012, and do not complete that study on
31or before December 31, 2018.

32(2) Applicants for licensure or registration who begin graduate
33study before August 1, 2012, and who graduate from a degree
34program that meets the requirements of this section.

35(3) Applicants for licensure or registration who begin graduate
36study on or after August 1, 2012.

37(b) To qualify for a license or registration, applicants shall
38possess a doctoral or master’s degree meeting the requirements of
39this section in marriage, family, and child counseling, marriage
40and family therapy, couple and family therapy, psychology, clinical
P10   1psychology, counseling psychology, or counseling with an
2emphasis in either marriage, family, and child counseling or
3marriage and family therapy, obtained from a school, college, or
4university approved by the Bureau for Private Postsecondary
5Education, or accredited by either the Commission on Accreditation
6for Marriage and Family Therapy Education, or a regionalbegin insert or
7national institutionalend insert
accrediting agency that is recognized by the
8United States Department of Education. The board has the authority
9to make the final determination as to whether a degree meets all
10requirements, including, but not limited to, course requirements,
11regardless of accreditation or approval.

12(c) A doctoral or master’s degree program that qualifies for
13licensure or registration shall do the following:

14(1) Integrate all of the following throughout its curriculum:

15(A) Marriage and family therapy principles.

16(B) The principles of mental health recovery-oriented care and
17methods of service delivery in recovery-oriented practice
18environments, among others.

19(C) An understanding of various cultures and the social and
20psychological implications of socioeconomic position, and an
21understanding of how poverty and social stress impact an
22individual’s mental health and recovery.

23(2) Allow for innovation and individuality in the education of
24marriage and family therapists.

25(3) Encourage students to develop the personal qualities that
26are intimately related to effective practice, including, but not
27limited to, integrity, sensitivity, flexibility, insight, compassion,
28and personal presence.

29(4) Permit an emphasis or specialization that may address any
30one or more of the unique and complex array of human problems,
31symptoms, and needs of Californians served by marriage and
32family therapists.

33(5) Provide students with the opportunity to meet with various
34consumers and family members of consumers of mental health
35services to enhance understanding of their experience of mental
36illness, treatment, and recovery.

37(d) The degree described in subdivision (b) shall contain no less
38than 60 semester or 90 quarter units of instruction that includes,
39but is not limited to, the following requirements:

40(1) Both of the following:

P11   1(A) No less than 12 semester or 18 quarter units of coursework
2in theories, principles, and methods of a variety of
3psychotherapeutic orientations directly related to marriage and
4family therapy and marital and family systems approaches to
5treatment and how these theories can be applied therapeutically
6with individuals, couples, families, adults, including elder adults,
7children, adolescents, and groups to improve, restore, or maintain
8healthy relationships.

9(B) Practicum that involves direct client contact, as follows:

10(i) A minimum of six semester or nine quarter units of practicum
11in a supervised clinical placement that provides supervised
12fieldwork experience.

13(ii) A minimum of 150 hours of face-to-face experience
14counseling individuals, couples, families, or groups.

15(iii) A student must be enrolled in a practicum course while
16counseling clients, except as specified in subdivision (c) of Section
174980.42.

18(iv) The practicum shall provide training in all of the following
19areas:

20(I) Applied use of theory and psychotherapeutic techniques.

21(II) Assessment, diagnosis, and prognosis.

22(III) Treatment of individuals and premarital, couple, family,
23and child relationships, including trauma and abuse, dysfunctions,
24healthy functioning, health promotion, illness prevention, and
25 working with families.

26(IV) Professional writing, including documentation of services,
27treatment plans, and progress notes.

28(V) How to connect people with resources that deliver the
29quality of services and support needed in the community.

30(v) Educational institutions are encouraged to design the
31practicum required by this subparagraph to include marriage and
32family therapy experience in low income and multicultural mental
33health settings.

34(vi) In addition to the 150 hours required in clause (ii), 75 hours
35of either of the following, or a combination thereof:

36(I) Client centered advocacy, as defined in Section 4980.03.

37(II) Face-to-face experience counseling individuals, couples,
38families, or groups.

39(2) Instruction in all of the following:

P12   1(A) Diagnosis, assessment, prognosis, and treatment of mental
2disorders, including severe mental disorders, evidence-based
3practices, psychological testing, psychopharmacology, and
4promising mental health practices that are evaluated in peer
5reviewed literature.

6(B) Developmental issues from infancy to old age, including
7instruction in all of the following areas:

8(i) The effects of developmental issues on individuals, couples,
9and family relationships.

10(ii) The psychological, psychotherapeutic, and health
11implications of developmental issues and their effects.

12(iii) Aging and its biological, social, cognitive, and
13psychological aspects. This coursework shall include instruction
14on the assessment and reporting of, as well as treatment related
15to, elder and dependent adult abuse and neglect.

16(iv) A variety of cultural understandings of human development.

17(v) The understanding of human behavior within the social
18context of socioeconomic status and other contextual issues
19affecting social position.

20(vi) The understanding of human behavior within the social
21context of a representative variety of the cultures found within
22California.

23(vii) The understanding of the impact that personal and social
24insecurity, social stress, low educational levels, inadequate housing,
25and malnutrition have on human development.

26(C) The broad range of matters and life events that may arise
27within marriage and family relationships and within a variety of
28California cultures, including instruction in all of the following:

29(i) A minimum of seven contact hours of training or coursework
30in child abuse assessment and reporting as specified in Section 28,
31and any regulations promulgated thereunder.

32(ii) Spousal or partner abuse assessment, detection, intervention
33strategies, and same gender abuse dynamics.

34(iii) Cultural factors relevant to abuse of partners and family
35members.

36(iv) Childbirth, child rearing, parenting, and stepparenting.

37(v) Marriage, divorce, and blended families.

38(vi) Long-term care.

39(vii) End of life and grief.

40(viii) Poverty and deprivation.

P13   1(ix) Financial and social stress.

2(x) Effects of trauma.

3(xi) The psychological, psychotherapeutic, community, and
4health implications of the matters and life events described in
5clauses (i) to (x), inclusive.

6(D) Cultural competency and sensitivity, including a familiarity
7with the racial, cultural, linguistic, and ethnic backgrounds of
8persons living in California.

9(E) Multicultural development and cross-cultural interaction,
10including experiences of race, ethnicity, class, spirituality, sexual
11orientation, gender, and disability, and their incorporation into the
12psychotherapeutic process.

13(F) The effects of socioeconomic status on treatment and
14available resources.

15(G) Resilience, including the personal and community qualities
16that enable persons to cope with adversity, trauma, tragedy, threats,
17or other stresses.

18(H) Human sexuality, including the study of physiological,
19psychological, and social cultural variables associated with sexual
20behavior and gender identity, and the assessment and treatment of
21psychosexual dysfunction.

22(I) Substance use disorders, co-occurring disorders, and
23addiction, including, but not limited to, instruction in all of the
24following:

25(i) The definition of substance use disorders, co-occurring
26disorders, and addiction. For purposes of this subparagraph,
27“co-occurring disorders” means a mental illness and substance
28abuse diagnosis occurring simultaneously in an individual.

29(ii) Medical aspects of substance use disorders and co-occurring
30disorders.

31(iii) The effects of psychoactive drug use.

32(iv) Current theories of the etiology of substance abuse and
33addiction.

34(v) The role of persons and systems that support or compound
35substance abuse and addiction.

36(vi) Major approaches to identification, evaluation, and treatment
37of substance use disorders, co-occurring disorders, and addiction,
38including, but not limited to, best practices.

39(vii) Legal aspects of substance abuse.

P14   1(viii) Populations at risk with regard to substance use disorders
2and co-occurring disorders.

3(ix) Community resources offering screening, assessment,
4treatment, and followup for the affected person and family.

5(x) Recognition of substance use disorders, co-occurring
6disorders, and addiction, and appropriate referral.

7(xi) The prevention of substance use disorders and addiction.

8(J) California law and professional ethics for marriage and
9family therapists, including instruction in all of the following areas
10of study:

11(i) Contemporary professional ethics and statutory, regulatory,
12and decisional laws that delineate the scope of practice of marriage
13and family therapy.

