Amended in Assembly August 18, 2016

Senate BillNo. 1478


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

March 10, 2016


An act to amend Sectionsbegin insert 27, 208,end insert 1632, 1634.1, 2467,begin insert 2541.3, 2541.6, 2545, 2550, 2550.1, 2552, 2553, 2554, 2555, 2555.1, 2558, 2559, 2559.2, 2559.3, 2559.5, 2561, 2563, 3027,end insert 4980.36, 4980.37, 4980.43, 4980.78, 4980.79,begin insert 4980.81,end insert 4992.05,begin insert 4996.3,end insert 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,begin insert 2540.1,end insert 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 amended, 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.

begin insert

(1) Existing law requires a Controlled Substance Utilization Review and Evaluation System (CURES) fee of $6 to be assessed annually, at the time of license renewal, on specified licensees to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees.

end insert
begin insert

The bill would, beginning July 1, 2017, except as specified, exempt licensees issued a license placed in a retired or inactive status from the CURES fee requirement.

end insert
begin delete

(1)

end delete

begin insert(2)end insert 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.

begin delete

(2)

end delete

begin insert(3)end insert 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.

begin delete

(3)

end delete

begin insert(4)end insert 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.

begin delete

(4)

end delete

begin insert(5)end insert 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.

begin insert

(6) Under existing law, any person who violates any of the provisions governing prescription lenses is subject to a specified fine per violation. Existing law requires the fines from licensed physicians and surgeons and registered dispensing opticians to be available upon appropriation to the Medical Board of California for the purposes of administration and enforcement. Existing law requires the fines from licensed optometrists to be deposited into the Optometry Fund and to be available upon appropriation to the State Board of Optometry for the purposes of administration and enforcement. Beginning January 1, 2016, existing law makes the State Board of Optometry responsible for the registration and regulation of registered dispensing opticians.

end insert
begin insert

This bill would instead require fines from registered dispensing opticians to be deposited in the Dispensing Opticians Fund and to be available upon appropriation to the State Board of Optometry.

end insert
begin delete

(5)

end delete

begin insert(7)end insert 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 abegin delete crime,end deletebegin insert crime in the Licensed Marriage and Family Therapist Act,end insert 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.

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Existing law requires these applicants to meet specified educational requirements, including a minimum of two semester units of instruction in the diagnosis, assessment, prognosis, and treatment of mental disorders, including severe mental disorders, evidence-based practices, psychological testing, psychopharmacology, and promising mental health practices that are evaluated in peer-reviewed literature. Existing law requires these specified educational requirements to include at least one semester unit or 15 hours of instruction in psychological testing and at least one semester unit or 15 hours of instruction in psychopharmacology.

end insert
begin insert

This bill would recast that instruction in psychological testing and psychopharmacology as a separate educational requirement.

end insert

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.begin insert Existing law requires an applicant seeking licensure as a professional clinical counselor or a marriage and family therapist to possess a degree that contains a practicum coursework requirement that may be satisfied by conducting face-to-face counseling.end insert 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.begin insert The bill would specify that the face-to-face counseling requirement of the practicum coursework be face-to-face counseling of individuals, couples, families, or groups.end insert

begin insert

(D) Existing law, the Clinical Social Worker Practice Act, requires applicants for licensure as a clinical social worker to pass a clinical examination. Existing regulatory law requires the clinical examination to be the Association of Social Work Boards Clinical Examination. Existing law authorizes a fee for the clinical examination in the amount of $100.

end insert
begin insert

This bill would specify that the fee only applies to a board-administered clinical examination.

end insert
begin delete

(D)

end delete

begin insert(E)end insert 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.begin insert The act requires the Board of Behavioral Sciences to accept education gained while residing outside of California if the education is substantially equivalent, as specified.end insert

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.begin insert The bill would instead require the board to accept education gained from an out-of-state school if the education is substantially similar.end insert

begin delete

(6)

end delete

begin insert (8)end insert This bill would additionally delete various obsolete provisions, make conforming changes, and make other nonsubstantive changes.

begin delete

(7) The

end delete
begin insert end insertbegin insert

(9) This bill would incorporate additional changes to Section 1632 of the Business and Professions Code proposed by AB 2331, that would become operative only if AB 2331 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

begin insert(10)end insertbegin insertend insertbegin insertTheend insert 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:

P6    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 27 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert,
2as amended by Section 1 of Chapter 32 of the Statutes of 2016, is
3amended to read:end insert

4

27.  