14(ii) The therapeutic, clinical, and practical considerations
15involved in the legal and ethical practice of marriage and family
16therapy, including, but not limited to, family law.

17(iii) The current legal patterns and trends in the mental health
18professions.

19(iv) The psychotherapist-patient privilege, confidentiality, the
20patient dangerous to self or others, and the treatment of minors
21with and without parental consent.

22(v) A recognition and exploration of the relationship between
23a practitioner’s sense of self and human values and his or her
24professional behavior and ethics.

25(vi) Differences in legal and ethical standards for different types
26of work settings.

27(vii) Licensing law and licensing process.

28(e) The degree described in subdivision (b) shall, in addition to
29meeting the requirements of subdivision (d), include instruction
30in case management, systems of care for the severely mentally ill,
31public and private services and supports available for the severely
32mentally ill, community resources for persons with mental illness
33and for victims of abuse, disaster and trauma response, advocacy
34for the severely mentally ill, and collaborative treatment. This
35instruction may be provided either in credit level coursework or
36 through extension programs offered by the degree-granting
37institution.

38(f) The changes made to law by this section are intended to
39improve the educational qualifications for licensure in order to
40better prepare future licentiates for practice, and are not intended
P15   1to expand or restrict the scope of practice for marriage and family
2therapists.

3

SEC. 9.  

Section 4980.37 of the Business and Professions Code
4 is amended to read:

5

4980.37.  

(a) This section shall apply to applicants for licensure
6or registration who begin graduate study before August 1, 2012,
7and complete that study on or before December 31, 2018. Those
8applicants may alternatively qualify under paragraph (2) of
9subdivision (a) of Section 4980.36.

10(b) To qualify for a license or registration, applicants shall
11possess a doctor’s or master’s degree in marriage, family, and child
12counseling, marriage and family therapy, couple and family
13therapy, psychology, clinical psychology, counseling psychology,
14or counseling with an emphasis in either marriage, family, and
15child counseling or marriage and family therapy, obtained from a
16school, college, or university accredited by a regionalbegin insert or national
17institutionalend insert
accrediting agency that is recognized by the United
18States Department of Education or approved by the Bureau for
19Private Postsecondary Education. The board has the authority to
20make the final determination as to whether a degree meets all
21requirements, including, but not limited to, course requirements,
22regardless of accreditation or approval. In order to qualify for
23licensure pursuant to this section, a doctor’s or master’s degree
24program shall be a single, integrated program primarily designed
25to train marriage and family therapists and shall contain no less
26than 48 semester or 72 quarter units of instruction. This instruction
27shall include no less than 12 semester units or 18 quarter units of
28coursework in the areas of marriage, family, and child counseling,
29and marital and family systems approaches to treatment. The
30coursework shall include all of the following areas:

31(1) The salient theories of a variety of psychotherapeutic
32orientations directly related to marriage and family therapy, and
33marital and family systems approaches to treatment.

34(2) Theories of marriage and family therapy and how they can
35be utilized in order to intervene therapeutically with couples,
36families, adults, children, and groups.

37(3) Developmental issues and life events from infancy to old
38age and their effect on individuals, couples, and family
39relationships. This may include coursework that focuses on specific
40family life events and the psychological, psychotherapeutic, and
P16   1health implications that arise within couples and families,
2including, but not limited to, childbirth, child rearing, childhood,
3adolescence, adulthood, marriage, divorce, blended families,
4stepparenting, abuse and neglect of older and dependent adults,
5and geropsychology.

6(4) A variety of approaches to the treatment of children.

7The board shall, by regulation, set forth the subjects of instruction
8required in this subdivision.

9(c) (1) In addition to the 12 semester or 18 quarter units of
10coursework specified in subdivision (b), the doctor’s or master’s
11degree program shall contain not less than six semester or nine
12quarter units of supervised practicum in applied psychotherapeutic
13technique, assessments, diagnosis, prognosis, and treatment of
14premarital, couple, family, and child relationships, including
15dysfunctions, healthy functioning, health promotion, and illness
16prevention, in a supervised clinical placement that provides
17supervised fieldwork experience within the scope of practice of a
18marriage and family therapist.

19(2) For applicants who enrolled in a degree program on or after
20January 1, 1995, the practicum shall include a minimum of 150
21hours of face-to-face experience counseling individuals, couples,
22families, or groups.

23(3) The practicum hours shall be considered as part of the 48
24semester or 72 quarter unit requirement.

25(d) As an alternative to meeting the qualifications specified in
26subdivision (b), the board shall accept as equivalent degrees those
27master’s or doctor’s degrees granted by educational institutions
28whose degree program is approved by the Commission on
29Accreditation for Marriage and Family Therapy Education.

30(e) In order to provide an integrated course of study and
31appropriate professional training, while allowing for innovation
32and individuality in the education of marriage and family therapists,
33a degree program that meets the educational qualifications for
34licensure or registration under this section shall do all of the
35following:

36(1) Provide an integrated course of study that trains students
37generally in the diagnosis, assessment, prognosis, and treatment
38of mental disorders.

39(2) Prepare students to be familiar with the broad range of
40matters that may arise within marriage and family relationships.

P17   1(3) Train students specifically in the application of marriage
2and family relationship counseling principles and methods.

3(4) Encourage students to develop those personal qualities that
4are intimately related to the counseling situation such as integrity,
5sensitivity, flexibility, insight, compassion, and personal presence.

6(5) Teach students a variety of effective psychotherapeutic
7techniques and modalities that may be utilized to improve, restore,
8or maintain healthy individual, couple, and family relationships.

9(6) Permit an emphasis or specialization that may address any
10one or more of the unique and complex array of human problems,
11symptoms, and needs of Californians served by marriage and
12family therapists.

13(7) Prepare students to be familiar with cross-cultural mores
14and values, including a familiarity with the wide range of racial
15and ethnic backgrounds common among California’s population,
16including, but not limited to, Blacks, Hispanics, Asians, and Native
17Americans.

18(f) Educational institutions are encouraged to design the
19practicum required by this section to include marriage and family
20therapy experience in low income and multicultural mental health
21settings.

22(g) This section shall remain in effect only until January 1, 2019,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2019, deletes or extends that date.

25

SEC. 10.  

Section 4980.40.5 of the Business and Professions
26Code
is repealed.

begin delete
27

4980.40.5.  

(a) A doctoral or master’s degree in marriage,
28family, and child counseling, marital and family therapy, couple
29and family therapy, psychology, clinical psychology, counseling
30psychology, or counseling with an emphasis in either marriage,
31family, and child counseling, or marriage and family therapy,
32obtained from a school, college, or university approved by the
33Bureau for Private Postsecondary Education as of June 30, 2007,
34shall be considered by the board to meet the requirements necessary
35for licensure as a marriage and family therapist and for registration
36as a marriage and family therapist intern provided that the degree
37is conferred on or before July 1, 2010.

38(b) As an alternative to meeting the qualifications specified in
39subdivision (a) of Section 4980.40, the board shall accept as
40equivalent degrees those doctoral or master’s degrees that otherwise
P18   1meet the requirements of this chapter and are conferred by
2educational institutions accredited by any of the following
3associations:

4(1) Northwest Commission on Colleges and Universities.

5(2) Middle States Association of Colleges and Secondary
6Schools.

7(3) New England Association of Schools and Colleges.

8(4) North Central Association of Colleges and Secondary
9Schools.

10(5) Southern Association of Colleges and Schools.

end delete
11

SEC. 11.  

Section 4980.43 of the Business and Professions
12Code
is amended to read:

13

4980.43.  

(a) To qualify for licensure as specified in Section
144980.40, each applicant shall complete experience related to the
15practice of marriage and family therapy under a supervisor who
16meets the qualifications set forth in Section 4980.03. The
17experience shall comply with the following:

18(1) A minimum of 3,000 hours of supervised experience
19completed during a period of at least 104 weeks.

20(2) A maximum of 40 hours in any seven consecutive days.

21(3) A minimum of 1,700 hours obtained after the qualifying
22master’s or doctoral degree was awarded.

23(4) A maximum of 1,300 hours obtained prior to the award date
24of the qualifying master’s or doctoral degree.

25(5) A maximum of 750 hours of counseling and direct supervisor
26contact prior to the award date of the qualifying master’s or
27doctoral degree.