(a) Each entity specified in subdivisions (c), (d), and (e)
5shall provide on the Internet information regarding the status of
6every license issued by that entity in accordance with the California
P7    1Public Records Act (Chapter 3.5 (commencing with Section 6250)
2of Division 7 of Title 1 of the Government Code) and the
3Information Practices Act of 1977 (Chapter 1 (commencing with
4Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
5The public information to be provided on the Internet shall include
6information on suspensions and revocations of licenses issued by
7the entity and other related enforcement action, including
8accusations filed pursuant to the Administrative Procedure Act
9(Chapter 3.5 (commencing with Section 11340) of Part 1 of
10Division 3 of Title 2 of the Government Code) taken by the entity
11relative to persons, businesses, or facilities subject to licensure or
12regulation by the entity. The information may not include personal
13information, including home telephone number, date of birth, or
14social security number. Each entity shall disclose a licensee’s
15address of record. However, each entity shall allow a licensee to
16provide a post office box number or other alternate address, instead
17of his or her home address, as the address of record. This section
18shall not preclude an entity from also requiring a licensee, who
19has provided a post office box number or other alternative mailing
20address as his or her address of record, to provide a physical
21business address or residence address only for the entity’s internal
22administrative use and not for disclosure as the licensee’s address
23of record or disclosure on the Internet.

24(b) In providing information on the Internet, each entity specified
25in subdivisions (c) and (d) shall comply with the Department of
26Consumer Affairs’ guidelines for access to public records.

27(c) Each of the following entities within the Department of
28Consumer Affairs shall comply with the requirements of this
29section:

30(1) The Board for Professional Engineers, Land Surveyors, and
31Geologists shall disclose information on its registrants and
32licensees.

33(2) The Bureau of Automotive Repair shall disclose information
34on its licensees, including auto repair dealers, smog stations, lamp
35and brake stations, smog check technicians, and smog inspection
36certification stations.

37(3) The Bureau of Electronic and Appliance Repair, Home
38Furnishings, and Thermal Insulation shall disclose information on
39its licensees and registrants, including major appliance repair
40dealers, combination dealers (electronic and appliance), electronic
P8    1repair dealers, service contract sellers, and service contract
2administrators.

3(4) The Cemetery and Funeral Bureau shall disclose information
4on its licensees, including cemetery brokers, cemetery salespersons,
5cemetery managers, crematory managers, cemetery authorities,
6crematories, cremated remains disposers, embalmers, funeral
7establishments, and funeral directors.

8(5) The Professional Fiduciaries Bureau shall disclose
9information on its licensees.

10(6) The Contractors’ State License Board shall disclose
11information on its licensees and registrants in accordance with
12Chapter 9 (commencing with Section 7000) of Division 3. In
13addition to information related to licenses as specified in
14subdivision (a), the board shall also disclose information provided
15to the board by the Labor Commissioner pursuant to Section 98.9
16of the Labor Code.

17(7) The Bureau for Private Postsecondary Education shall
18disclose information on private postsecondary institutions under
19its jurisdiction, including disclosure of notices to comply issued
20pursuant to Section 94935 of the Education Code.

21(8) The California Board of Accountancy shall disclose
22information on its licensees and registrants.

23(9) The California Architects Board shall disclose information
24on its licensees, including architects and landscape architects.

25(10) The State Athletic Commission shall disclose information
26on its licensees and registrants.

27(11) The State Board of Barbering and Cosmetology shall
28disclose information on its licensees.

29(12) The State Board of Guide Dogs for the Blind shall disclose
30information on its licensees and registrants.

31(13) The Acupuncture Board shall disclose information on its
32licensees.

33(14) The Board of Behavioral Sciences shall disclose
34information on its licensees, including licensed marriage and family
35therapists, licensed clinical social workers, licensed educational
36psychologists, and licensed professional clinical counselors.

37(15) The Dental Board of California shall disclose information
38on its licensees.