28(6) No hours of experience may be gained prior to completing
29either 12 semester units or 18 quarter units of graduate instruction.

30(7) No hours of experience may be gained more than six years
31prior to the date the application for examination eligibility was
32filed, except that up to 500 hours of clinical experience gained in
33the supervised practicum required by subdivision (c) of Section
344980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
35of Section 4980.36 shall be exempt from this six-year requirement.

36(8) A minimum of 1,750 hours of direct counseling with
37individuals, groups, couples, or families, that includes not less than
38500 total hours of experience in diagnosing and treating couples,
39families, and children.

P19   1(9) A maximum of 1,250 hours of nonclinical practice,
2consisting of direct supervisor contact, administering and
3evaluating psychological tests, writing clinical reports, writing
4progress or process notes, client centered advocacy, and workshops,
5seminars, training sessions, or conferences directly related to
6marriage and family therapy that have been approved by the
7applicant’s supervisor.

8(10) It is anticipated and encouraged that hours of experience
9will include working with elders and dependent adults who have
10physical or mental limitations that restrict their ability to carry out
11normal activities or protect their rights.

12This subdivision shall only apply to hours gained on and after
13January 1, 2010.

14(b) An individual who submits an application for examination
15eligibility between January 1, 2016, and December 31, 2020, may
16alternatively qualify under the experience requirements that were
17in place on January 1, 2015.

18(c) All applicants, trainees, and registrants shall be at all times
19under the supervision of a supervisor who shall be responsible for
20ensuring that the extent, kind, and quality of counseling performed
21is consistent with the training and experience of the person being
22supervised, and who shall be responsible to the board for
23compliance with all laws, rules, and regulations governing the
24practice of marriage and family therapy. Supervised experience
25shall be gained by an intern or trainee only as an employee or as
26a volunteer. The requirements of this chapter regarding gaining
27hours of experience and supervision are applicable equally to
28employees and volunteers.begin delete Experience shall not be gained by an
29intern or trainee as an independent contractor.end delete
begin insert Associates and
30trainees shall not be employed as independent contractors, and
31shall not gain experience for work performed as an independent
32contractor, reported on an IRS Form 1099, or both.end insert

33(1) If employed, an intern shall provide the board with copies
34of the corresponding W-2 tax forms for each year of experience
35claimed upon application for licensure.

36(2) If volunteering, an intern shall provide the board with a letter
37from his or her employer verifying the intern’s employment as a
38volunteer upon application for licensure.

39(d) Except for experience gained by attending workshops,
40seminars, training sessions, or conferences as described in
P20   1paragraph (9) of subdivision (a), supervision shall include at least
2one hour of direct supervisor contact in each week for which
3experience is credited in each work setting, as specified:

4(1) A trainee shall receive an average of at least one hour of
5direct supervisor contact for every five hours of client contact in
6each setting. No more than six hours of supervision, whether
7individual or group, shall be credited during any single week.

8(2) An individual supervised after being granted a qualifying
9degree shall receive at least one additional hour of direct supervisor
10contact for every week in which more than 10 hours of client
11contact is gained in each setting. No more than six hours of
12supervision, whether individual or group, shall be credited during
13any single week.

14(3) For purposes of this section, “one hour of direct supervisor
15contact” means one hour per week of face-to-face contact on an
16individual basis or two hours per week of face-to-face contact in
17a group.

18(4) Direct supervisor contact shall occur within the same week
19as the hours claimed.

20(5) Direct supervisor contact provided in a group shall be
21provided in a group of not more than eight supervisees and in
22segments lasting no less than one continuous hour.

23(6) Notwithstanding paragraph (3), an intern working in a
24governmental entity, a school, a college, or a university, or an
25institution that is both nonprofit and charitable may obtain the
26required weekly direct supervisor contact via two-way, real-time
27videoconferencing. The supervisor shall be responsible for ensuring
28that client confidentiality is upheld.

29(7) All experience gained by a trainee shall be monitored by the
30supervisor as specified by regulation.

31(8) The six hours of supervision that may be credited during
32any single week pursuant to paragraphs (1) and (2) shall apply to
33supervision hours gained on or after January 1, 2009.

34(e) (1) A trainee may be credited with supervised experience
35completed in any setting that meets all of the following:

36(A) Lawfully and regularly provides mental health counseling
37or psychotherapy.

38(B) Provides oversight to ensure that the trainee’s work at the
39 setting meets the experience and supervision requirements set forth
P21   1in this chapter and is within the scope of practice for the profession
2as defined in Section 4980.02.

3(C) Is not a private practice owned by a licensed marriage and
4family therapist, a licensed professional clinical counselor, a
5licensed psychologist, a licensed clinical social worker, a licensed
6physician and surgeon, or a professional corporation of any of
7those licensed professions.

8(2) Experience may be gained by the trainee solely as part of
9the position for which the trainee volunteers or is employed.

10(f) (1) An intern may be credited with supervised experience
11completed in any setting that meets both of the following:

12(A) Lawfully and regularly provides mental health counseling
13or psychotherapy.

14(B) Provides oversight to ensure that the intern’s work at the
15setting meets the experience and supervision requirements set forth
16in this chapter and is within the scope of practice for the profession
17as defined in Section 4980.02.

18(2) An applicant shall not be employed or volunteer in a private
19practice, as defined in subparagraph (C) of paragraph (1) of
20subdivision (e), until registered as an intern.

21(3) While an intern may be either a paid employee or a
22volunteer, employers are encouraged to provide fair remuneration
23to interns.

24(4) Except for periods of time during a supervisor’s vacation or
25sick leave, an intern who is employed or volunteering in private
26practice shall be under the direct supervision of a licensee that has
27satisfied subdivision (g) of Section 4980.03. The supervising
28licensee shall either be employed by and practice at the same site
29as the intern’s employer, or shall be an owner or shareholder of
30the private practice. Alternative supervision may be arranged during
31a supervisor’s vacation or sick leave if the supervision meets the
32requirements of this section.

33(5) Experience may be gained by the intern solely as part of the
34position for which the intern volunteers or is employed.

35(g) Except as provided in subdivision (h), all persons shall
36register with the board as an intern to be credited for postdegree
37hours of supervised experience gained toward licensure.

38(h) Postdegree hours of experience shall be credited toward
39licensure so long as the applicant applies for the intern registration
40within 90 days of the granting of the qualifying master’s or doctoral
P22   1degree and is thereafter granted the intern registration by the board.
2An applicant shall not be employed or volunteer in a private
3practice until registered as an intern by the board.

4(i) Trainees, interns, and applicants shall not receive any
5remuneration from patients or clients, and shall only be paid by
6their employers.

7(j) Trainees, interns, and applicants shall only perform services
8at the place where their employers regularly conduct business,
9which may include performing services at other locations, so long
10as the services are performed under the direction and control of
11their employer and supervisor, and in compliance with the laws
12and regulations pertaining to supervision. For purposes of
13paragraph (3) of subdivision (a) of Section 2290.5, interns and
14trainees working under licensed supervision, consistent with
15 subdivision (c), may provide services via telehealth within the
16scope authorized by this chapter and in accordance with any
17regulations governing the use of telehealth promulgated by the
18board. Trainees and interns shall have no proprietary interest in
19their employers’ businesses and shall not lease or rent space, pay
20for furnishings, equipment, or supplies, or in any other way pay
21for the obligations of their employers.

22(k) Trainees, interns, or applicants who provide volunteered
23services or other services, and who receive no more than a total,
24from all work settings, of five hundred dollars ($500) per month
25as reimbursement for expenses actually incurred by those trainees,
26interns, or applicants for services rendered in any lawful work
27setting other than a private practice shall be considered employees
28and not independent contractors. The board may audit applicants
29who receive reimbursement for expenses, and the applicants shall
30have the burden of demonstrating that the payments received were
31for reimbursement of expenses actually incurred.

32(l) Each educational institution preparing applicants for licensure
33pursuant to this chapter shall consider requiring, and shall
34encourage, its students to undergo individual, marital or conjoint,
35family, or group counseling or psychotherapy, as appropriate. Each
36supervisor shall consider, advise, and encourage his or her interns
37and trainees regarding the advisability of undertaking individual,
38marital or conjoint, family, or group counseling or psychotherapy,
39as appropriate. Insofar as it is deemed appropriate and is desired
40by the applicant, the educational institution and supervisors are
P23   1encouraged to assist the applicant in locating that counseling or
2psychotherapy at a reasonable cost.

3

SEC. 12.  

Section 4980.78 of the Business and Professions
4Code
is amended to read:

5

4980.78.  

(a) This section applies to persons who apply for
6licensure or registration on or after January 1, 2016, and who do
7not hold a license as described in Section 4980.72.

8(b) For purposes of Section 4980.74, education is substantially
9equivalent if all of the following requirements are met:

10(1) The degree is obtained from a school, college, or university
11accredited bybegin delete anend deletebegin insert a regional or national institutionalend insert accrediting
12agency that is recognized by the United States Department of
13Education and consists of, at a minimum, the following:

14(A) (i) For an applicant who obtained his or her degree within
15the timeline prescribed by subdivision (a) of Section 4980.36, the
16degree shall contain no less than 60 semester or 90 quarter units
17of instruction.

18(ii) Up to 12 semester or 18 quarter units of instruction may be
19remediated, if missing from the degree. The remediation may occur
20while the applicant is registered as an intern.

21(B) For an applicant who obtained his or her degree within the
22timeline prescribed by subdivision (a) of Section 4980.37, the
23degree shall contain no less than 48 semester units or 72 quarter
24units of instruction.

25(C) Six semester or nine quarter units of practicum, including,
26but not limited to, a minimum of 150 hours of face-to-face
27counseling, and an additional 75 hours of either face-to-face
28counseling or client-centered advocacy, or a combination of
29face-to-face counseling and client-centered advocacy.

30(D) Twelve semester or 18 quarter units in the areas of marriage,
31family, and child counseling and marital and family systems
32approaches to treatment, as specified in subparagraph (A) of
33paragraph (1) of subdivision (d) of Section 4980.36.

34(2) The applicant shall complete coursework in California law
35and ethics as follows:

36(A) An applicant who completed a course in law and
37professional ethics for marriage and family therapists as specified
38in paragraph (7) of subdivision (a) of Section 4980.81, that did not
39contain instruction in California law and ethics, shall complete an
4018-hour course in California law and professional ethics. The
P24   1content of the course shall include, but not be limited to,
2advertising, scope of practice, scope of competence, treatment of
3minors, confidentiality, dangerous patients, psychotherapist-patient
4privilege, recordkeeping, patient access to records, state and federal
5laws relating to confidentiality of patient health information, dual
6relationships, child abuse, elder and dependent adult abuse, online
7therapy, insurance reimbursement, civil liability, disciplinary
8actions and unprofessional conduct, ethics complaints and ethical
9standards, termination of therapy, standards of care, relevant family
10law, therapist disclosures to patients, differences in legal and ethical
11standards in different types of work settings, and licensing law
12and licensing process. This coursework shall be completed prior
13to registration as an intern.

14(B) An applicant who has not completed a course in law and
15professional ethics for marriage and family therapists as specified
16in paragraph (7) of subdivision (a) of Section 4980.81 shall
17complete this required coursework. The coursework shall contain
18content specific to California law and ethics. This coursework shall
19be completed prior to registration as an intern.

20(3) The applicant completes the educational requirements
21specified in Section 4980.81 not already completed in his or her
22education. The coursework may be from an accredited school,
23college, or university as specified in paragraph (1), from an
24educational institution approved by the Bureau for Private
25Postsecondary Education, or from a continuing education provider
26that is acceptable to the board as defined in Section 4980.54.
27Undergraduate courses shall not satisfy this requirement.

28(4) The applicant completes the following coursework not
29already completed in his or her education from an accredited
30school, college, or university as specified in paragraph (1) from
31an educational institution approved by the Bureau for Private
32Postsecondary Education, or from a continuing education provider
33that is acceptable to the board as defined in Section 4980.54.
34Undergraduate courses shall not satisfy this requirement.

35(A) At least three semester units, or 45 hours, of instruction
36regarding the principles of mental health recovery-oriented care
37and methods of service delivery in recovery-oriented practice
38environments, including structured meetings with various
39consumers and family members of consumers of mental health
P25   1services to enhance understanding of their experience of mental
2illness, treatment, and recovery.

3(B) At least one semester unit, or 15 hours, of instruction that
4includes an understanding of various California cultures and the
5social and psychological implications of socioeconomic position.

6(5)  An applicant may complete any units and course content
7requirements required under paragraphs (3) and (4) not already
8completed in his or her education while registered as an intern,
9unless otherwise specified.

10(6) The applicant’s degree title need not be identical to that
11required by subdivision (b) of Section 4980.36.

12

SEC. 13.  

Section 4980.79 of the Business and Professions
13Code
is amended to read:

14

4980.79.  

(a) This section applies to persons who apply for
15licensure or registration on or after January 1, 2016, and who hold
16a license as described in Section 4980.72.

17(b) For purposes of Section 4980.72, education is substantially
18equivalent if all of the following requirements are met:

19(1) The degree is obtained from a school, college, or university
20accredited bybegin delete anend deletebegin insert a regional or national institutionalend insert accrediting
21agency recognized by the United States Department of Education
22and consists of, at a minimum, the following:

23(A) (i) For an applicant who obtained his or her degree within
24the timeline prescribed by subdivision (a) of Section 4980.36, the
25degree shall contain no less than 60 semester or 90 quarter units
26of instruction.

27(ii) Up to 12 semester or 18 quarter units of instruction may be
28remediated, if missing from the degree. The remediation may occur
29while the applicant is registered as an intern.

30(B) For an applicant who obtained his or her degree within the
31timeline prescribed by subdivision (a) of Section 4980.37, the
32degree shall contain no less than 48 semester or 72 quarter units
33of instruction.

34(C) Six semester or nine quarter units of practicum, including,
35but not limited to, a minimum of 150 hours of face-to-face
36 counseling, and an additional 75 hours of either face-to-face
37counseling or client-centered advocacy, or a combination of
38face-to-face counseling and client-centered advocacy.

P26   1(i) An out-of-state applicant who has been licensed for at least
2two years in clinical practice, as verified by the board, is exempt
3from this requirement.

4(ii) An out-of-state applicant who has been licensed for less
5than two years in clinical practice, as verified by the board, who
6does not meet the practicum requirement, shall remediate it by
7obtaining 150 hours of face-to-face counseling, and an additional
875 hours of either face-to-face counseling or client-centered
9advocacy, or a combination of face-to-face counseling and
10client-centered advocacy. These hours are in addition to the 3,000
11hours of experience required by this chapter, and shall be gained
12while registered as an intern.

13(D) Twelve semester or 18 quarter units in the areas of marriage,
14family, and child counseling and marital and family systems
15approaches to treatment, as specified in subparagraph (A) of
16paragraph (1) of subdivision (d) of Section 4980.36.

17(2) An applicant shall complete coursework in California law
18and ethics as follows:

19(A) An applicant who completed a course in law and
20professional ethics for marriage and family therapists as specified
21in paragraph (7) of subdivision (a) of Section 4980.81 that did not
22include instruction in California law and ethics, shall complete an
2318-hour course in California law and professional ethics. The
24content of the course shall include, but not be limited to,
25advertising, scope of practice, scope of competence, treatment of
26minors, confidentiality, dangerous patients, psychotherapist-patient
27privilege, recordkeeping, patient access to records, state and federal
28laws relating to confidentiality of patient health information, dual
29relationships, child abuse, elder and dependent adult abuse, online
30therapy, insurance reimbursement, civil liability, disciplinary
31actions and unprofessional conduct, ethics complaints and ethical
32standards, termination of therapy, standards of care, relevant family
33law, therapist disclosures to patients, differences in legal and ethical
34standards in different types of work settings, and licensing law
35and licensing process. This coursework shall be completed prior
36to registration as an intern.

37(B) An applicant who has not completed a course in law and
38professional ethics for marriage and family therapists as specified
39in paragraph (7) of subdivision (a) of Section 4980.81 shall
40complete this required coursework. The coursework shall include
P27   1content specific to California law and ethics. An applicant shall
2complete this coursework prior to registration as an intern.