39(16) The State Board of Optometry shall disclose information begin delete40 regarding certificates of registration to practice optometry,
P9    1 statements of licensure, optometric corporation registrations, branch
2office licenses, and fictitious name permits of its licensees.end delete
begin insert on its
3licensees and registrants.end insert

4(17) The Board of Psychology shall disclose information on its
5licensees, including psychologists, psychological assistants, and
6registered psychologists.

7(d) The State Board of Chiropractic Examiners shall disclose
8information on its licensees.

9(e) The Structural Pest Control Board shall disclose information
10on its licensees, including applicators, field representatives, and
11operators in the areas of fumigation, general pest and wood
12destroying pests and organisms, and wood roof cleaning and
13treatment.

14(f) The Bureau of Medical Cannabis Regulation shall disclose
15information on its licensees.

16(g) “Internet” for the purposes of this section has the meaning
17set forth in paragraph (6) of subdivision (f) of Section 17538.

18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 208 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
19amended to read:end insert

20

208.  

(a) Beginning April 1, 2014, abegin delete CURESend deletebegin insert Controlled
21Substance Utilization Review and Evaluation System (CURES)end insert

22 fee of six dollars ($6) shall be assessed annually on each of the
23licensees specified in subdivision (b) to pay the reasonable costs
24associated with operating and maintaining CURES for the purpose
25of regulating those licensees. The fee assessed pursuant to this
26subdivision shall be billed and collected by the regulating agency
27of each licensee at the time of the licensee’s license renewal. If
28the reasonable regulatory cost of operating and maintaining CURES
29is less than six dollars ($6) per licensee, the Department of
30Consumer Affairs may, by regulation, reduce the fee established
31by this section to the reasonable regulatory cost.

32(b) (1) Licensees authorized pursuant to Section 11150 of the
33Health and Safety Code to prescribe, order, administer, furnish,
34or dispense Schedule II, Schedule III, or Schedule IV controlled
35substances or pharmacists licensed pursuant to Chapter 9
36(commencing with Section 4000) of Division 2.

begin insert

37
(2) Beginning July 1, 2017, licensees issued a license that has
38been placed in a retired or inactive status pursuant to a statute or
39regulation are exempt from the CURES fee requirement in
40subdivision (a). This exemption shall not apply to licensees whose
P10   1license has been placed in a retired or inactive status if the licensee
2is at any time authorized to prescribe, order, administer, furnish,
3 or dispense Schedule II, Schedule III, or Schedule IV controlled
4substances.

end insert
begin delete

5(2)

end delete

6begin insert(3)end insert Wholesalers, third-party logistics providers, nonresident
7wholesalers, and nonresident third-party logistics providers of
8dangerous drugs licensed pursuant to Article 11 (commencing with
9Section 4160) of Chapter 9 of Division 2.

begin delete

10(3)

end delete

11begin insert(4)end insert Nongovernmental clinics licensed pursuant to Article 13
12(commencing with Section 4180) and Article 14 (commencing
13with Section 4190) of Chapter 9 of Division 2.

begin delete

14(4)

end delete

15begin insert(5)end insert Nongovernmental pharmacies licensed pursuant to Article
167 (commencing with Section 4110) of Chapter 9 of Division 2.

17(c) The funds collected pursuant to subdivision (a) shall be
18deposited in the CURES Fund, which is hereby created within the
19State Treasury. Moneys in the CURES Fund shall, upon
20appropriation by the Legislature, be available to the Department
21of Consumer Affairs to reimburse the Department of Justice for
22costs to operate and maintain CURES for the purposes of regulating
23the licensees specified in subdivision (b).

24(d) The Department of Consumer Affairs shall contract with
25the Department of Justice on behalf of the Medical Board of
26California, the Dental Board of California, the California State
27Board of Pharmacy, the Veterinary Medical Board, the Board of
28Registered Nursing, the Physician Assistant Board of the Medical
29Board of California, the Osteopathic Medical Board of California,
30the Naturopathic Medicine Committee of the Osteopathic Medical
31Board, the State Board of Optometry, and the California Board of
32Podiatric Medicine to operate and maintain CURES for the
33purposes of regulating the licensees specified in subdivision (b).

34

begin deleteSECTION 1.end delete
35
begin insertSEC. 3.end insert  

Section 852 of the Business and Professions Code is
36repealed.