3(3) The applicant completes the educational requirements
4specified in Section 4980.81 not already completed in his or her
5education. The coursework may be from an accredited school,
6college, or university as specified in paragraph (1), from an
7educational institution approved by the Bureau for Private
8Postsecondary Education, or from a continuing education provider
9that is acceptable to the board as defined in Section 4980.54.
10Undergraduate coursework shall not satisfy this requirement.

11(4) The applicant completes the following coursework not
12already completed in his or her education from an accredited
13school, college, or university as specified in paragraph (1) above,
14from an educational institution approved by the Bureau for Private
15Postsecondary Education, or from a continuing education provider
16that is acceptable to the board as defined in Section 4980.54.
17Undergraduate coursework shall not satisfy this requirement.

18(A) At least three semester units, or 45 hours, of instruction
19pertaining to the principles of mental health recovery-oriented care
20and methods of service delivery in recovery-oriented practice
21environments, including structured meetings with various
22consumers and family members of consumers of mental health
23services to enhance understanding of their experience of mental
24illness, treatment, and recovery.

25(B) At least one semester unit, or 15 hours, of instruction that
26includes an understanding of various California cultures and the
27social and psychological implications of socioeconomic position.

28(5) An applicant's degree title need not be identical to that
29required by subdivision (b) of Section 4980.36.

30(6) An applicant may complete any units and course content
31requirements required under paragraphs (3) and (4) not already
32completed in his or her education while registered as an intern,
33unless otherwise specified.

34

SEC. 14.  

Section 4992.05 of the Business and Professions
35Code
is amended to read:

36

4992.05.  

(a) Effective January 1, 2016, an applicant for
37licensure as a clinical social worker shall pass the following two
38examinations as prescribed by the board:

39(1) A California law and ethics examination.

40(2) A clinical examination.

P28   1(b) Upon registration with the board, an associatebegin insert clinicalend insert social
2worker registrant shall, within the first year of registration, take
3an examination on California law and ethics.

4(c) A registrant may take the clinical examination only upon
5 meeting all of the following requirements:

6(1) Completion of all education requirements.

7(2) Passage of the California law and ethics examination.

8(3) Completion of all required supervised work experience.

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

10

SEC. 15.  

Section 4996.18 of the Business and Professions
11Code
is amended to read:

12

4996.18.  

(a) A person who wishes to be credited with
13experience toward licensure requirements shall register with the
14board as an associate clinical social worker prior to obtaining that
15experience. The application shall be made on a form prescribed
16by the board.

17(b) An applicant for registration shall satisfy the following
18requirements:

19(1) Possess a master’s degree from an accredited school or
20department of social work.

21(2) Have committed no crimes or acts constituting grounds for
22denial of licensure under Section 480.

23(3) Commencing January 1, 2014, have completed training or
24 coursework, which may be embedded within more than one course,
25in California law and professional ethics for clinical social workers,
26including instruction in all of the following areas of study:

27(A) Contemporary professional ethics and statutes, regulations,
28and court decisions that delineate the scope of practice of clinical
29social work.

30(B) The therapeutic, clinical, and practical considerations
31involved in the legal and ethical practice of clinical social work,
32including, but not limited to, family law.

33(C) The current legal patterns and trends in the mental health
34professions.

35(D) The psychotherapist-patient privilege, confidentiality,
36dangerous patients, and the treatment of minors with and without
37parental consent.

38(E) A recognition and exploration of the relationship between
39a practitioner’s sense of self and human values, and his or her
40professional behavior and ethics.

P29   1(F) Differences in legal and ethical standards for different types
2of work settings.

3(G) Licensing law and process.

4(c) An applicant who possesses a master’s degree from a school
5or department of social work that is a candidate for accreditation
6by the Commission on Accreditation of the Council on Social
7Work Education shall be eligible, and shall be required, to register
8as an associate clinical social worker in order to gain experience
9toward licensure if the applicant has not committed any crimes or
10acts that constitute grounds for denial of licensure under Section
11480. That applicant shall not, however, be eligiblebegin delete forend deletebegin insert to take the
12clinicalend insert
examination until the school or department of social work
13has received accreditation by the Commission on Accreditation
14of the Council on Social Work Education.

15(d) All applicants and registrants shall be at all times under the
16supervision of a supervisor who shall be responsible for ensuring
17that the extent, kind, and quality of counseling performed is
18consistent with the training and experience of the person being
19supervised, and who shall be responsible to the board for
20compliance with all laws, rules, and regulations governing the
21practice of clinical social work.

22(e) Any experience obtained under the supervision of a spouse
23or relative by blood or marriage shall not be credited toward the
24required hours of supervised experience. Any experience obtained
25under the supervision of a supervisor with whom the applicant has
26a personal relationship that undermines the authority or
27effectiveness of the supervision shall not be credited toward the
28required hours of supervised experience.

29(f) An applicant who possesses a master’s degree from an
30accredited school or department of social work shall be able to
31apply experience the applicant obtained during the time the
32accredited school or department was in candidacy status by the
33Commission on Accreditation of the Council on Social Work
34Education toward the licensure requirements, if the experience
35meets the requirements of Section 4996.23. This subdivision shall
36apply retroactively to persons who possess a master’s degree from
37an accredited school or department of social work and who
38obtained experience during the time the accredited school or
39department was in candidacy status by the Commission on
40Accreditation of the Council on Social Work Education.

P30   1(g) An applicant for registration or licensure trained in an
2educational institution outside the United States shall demonstrate
3to the satisfaction of the board that he or she possesses a master’s
4of social work degree that is equivalent to a master’s degree issued
5from a school or department of social work that is accredited by
6the Commission on Accreditation of the Council on Social Work
7Education. These applicants shall provide the board with a
8comprehensive evaluation of the degree and shall provide any
9other documentation the board deems necessary. The board has
10the authority to make the final determination as to whether a degree
11meets all requirements, including, but not limited to, course
12requirements regardless of evaluation or accreditation.

13(h) A registrant shall not provide clinical social work services
14to the public for a fee, monetary or otherwise, except as an
15employee.

16(i) A registrant shall inform each client or patient prior to
17performing any professional services that he or she is unlicensed
18and is under the supervision of a licensed professional.

19

SEC. 16.  

Section 4996.23 of the Business and Professions
20Code
is amended to read:

21

4996.23.  

(a) To qualify for licensure as specified in Section
224996.2, each applicant shall complete 3,200 hours of post-master’s
23degree supervised experience related to the practice of clinical
24social work. The experience shall comply with the following:

25(1) At least 1,700 hours shall be gained under the supervision
26of a licensed clinical social worker. The remaining required
27supervised experience may be gained under the supervision of a
28licensed mental health professional acceptable to the board as
29defined by a regulation adopted by the board.

30(2) A minimum of 2,000 hours in clinical psychosocial
31diagnosis, assessment, and treatment, including psychotherapy or
32counseling.

33(3) A maximum of 1,200 hours in client centered advocacy,
34consultation, evaluation, research, direct supervisor contact, and
35workshops, seminars, training sessions, or conferences directly
36related to clinical social work that have been approved by the
37applicant’s supervisor.

38(4) Of the 2,000 clinical hours required in paragraph (2), no less
39than 750 hours shall be face-to-face individual or group
P31   1psychotherapy provided to clients in the context of clinical social
2work services.

3(5) A minimum of two years of supervised experience is required
4to be obtained over a period of not less than 104 weeks and shall
5have been gained within the six years immediately preceding the
6date on which the application for licensure was filed.

7(6) Experience shall not be credited for more than 40 hours in
8any week.

9(b) An individual who submits an application for examination
10eligibility between January 1, 2016, and December 31, 2020, may
11alternatively qualify under the experience requirements that were
12in place on January 1, 2015.

13(c) “Supervision” means responsibility for, and control of, the
14quality of clinical social work services being provided.
15Consultation or peer discussion shall not be considered to be
16supervision.

17(d) (1) Prior to the commencement of supervision, a supervisor
18shall comply with all requirements enumerated in Section 1870 of
19Title 16 of the California Code of Regulations and shall sign under
20penalty of perjury the “Responsibility Statement for Supervisors
21of an Associate Clinical Social Worker” form.

22(2) Supervised experience shall include at least one hour of
23direct supervisor contact for a minimum of 104 weeks. For
24purposes of this subdivision, “one hour of direct supervisor contact”
25means one hour per week of face-to-face contact on an individual
26basis or two hours of face-to-face contact in a group conducted
27within the same week as the hours claimed.

28(3) An associate shall receive at least one additional hour of
29direct supervisor contact for every week in which more than 10
30hours of face-to-face psychotherapy is performed in each setting
31in which experience is gained. No more than six hours of
32supervision, whether individual or group, shall be credited during
33any single week.

34(4) Supervision shall include at least one hour of direct
35supervisor contact during each week for which experience is gained
36in each work setting. Supervision is not required for experience
37gained attending workshops, seminars, training sessions, or
38conferences as described in paragraph (3) of subdivision (a).

P32   1(5) The six hours of supervision that may be credited during
2any single week pursuant to paragraph (3) shall apply only to
3supervision hours gained on or after January 1, 2010.

4(6) Group supervision shall be provided in a group of not more
5than eight supervisees and shall be provided in segments lasting
6no less than one continuous hour.

7(7) Of the 104 weeks of required supervision, 52 weeks shall
8be individual supervision, and of the 52 weeks of required
9individual supervision, not less than 13 weeks shall be supervised
10by a licensed clinical social worker.

11(8) Notwithstanding paragraph (2), an associate clinical social
12worker working for a governmental entity, school, college, or
13university, or an institution that is both a nonprofit and charitable
14institution, may obtain the required weekly direct supervisor
15contact via live two-way videoconferencing. The supervisor shall
16be responsible for ensuring that client confidentiality is preserved.

17(e) The supervisor and the associate shall develop a supervisory
18plan that describes the goals and objectives of supervision. These
19goals shall include the ongoing assessment of strengths and
20limitations and the assurance of practice in accordance with the
21laws and regulations. The associate shall submit to the board the
22initial original supervisory plan upon application for licensure.

23(f) Experience shall only be gained in a setting that meets both
24of the following:

25(1) Lawfully and regularly provides clinical social work, mental
26health counseling, or psychotherapy.

27(2) Provides oversight to ensure that the associate’s work at the
28setting meets the experience and supervision requirements set forth
29in this chapter and is within the scope of practice for the profession
30as defined in Section 4996.9.

31(g) Experience shall not be gained until the applicant has been
32registered as an associate clinical social worker.

33(h) Employment in a private practice as defined in subdivision
34(i) shall not commence until the applicant has been registered as
35an associate clinical social worker.

36(i) A private practice setting is a setting that is owned by a
37licensed clinical social worker, a licensed marriage and family
38therapist, a licensed psychologist, a licensed professional clinical
39counselor, a licensed physician and surgeon, or a professional
40corporation of any of those licensed professions.

begin insert

P33   1(j) Associates shall not be employed as independent contractors,
2and shall not gain experience for work performed as an
3independent contractor, reported on an IRS Form 1099, or both.

end insert
begin delete

4(j)

end delete

5begin insert(k)end insert If volunteering, the associate shall provide the board with a
6letter from his or her employer verifying his or her voluntary status
7upon application for licensure.

begin delete

8(k)

end delete

9begin insert(l)end insert If employed, the associate shall provide the board with copies
10of his or her W-2 tax forms for each year of experience claimed
11upon application for licensure.

begin delete

12(l)

end delete

13begin insert(m)end insert While an associate may be either a paid employee or
14volunteer, employers are encouraged to provide fair remuneration
15to associates.

begin delete

16(m)

end delete

17begin insert(n)end insert An associate shall not do the following:

18(1) Receive any remuneration from patients or clients and shall
19only be paid by his or her employer.

20(2) Have any proprietary interest in the employer’s business.

21(3) Lease or rent space, pay for furnishings, equipment, or
22supplies, or in any other way pay for the obligations of his or her
23employer.

begin delete

24(n)

end delete

25begin insert(o)end insert An associate, whether employed or volunteering, may obtain
26supervision from a person not employed by the associate’s
27employer if that person has signed a written agreement with the
28employer to take supervisory responsibility for the associate’s
29social work services.

begin delete

30(o)

end delete

31begin insert(p)end insert Notwithstanding any other provision of law, associates and
32applicants for examination shall receive a minimum of one hour
33of supervision per week for each setting in which he or she is
34working.

35

SEC. 17.  

Section 4999.12 of the Business and Professions
36Code
is amended to read:

37

4999.12.  

For purposes of this chapter, the following terms have
38the following meanings:

39(a) “Board” means the Board of Behavioral Sciences.

P34   1(b) “Accredited” means a school, college, or university
2accredited bybegin delete the Western Association of Schools and Colleges,
3or its equivalent regional accrediting association.end delete
begin insert a regional or
4national institutional accrediting agency that is recognized by the
5United States Department of Education.end insert

6(c) “Approved” means a school, college, or university that
7possessed unconditional approval by the Bureau for Private
8Postsecondary Education at the time of the applicant’s graduation
9from the school, college, or university.

10(d) “Applicant” means an unlicensed person who has completed
11a master’s or doctoral degree program, as specified in Section
124999.32 or 4999.33, as applicable, and whose application for
13registration as an intern is pending or who has applied for
14examination eligibility, or an unlicensed person who has completed
15the requirements for licensure specified in this chapter and is no
16longer registered with the board as an intern.

17(e) “Licensed professional clinical counselor” or “LPCC” means
18a person licensed under this chapter to practice professional clinical
19counseling, as defined in Section 4999.20.

20(f) “Intern” means an unlicensed person who meets the
21requirements of Section 4999.42 and is registered with the board.

22(g) “Clinical counselor trainee” means an unlicensed person
23who is currently enrolled in a master’s or doctoral degree program,
24as specified in Section 4999.32 or 4999.33, as applicable, that is
25designed to qualify him or her for licensure under this chapter, and
26who has completed no less than 12 semester units or 18 quarter
27units of coursework in any qualifying degree program.

28(h) “Approved supervisor” means an individual who meets the
29following requirements:

30(1) Has documented two years of clinical experience as a
31licensed professional clinical counselor, licensed marriage and
32family therapist, licensed clinical psychologist, licensed clinical
33social worker, or licensed physician and surgeon who is certified
34in psychiatry by the American Board of Psychiatry and Neurology.

35(2) Has received professional training in supervision.

36(3) Has not provided therapeutic services to the clinical
37counselor trainee or intern.

38(4) Has a current and valid license that is not under suspension
39or probation.

P35   1(i) “Client centered advocacy” includes, but is not limited to,
2researching, identifying, and accessing resources, or other activities,
3related to obtaining or providing services and supports for clients
4or groups of clients receiving psychotherapy or counseling services.

5(j) “Advertising” or “advertise” includes, but is not limited to,
6the issuance of any card, sign, or device to any person, or the
7causing, permitting, or allowing of any sign or marking on, or in,
8any building or structure, or in any newspaper or magazine or in
9any directory, or any printed matter whatsoever, with or without
10any limiting qualification. It also includes business solicitations
11communicated by radio or television broadcasting. Signs within
12church buildings or notices in church bulletins mailed to a
13congregation shall not be construed as advertising within the
14meaning of this chapter.

15(k) “Referral” means evaluating and identifying the needs of a
16client to determine whether it is advisable to refer the client to
17other specialists, informing the client of that judgment, and
18communicating that determination as requested or deemed
19appropriate to referral sources.

20(l) “Research” means a systematic effort to collect, analyze, and
21interpret quantitative and qualitative data that describes how social
22characteristics, behavior, emotion, cognitions, disabilities, mental
23disorders, and interpersonal transactions among individuals and
24organizations interact.

25(m) “Supervision” includes the following:

26(1) Ensuring that the extent, kind, and quality of counseling
27performed is consistent with the education, training, and experience
28of the person being supervised.

29(2) Reviewing client or patient records, monitoring and
30evaluating assessment, diagnosis, and treatment decisions of the
31clinical counselor trainee.

32(3) Monitoring and evaluating the ability of the intern or clinical
33counselor trainee to provide services to the particular clientele at
34the site or sites where he or she will be practicing.

35(4) Ensuring compliance with laws and regulations governing
36the practice of licensed professional clinical counseling.