37

begin deleteSEC. 2.end delete
38
begin insertSEC. 4.end insert  

Section 1632 of the Business and Professions Code is
39amended to read:

P11   1

1632.  

(a) The board shall require each applicant to successfully
2complete the written examination of the National Board Dental
3Examination of the Joint Commission on National Dental
4Examinations.

5(b) The board shall require each applicant to successfully
6complete an examination in California law and ethics developed
7and administered by the board. The board shall provide a separate
8application for this examination. The board shall ensure that the
9law and ethics examination reflects current law and regulations,
10and ensure that the examinations are randomized. Applicants shall
11submit this application and required fee to the board in order to
12take this examination. In addition to the aforementioned
13application, the only other requirement for taking this examination
14shall be certification from the dean of the qualifying dental school
15attended by the applicant that the applicant has graduated, or will
16graduate, or is expected to graduate. Applicants who submit
17completed applications and certification from the dean at least 15
18days prior to a scheduled examination shall be scheduled to take
19the examination. Successful results of the examination shall, as
20established by board regulation, remain valid for two years from
21the date that the applicant is notified of having passed the
22examination.

23(c) Except as otherwise provided in Section 1632.5, the board
24shall require each applicant to have taken and received a passing
25score on one of the following:

26(1) A portfolio examination of the applicant’s competence to
27enter the practice of dentistry. This examination shall be conducted
28while the applicant is enrolled in a dental school program at a
29board-approved school located in California. This examination
30shall utilize uniform standards of clinical experiences and
31competencies, as approved by the board pursuant to Section 1632.1.
32The applicant shall pass a final assessment of the submitted
33portfolio at the end of his or her dental school program. Before
34any portfolio assessment may be submitted to the board, the
35applicant shall remit the required fee to the board to be deposited
36into the State Dentistry Fund, and a letter of good standing signed
37by the dean of his or her dental school or his or her delegate stating
38that the applicant has graduated or will graduate with no pending
39ethical issues.

P12   1(A) The portfolio examination shall not be conducted until the
2board adopts regulations to carry out this paragraph. The board
3shall post notice on its Internet Web site when these regulations
4have been adopted.

5(B) The board shall also provide written notice to the Legislature
6and the Legislative Counsel when these regulations have been
7adopted.

8(2) A clinical and written examination administered by the
9Western Regional Examining Board, which board shall determine
10the passing score for that examination.

11(d) Notwithstanding subdivision (b) of Section 1628, the board
12is authorized to do either of the following:

13(1) Approve an application for examination from, and to
14examine an applicant who is enrolled in, but has not yet graduated
15from, a reputable dental school approved by the board.

16(2) Accept the results of an examination described in paragraph
17(2) of subdivision (c) submitted by an applicant who was enrolled
18in, but had not graduated from, a reputable dental school approved
19by the board at the time the examination was administered.

20In either case, the board shall require the dean of that school or
21his or her delegate to furnish satisfactory proof that the applicant
22will graduate within one year of the date the examination was
23administered or as provided in paragraph (1) of subdivision (c).

24begin insert

begin insertSEC. 4.5.end insert  

end insert

begin insertSection 1632 of the end insertbegin insertBusiness and Professions Codeend insert
25
begin insert is amended to read:end insert

26

1632.  

(a) The board shall require each applicant to successfully
27complete thebegin delete Part I and Part II written examinationsend deletebegin insert written
28examinationend insert
of the National Board Dental Examination of the Joint
29Commission on National Dental Examinations.

30(b) The board shall require each applicant to successfully
31complete an examination in California law and ethics developed
32and administered by the board. The board shall provide a separate
33application for this examination. The board shall ensure that the
34law and ethics examination reflects current law and regulations,
35and ensure that the examinations are randomized. Applicants shall
36submit this application and required fee to the board in order to
37take this examination. In addition to the aforementioned
38application, the only other requirement for taking this examination
39shall be certification from the dean of the qualifying dental school
40attended by the applicant that the applicant has graduated, or will
P13   1graduate, or is expected to graduate. Applicants who submit
2completed applications and certification from the dean at least 15
3days prior to a scheduled examination shall be scheduled to take
4the examination. Successful results of the examination shall, as
5established by board regulation, remain valid for two years from
6the date that the applicant is notified of having passed the
7examination.

8(c) Except as otherwise provided in Section 1632.5, the board
9shall require each applicant to have taken and received a passing
10score on one of the following:

11(1) A portfolio examination of the applicant’s competence to
12enter the practice of dentistry. This examination shall be conducted
13while the applicant is enrolled in a dental school program at a
14board-approved school located in California. This examination
15shall utilize uniform standards of clinical experiences and
16competencies, as approved by the board pursuant to Section 1632.1.
17The applicant shall pass a final assessment of the submitted
18portfolio at the end of his or her dental school program. Before
19any portfolio assessment may be submitted to the board, the
20applicant shall remit the required fee to the board to be deposited
21into the State Dentistry Fund, and a letter of good standing signed
22by the dean of his or her dental school or his or her delegate stating
23that the applicant has graduated or will graduate with no pending
24ethical issues.

25(A) The portfolio examination shall not be conducted until the
26board adopts regulations to carry out this paragraph. The board
27shall post notice on its Internet Web site when these regulations
28have been adopted.

29(B) The board shall also provide written notice to the Legislature
30and the Legislative Counsel when these regulations have been
31adopted.

begin insert

32
(2) Either one of the following examinations:

end insert
begin delete

33(2)

end delete

34begin insert(A)end insert A clinical and written examination administered by the
35Western Regional Examiningbegin delete Board, which board shall determine
36the passing score for that examination.end delete
begin insert Board.end insert

begin insert

37
(B) The clinical and written examination developed by the
38American Board of Dental Examiners, Inc.

end insert

39(d) Notwithstanding subdivision (b) of Section 1628, the board
40is authorized to do either of the following:

P14   1(1) Approve an application for examination from, and to
2examine an applicant who is enrolled in, but has not yet graduated
3from, a reputable dental school approved by the board.

4(2) Accept the results of an examination described in paragraph
5(2) of subdivision (c) submitted by an applicant who was enrolled
6in, but had not graduated from, a reputable dental school approved
7by the board at the time the examination was administered.

8In either case, the board shall require the dean of that school or
9his or her delegate to furnish satisfactory proof that the applicant
10will graduate within one year of the date the examination was
11administered or as provided in paragraph (1) of subdivision (c).

begin insert

12
(e) The board may determine the testing format, as related to
13patients, for the examination provided pursuant to subparagraph
14(B) of paragraph (2) of subdivision (c).

end insert
15

begin deleteSEC. 3.end delete
16
begin insertSEC. 5.end insert  

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

18

1634.1.  

Notwithstanding Section 1634, the board may grant a
19license to practice dentistry to an applicant who submits all of the
20following to the board:

21(a) A completed application form and all fees required by the
22board.

23(b) Satisfactory evidence of having graduated from a dental
24school approved by the board or by the Commission on Dental
25Accreditation of the American Dental Association.

26(c) Satisfactory evidence of having completed a clinically based
27advanced education program in general dentistry or an advanced
28education program in general practice residency that is, at
29minimum, one year in duration and is accredited by either the
30Commission on Dental Accreditation of the American Dental
31Association or a national accrediting body approved by the board.
32The advanced education program shall include a certification of
33clinical residency program completion approved by the board, to
34be completed upon the resident’s successful completion of the
35program in order to evaluate his or her competence to practice
36dentistry in the state.

37(d) Satisfactory evidence of having successfully completed the
38written examination of the National Board Dental Examination of
39the Joint Commission on National Dental Examinations.

P15   1(e) Satisfactory evidence of having successfully completed an
2examination in California law and ethics.

3(f) Proof that the applicant has not failed the examination for
4licensure to practice dentistry under this chapter within five years
5prior to the date of his or her application for a license under this
6chapter.

7

begin deleteSEC. 4.end delete
8
begin insertSEC. 6.end insert  

Section 2029 of the Business and Professions Code is
9repealed.

10

begin deleteSEC. 5.end delete
11
begin insertSEC. 7.end insert  

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

13

begin deleteSEC. 6.end delete
14
begin insertSEC. 8.end insert  

Section 2467 of the Business and Professions Code is
15amended to read:

16

2467.  

(a) The board may convene from time to time as it deems
17necessary.

18(b) Four members of the board constitute a quorum for the
19transaction of business at any meeting.