37(5) That amount of direct observation, or review of audio or
38videotapes of counseling or therapy, as deemed appropriate by the
39supervisor.

P36   1

SEC. 18.  

Section 4999.12.5 is added to the Business and
2Professions Code
, to read:

3

4999.12.5.  

(a) The title “professional clinical counselor intern”
4or “professional clinical counselor registered intern” is hereby
5renamed “associate professional clinical counselor” or “registered
6associate professional clinical counselor,” respectively. Any
7reference in any statute or regulation to a “professional clinical
8counselor intern” or “professional clinical counselor registered
9intern” shall be deemed a reference to an “associate professional
10clinical counselor” or “registered associate professional clinical
11counselor.”

12(b) Nothing in this section shall be construed to expand or
13constrict the scope of practice of a person licensed or registered
14pursuant to this chapter.

15(c) This section shall become operative January 1, 2018.

16

SEC. 19.  

Section 4999.40 of the Business and Professions
17Code
is amended to read:

18

4999.40.  

(a) Each educational institution preparing applicants
19to qualify for licensure shall notify each of its students by means
20of its public documents or otherwise in writing that its degree
21program is designed to meet the requirements of Section 4999.32
22or 4999.33 and shall certify to the board that it has so notified its
23students.

begin insert

24(b) An applicant for registration or licensure shall submit to
25the board a certification by the applicant’s educational institution
26that the institution’s required curriculum for graduation and any
27associated coursework completed by the applicant does one of the
28following:

end insert
begin insert

29(1) Meets all of the requirements set forth in Section 4999.32.

end insert
begin insert

30(2) Meets all of the requirements set forth in Section 4999.33.

end insert
begin delete

31(b)

end delete

32begin insert(c)end insert An applicant trained at an educational institution outside the
33United States shall demonstrate to the satisfaction of the board
34that he or she possesses a qualifying degree that is equivalent to a
35degree earned from an institution of higher education that is
36accredited or approved. These applicants shall provide the board
37with a comprehensive evaluation of the degree performed by a
38foreign credential evaluation service that is a member of the
39National Association of Credential Evaluation Services and shall
40provide any other documentation the board deems necessary.

P37   1

SEC. 20.  

Section 4999.47 of the Business and Professions
2Code
is amended to read:

3

4999.47.  

(a) Clinical counselor trainees, interns, and applicants
4shall perform services only as an employee or as a volunteer.

5The requirements of this chapter regarding gaining hours of
6clinical mental health experience and supervision are applicable
7equally to employees and volunteers.begin delete Experience shall not be
8gained by interns or trainees as an independent contractor.end delete

9begin insert Associates and trainees shall not be employed as independent
10contractors, and shall not gain experience for work performed as
11an independent contractor, reported on an IRS Form 1099, or
12bothend insert
begin insert.end insert

13(1) If employed, a clinical counselor intern shall provide the
14board with copies of the corresponding W-2 tax forms for each
15year of experience claimed upon application for licensure as a
16professional clinical counselor.

17(2) If volunteering, a clinical counselor intern shall provide the
18board with a letter from his or her employer verifying the intern’s
19employment as a volunteer upon application for licensure as a
20professional clinical counselor.

21(b) Clinical counselor trainees, interns, and applicants shall not
22receive any remuneration from patients or clients, and shall only
23be paid by their employers.

24(c) While an intern may be either a paid employee or a volunteer,
25employers are encouraged to provide fair remuneration.

26(d) Clinical counselor trainees, interns, and applicants who
27provide voluntary services or other services, and who receive no
28more than a total, from all work settings, of five hundred dollars
29($500) per month as reimbursement for expenses actually incurred
30by those clinical counselor trainees, interns, and applicants for
31services rendered in any lawful work setting other than a private
32practice shall be considered an employee and not an independent
33contractor.

34(e) The board may audit an intern or applicant who receives
35reimbursement for expenses and the intern or applicant shall have
36the burden of demonstrating that the payments received were for
37reimbursement of expenses actually incurred.

38(f) Clinical counselor trainees, interns, and applicants shall only
39perform services at the place where their employer regularly
40 conducts business and services, which may include other locations,
P38   1as long as the services are performed under the direction and
2control of the employer and supervisor in compliance with the
3laws and regulations pertaining to supervision. Clinical counselor
4trainees, interns, and applicants shall have no proprietary interest
5in the employer’s business.

6(g) Each educational institution preparing applicants for
7licensure pursuant to this chapter shall consider requiring, and
8shall encourage, its students to undergo individual, marital or
9conjoint, family, or group counseling or psychotherapy, as
10appropriate. Each supervisor shall consider, advise, and encourage
11his or her interns and clinical counselor trainees regarding the
12advisability of undertaking individual, marital or conjoint, family,
13or group counseling or psychotherapy, as appropriate. Insofar as
14it is deemed appropriate and is desired by the applicant, the
15educational institution and supervisors are encouraged to assist
16the applicant in locating that counseling or psychotherapy at a
17reasonable cost.

18

SEC. 21.  

Section 4999.52 of the Business and Professions
19Code
is amended to read:

20

4999.52.  

(a) begin deleteExcept as provided in Section 4999.54, every end delete
21begin insertEvery end insertapplicant for a license as a professional clinical counselor
22shall be examined by the board. The board shall examine the
23candidate with regard to his or her knowledge and professional
24skills and his or her judgment in the utilization of appropriate
25techniques and methods.

26(b) The examinations shall be given at least twice a year at a
27time and place and under supervision as the board may determine.

28(c) The board shall not deny any applicant who has submitted
29a complete application for examination admission to the licensure
30examinations required by this section if the applicant meets the
31educational and experience requirements of this chapter, and has
32not committed any acts or engaged in any conduct that would
33constitute grounds to deny licensure.

34(d) The board shall not deny any applicant whose application
35for licensure is complete admission to the examinations specified
36by paragraph (2) of subdivision (a) of Section 4999.53, nor shall
37the board postpone or delay this examination for any applicant or
38delay informing the candidate of the results of this examination,
39solely upon the receipt by the board of a complaint alleging acts
40or conduct that would constitute grounds to deny licensure.

P39   1(e) If an applicant for the examination specified by paragraph
2(2) of subdivision (a) of Section 4999.53, who has passed the
3California law and ethics examination, is the subject of a complaint
4or is under board investigation for acts or conduct that, if proven
5to be true, would constitute grounds for the board to deny licensure,
6the board shall permit the applicant to take this examination, but
7may notify the applicant that licensure will not be granted pending
8completion of the investigation.

9(f) Notwithstanding Section 135, the board may deny any
10applicant who has previously failed either the California law and
11ethics examination, or the examination specified by paragraph (2)
12of subdivision (a) of Section 4999.53, permission to retake either
13examination pending completion of the investigation of any
14complaints against the applicant.

15(g) Nothing in this section shall prohibit the board from denying
16an applicant admission to any examination, withholding the results,
17 or refusing to issue a license to any applicant when an accusation
18or statement of issues has been filed against the applicant pursuant
19to Section 11503 or 11504 of the Government Code, respectively,
20or the application has been denied in accordance with subdivision
21(b) of Section 485.

22(h) Notwithstanding any other provision of law, the board may
23destroy all examination materials two years following the date of
24an examination.

25(i) On and after January 1, 2016, the examination specified by
26paragraph (2) of subdivision (a) of Section 4999.53 shall be passed
27within seven years of an applicant’s initial attempt.

28(j) A passing score on the clinical examination shall be accepted
29by the board for a period of seven years from the date the
30examination was taken.

31(k) No applicant shall be eligible to participate in the
32examination specified by paragraph (2) of subdivision (a) of
33Section 4999.53, if he or she fails to obtain a passing score on this
34examination within seven years from his or her initial attempt. If
35the applicant fails to obtain a passing score within seven years of
36initial attempt, he or she shall obtain a passing score on the current
37version of the California law and ethics examination in order to
38be eligible to retake this examination.

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

P40   1

SEC. 22.  

Section 4999.54 of the Business and Professions
2Code
is repealed.

begin delete
3

4999.54.  