20(c) It shall require the affirmative vote of a majority of those
21members present at a meeting, those members constituting at least
22a quorum, to pass any motion, resolution, or measure.

23(d) The board shall elect from its members a president, a vice
24president, and a secretary who shall hold their respective positions
25at the pleasure of the board. The president may call meetings of
26the board and any duly appointed committee at a specified time
27and place.

28begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 2540.1 of the end insertbegin insertBusiness and Professions Codeend insert
29
begin insert is repealed.end insert

begin delete
30

2540.1.  

Any reference to the “Division of Medical Quality”
31or to the “Division of Licensing” in this chapter shall be deemed
32to refer to the Medical Board of California.

end delete
33begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 2541.3 of the end insertbegin insertBusiness and Professions Codeend insert
34
begin insert is amended to read:end insert

35

2541.3.  

(a) The State Department of Public Health, the State
36Board ofbegin delete Optometryend deletebegin insert Optometry,end insert andbegin delete the Division of Licensing and
37Division of Medical Quality ofend delete
the Medical Board of California
38shall prepare and adopt quality standards and adopt regulations
39relating to prescription ophthalmic devices, including, but not
40limited to, lenses, frames, and contact lenses. In promulgating
P16   1these rules and regulations, the department and the boards shall
2adopt the current standards of the American National Standards
3Institute regarding ophthalmic materials. Nothing in this section
4shall prohibit the department and the boards from jointly adopting
5subsequent standards that are equivalent or more stringent than
6the current standards of the American National Standards Institute
7regarding ophthalmic materials.

8(b) No individual or group that deals with prescription
9ophthalmic devices, including, but not limited to, distributors,
10dispensers, manufacturers, laboratories, optometrists, or
11ophthalmologists shall sell, dispense, or furnish any prescription
12ophthalmic device that does not meet the minimum standards set
13by the State Department of Public Health, the State Board of
14Optometry, orbegin delete the Division of Licensing and Division of Medical
15Quality ofend delete
the Medical Board of California.

16(c) Any violation of the regulations adopted by the State
17Department of Public Health, the State Board of Optometry, or
18begin delete the Division of Licensing and Division of Medical Quality ofend delete the
19Medical Board of California pursuant to this section shall be a
20misdemeanor.

21(d) Any optometrist, ophthalmologist, or dispensing optician
22who violates the regulations adopted by the State Department of
23Public Health, the State Board of Optometry, orbegin delete the Division of
24Licensing and Division of Medical Quality ofend delete
the Medical Board
25of California pursuant to this section shall be subject to disciplinary
26action by his or her licensing board.

27(e) The State Board of Optometry orbegin delete the Division of Licensing
28and Division of Medical Quality ofend delete
the Medical Board of California
29may send any prescription ophthalmic device to the State
30Department of Public Health for testing as to whether or not the
31device meets established standards adopted pursuant to this section,
32which testing shall take precedence over any other prescription
33ophthalmic device testing being conducted by the department. The
34department may conduct the testing in its own facilities or may
35contract with any other facility to conduct the testing.

36begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 2541.6 of the end insertbegin insertBusiness and Professions Codeend insert
37
begin insert is amended to read:end insert

38

2541.6.  

No prescription ophthalmic device that does not meet
39the standards adopted by the State Department of Public Health,
40the State Board of Optometry, orbegin delete the Division of Licensing and
P17   1Division of Medical Quality ofend delete
the Medical Board of California
2under Section 2541.3 shall be purchased with state funds.

3begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 2545 of the end insertbegin insertBusiness and Professions Codeend insert
4
begin insert is amended to read:end insert

5

2545.  

(a) Whenever any person has engaged, or is about to
6engage, in any acts or practices which constitute, or will constitute,
7an offense against this chapter, the superior court in and for the
8county wherein the acts or practices take place, or are about to
9take place, may issue an injunction, or other appropriate order,
10restraining the conduct on application of the State Board of
11Optometry,begin delete the Division of Licensing ofend delete the Medical Board of
12California, the Osteopathic Medical Board of California, the
13Attorney General, or the district attorney of the county.

14The proceedings under this section shall be governed by Chapter
153 (commencing with Section 525) of Title 7 of Part 2 of the Code
16of Civil Procedure.

17(b) (1) Any person who violates any of the provisions of this
18chapter shall be subject to a fine of not less than one thousand
19dollars ($1,000) nor more than two thousand five hundred dollars
20($2,500) per violation. The fines collected pursuant to this section
21from licensed physicians and surgeonsbegin delete and registered dispensing
22opticiansend delete
shall be available upon appropriation to the Medical
23Board of California for the purposes of administration and
24enforcement. The fines collected pursuant to this section from
25licensed optometristsbegin insert and registered dispensing opticiansend insert shall be
26deposited into the Optometry Fundbegin insert and the Dispensing Opticians
27Fund, respectively,end insert
and shall be available upon appropriation to
28the State Board of Optometry for the purposes of administration
29and enforcement.

30(2) The Medical Board of California and the State Board of
31Optometry shall adopt regulations implementing this section and
32shall consider the following factors, including, but not limited to,
33applicable enforcement penalties, prior conduct, gravity of the
34offense, and the manner in which complaints will be processed.

35(3) The proceedings under this section shall be conducted in
36accordance with the provisions of Chapter 5 (commencing with
37Section 11500) of Part 1 of Division 3 of Title 2 of the Government
38Code.

39begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 2550 of the end insertbegin insertBusiness and Professions Codeend insert
40
begin insert is amended to read:end insert

P18   1

2550.  

Individuals, corporations, and firms engaged in the
2business of filling prescriptions of physicians and surgeons licensed
3bybegin delete the Division of Licensing ofend delete the Medical Board of California
4or optometrists licensed by the State Board of Optometry for
5prescription lenses and kindred products, and, as incidental to the
6filling of those prescriptions, doing any or all of the following acts,
7either singly or in combination with others, taking facial
8measurements, fitting and adjusting those lenses and fitting and
9adjusting spectacle frames, shall be known as dispensing opticians
10and shall not engage in that business unless registered with the
11
begin delete Division of Licensing of the Medical Board of California.end deletebegin insert State
12Board of Optometry.end insert

13begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 2550.1 of the end insertbegin insertBusiness and Professions Codeend insert
14
begin insert is amended to read:end insert

15

2550.1.  

All references in this chapter to the boardbegin delete or the Board
16of Medical Examiners or divisionend delete
shall mean the State Board of
17Optometry.

18begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 2552 of the end insertbegin insertBusiness and Professions Codeend insert
19
begin insert is amended to read:end insert

20

2552.  

Each application shall be verified under oath by the
21person required to sign the application and shall designate the
22name, address, and business telephone number of the applicant’s
23employee who will be responsible for handling customer inquiries
24and complaints with respect to the business address for which
25registration is applied.

26The applicant shall furnish such additional information or proof,
27oral or written, which thebegin delete divisionend deletebegin insert boardend insert may request, including
28information and proof relating to the provisions of Division 1.5
29(commencing with Section 475).

30Thebegin delete divisionend deletebegin insert boardend insert shall promptly notify any applicant if, as of
31the 30th day following the submission of an application under this
32chapter, the application and supporting documentation are not
33substantially complete and in proper form. The notification shall
34be in writing, shall state specifically what documents or other
35information are to be supplied by the applicant to the board, and
36shall be sent to the applicant by certified or registered mail. Within
3730 days of the applicant’s submission of the requested documents
38or information to the board, the board shall notify the applicant by
39certified or registered mail if the board requires additional
40documents or information.

P19   1This section shall become operative on January 1, 1988.

2begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 2553 of the end insertbegin insertBusiness and Professions Codeend insert
3
begin insert is amended to read:end insert

4

2553.  

If the board, after investigation, approves the application,
5it shall register the applicant and issue to the applicant a certificate
6of dispensing optician. A separate certificate of registration shall
7be required for each address where the business is to be conducted.

8A certificate authorizes the applicant, its agents and employees
9acting therefor to engage in the business defined in Section 2550
10provided that the fitting and adjusting of spectacle lenses is
11performed in compliance with Article 1.5 (commencing with
12Section 2559.1) and the fitting and adjusting of contact lenses is
13performed in compliance with Article 2 (commencing with Section
142560).