(a) Notwithstanding Section 4999.50, the board may
4issue a license to any person who submits an application for a
5license between January 1, 2011, and December 31, 2011, provided
6that all documentation is submitted within 12 months of the board’s
7evaluation of the application, and provided he or she meets one of
8the following sets of criteria:

9(1) He or she meets all of the following requirements:

10(A) Has a master’s or doctoral degree from a school, college,
11or university as specified in Section 4999.32, that is counseling or
12psychotherapy in content. If the person’s degree does not include
13all the graduate coursework in all nine core content areas as
14 required by paragraph (1) of subdivision (c) of Section 4999.32,
15a person shall provide documentation that he or she has completed
16the required coursework prior to licensure pursuant to this chapter.
17Except as specified in clause (ii), a qualifying degree must include
18the supervised practicum or field study experience as required in
19paragraph (3) of subdivision (c) of Section 4999.32.

20(i) A counselor educator whose degree contains at least seven
21of the nine required core content areas shall be given credit for
22coursework not contained in the degree if the counselor educator
23provides documentation that he or she has taught the equivalent
24of the required core content areas in a graduate program in
25counseling or a related area.

26(ii) Degrees issued prior to 1996 shall include a minimum of
2730 semester units or 45 quarter units and at least six of the nine
28required core content areas specified in paragraph (1) of subdivision
29(c) of Section 4999.32 and three semester units or four and one-half
30quarter units of supervised practicum or field study experience.
31The total number of units shall be no less than 48 semester units
32or 72 quarter units.

33(iii) Degrees issued in 1996 and after shall include a minimum
34of 48 semester units or 72 quarter units and at least seven of the
35nine core content areas specified in paragraph (1) of subdivision
36(c) of Section 4999.32.

37(B) Has completed all of the coursework or training specified
38in subdivision (e) of Section 4999.32.

39(C) Has at least two years, full-time or the equivalent, of
40postdegree counseling experience, that includes at least 1,700 hours
P41   1of experience in a clinical setting supervised by a licensed marriage
2and family therapist, a licensed clinical social worker, a licensed
3psychologist, a licensed physician and surgeon specializing in
4psychiatry, a professional clinical counselor or a person who is
5licensed in another state to independently practice professional
6clinical counseling, as defined in Section 4999.20, or a master’s
7level counselor or therapist who is certified by a national certifying
8or registering organization, including, but not limited to, the
9National Board for Certified Counselors or the Commission on
10Rehabilitation Counselor Certification.

11(D) Has a passing score on the following examinations:

12(i) The National Counselor Examination for Licensure and
13Certification or the Certified Rehabilitation Counselor
14Examination.

15(ii) The National Clinical Mental Health Counselor Examination.

16(iii) A California jurisprudence and ethics examination, when
17developed by the board.

18(2) Is currently licensed as a marriage and family therapist in
19the State of California, meets the coursework requirements
20described in subparagraph (A) of paragraph (1), and passes the
21examination described in subdivision (b).

22(3) Is currently licensed as a clinical social worker in the State
23of California, meets the coursework requirements described in
24subparagraph (A) of paragraph (1), and passes the examination
25described in subdivision (b).

26(b) (1) The board and the Office of Professional Examination
27Services shall jointly develop an examination on the differences,
28if any differences exist, between the following:

29(A) The practice of professional clinical counseling and the
30practice of marriage and family therapy.

31(B) The practice of professional clinical counseling and the
32practice of clinical social work.

33(2) If the board, in consultation with the Office of Professional
34Examination Services, determines that an examination is necessary
35pursuant to this subdivision, an applicant described in paragraphs
36(2) and (3) of subdivision (a) shall pass the examination as a
37condition of licensure.

38(c) Nothing in this section shall be construed to expand or
39constrict the scope of practice of professional clinical counseling,
40as defined in Section 4999.20.

end delete
P42   1

SEC. 23.  

Section 4999.60 of the Business and Professions
2Code
is amended to read:

3

4999.60.  

(a) This section applies to persons who are licensed
4outside of California and apply for examination eligibility on or
5after January 1, 2016.

6(b) The board may issue a license to a person who, at the time
7of submitting an application for a license pursuant to this chapter,
8holds a valid license as a professional clinical counselor, or other
9counseling license that allows the applicant to independently
10provide clinical mental health services, in another jurisdiction of
11the United States, if all of the following conditions are satisfied:

12(1) The applicant’s education is substantially equivalent, as
13defined in Section 4999.63.

14(2) The applicant complies with subdivisionbegin delete (b)end deletebegin insert (c)end insert of Section
154999.40, if applicable.

16(3) The applicant’s supervised experience is substantially
17equivalent to that required for a license under this chapter. The
18board shall consider hours of experience obtained outside of
19California during the six-year period immediately preceding the
20date the applicant initially obtained the license described above.
21If the applicant has less than 3,000 hours of qualifying supervised
22experience, time actively licensed as a professional clinical
23counselor shall be accepted at a rate of 100 hours per month up to
24a maximum of 1,200 hours if the applicant’s degree meets the
25practicum requirement described in subparagraph (C) of paragraph
26(1) of subdivision (b) of Section 4999.63 without exemptions or
27remediation.

28(4) The applicant passes the examinations required to obtain a
29license under this chapter. An applicant who obtained his or her
30license or registration under another jurisdiction may apply for
31licensure with the board without taking the clinical examination
32if both of the following conditions are met:

33(A) The applicant obtained a passing score on the licensing
34examination set forth in regulation as accepted by the board.

35(B) The applicant’s license or registration in that jurisdiction is
36in good standing at the time of his or her application and is not
37revoked, suspended, surrendered, denied, or otherwise restricted
38or encumbered.

39

SEC. 24.  

Section 4999.61 of the Business and Professions
40Code
is amended to read:

P43   1

4999.61.  

(a) This section applies to persons who apply for
2examination eligibility or registration on or after January 1, 2016,
3and who do not hold a license as described in Section 4999.60.

4(b) The board shall accept education gained while residing
5outside of California for purposes of satisfying licensure or
6registration requirements if the education is substantially
7equivalent, as defined in Section 4999.62, and the applicant
8complies with subdivisionbegin delete (b)end deletebegin insert (c)end insert of Section 4999.40, if applicable.

9(c) The board shall accept experience gained outside of
10California for purposes of satisfying licensure or registration
11requirements if the experience is substantially equivalent to that
12required by this chapter.

13

SEC. 25.  

Section 4999.120 of the Business and Professions
14Code
is amended to read:

15

4999.120.  

The board shall assess fees for the application for
16and the issuance and renewal of licenses and for the registration
17of interns to cover administrative and operating expenses of the
18board related to this chapter. Fees assessed pursuant to this section
19shall not exceed the following:

20(a) The fee for the application for examination eligibility shall
21be up to two hundred fifty dollars ($250).

22(b) The fee for the application for intern registration shall be up
23to one hundred fifty dollars ($150).

24(c) The fee for the application for licensure shall be up to one
25hundred eighty dollars ($180).

26(d) The fee for the board-administered clinical examination, if
27the board chooses to adopt this examination in regulations, shall
28be up to two hundred fifty dollars ($250).

29(e) The fee for the law and ethics examination shall be up to
30one hundred fifty dollars ($150).

begin delete

31(f) The fee for the examination described in subdivision (b) of
32Section 4999.54 shall be up to one hundred dollars ($100).

end delete
begin delete

33(g)

end delete

34begin insert(f)end insert The fee for the issuance of a license shall be up to two
35hundred fifty dollars ($250).

begin delete

36(h)

end delete

37begin insert(g)end insert The fee for annual renewal of an intern registration shall be
38up to one hundred fifty dollars ($150).

begin delete

39(i)

end delete

P44   1begin insert(h)end insert The fee for two-year renewal of licenses shall be up to two
2hundred fifty dollars ($250).

begin delete

3(j)

end delete

4begin insert(i)end insert The fee for issuance of a retired license shall be forty dollars
5($40).

begin delete

6(k)

end delete

7begin insert(j)end insert The fee for rescoring an examination shall be twenty dollars
8($20).

begin delete

9(l)

end delete

10begin insert(k)end insert The fee for issuance of a replacement license or registration
11shall be twenty dollars ($20).

begin delete

12(m)

end delete

13begin insert(l)end insert The fee for issuance of a certificate or letter of good standing
14shall be twenty-five dollars ($25).

15

SEC. 26.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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