15Each certificate shall be at all times displayed in a conspicuous
16place at the certified place of business. The certificate shall not be
17transferable, but on application to thebegin delete divisionend deletebegin insert boardend insert there may be
18registered a change of address of the certificate.

begin delete

19This section shall become operative on January 1, 1988.

end delete
20begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 2554 of the end insertbegin insertBusiness and Professions Codeend insert
21
begin insert is amended to read:end insert

22

2554.  

Each registrant shall conspicuously and prominently
23display at each registered location the following consumer
24information:

25“Eye doctors are required to provide patients with a copy of their
26ophthalmic lens prescriptions as follows:

27Spectacle prescriptions: Release upon completion of exam.

28Contact lens prescriptions: Release upon completion of exam
29or upon completion of the fitting process.

30Patients may take their prescription to any eye doctor or
31registered dispensing optician to be filled.

32Optometrists and registered dispensing opticians are regulated
33by the State Board of Optometry. The State Board of Optometry
34receives and investigates all consumer complaints involving the
35practice of optometry and registered dispensing opticians.
36Complaints involving a California-licensed optometrist or a
37registered dispensing optician should be directed to:

38California State Board of Optometry

39Department of Consumer Affairs

402450 Del Paso Road, Suite 105

P20   1Sacramento, CA 95834

2Phone: 1-866-585-2666 or (916) 575-7170

3Email: optometry@dca.ca.gov

4begin deleteWebsite: end deletebegin insertInternet Web site: end insertwww.optometry.ca.gov”

5begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 2555 of the end insertbegin insertBusiness and Professions Codeend insert
6
begin insert is amended to read:end insert

7

2555.  

Certificates issued hereunder may in the discretion of
8thebegin delete divisionend deletebegin insert boardend insert be suspended or revoked or subjected to terms
9and conditions of probation for violating or attempting to violate
10this chapter, Chapter 5.4 (commencing with Section 2540) or any
11regulation adopted under this chapter or, Chapter 5.4 (commencing
12with Section 2540), or Section 651, 654, or 655, or for
13incompetence, gross negligence, or repeated similar negligent acts
14performed by the registrant or by an employee of the registrant.
15The proceedings shall be conducted in accordance with Chapter
165 (commencing with Section 11500) of Part 1 of Division 3 of
17 Title 2 of the Government Code, and thebegin delete divisionend deletebegin insert boardend insert shall have
18all the powers granted therein.

19begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 2555.1 of the end insertbegin insertBusiness and Professions Codeend insert
20
begin insert is amended to read:end insert

21

2555.1.  

In the discretion of thebegin delete Division of Licensing,end deletebegin insert board,end insert
22 a certificate issued hereunder may be suspended or revoked if an
23individual certificate holder or persons having any proprietary
24interest who will engage in dispensing operations, have been
25convicted of a crime substantially related to the qualifications,
26functions and duties of a dispensing optician. The record of
27conviction or a certified copy thereof shall be conclusive evidence
28of the conviction.

29A plea or verdict of guilty or a conviction following a plea of
30nolo contendere made to a charge substantially related to the
31 qualifications, functions and duties of a dispensing optician is
32deemed to be a conviction within the meaning of this article. The
33board may order the certificate suspended or revoked, or may
34decline to issue a certificate, when the time for appeal has elapsed,
35or the judgment of conviction has been affirmed on appeal or when
36an order granting probation is made suspending the imposition of
37sentence, irrespective of a subsequent order under the provisions
38of Section 1203.4 of the Penal Code allowing such person to
39withdraw his or her plea of guilty and to enter a plea of not guilty,
P21   1or setting aside the verdict of guilty, or dismissing the accusation,
2information or indictment.

3The proceeding under this section shall be conducted in
4accordance with Chapter 5 (commencing with Section 11500) of
5Part 1 of Division 3 of Title 2 of the Government Code, and the
6board shall have all the powers granted therein.

7This section shall become operative on January 1, 1988.

8begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 2558 of the end insertbegin insertBusiness and Professions Codeend insert
9
begin insert is amended to read:end insert

10

2558.  

Any person who violates any of the provisions of this
11chapter is guilty of a misdemeanor and, upon conviction thereof,
12shall be punished by imprisonment in the county jail not less than
1310 days nor more than one year, or by a fine of not less than two
14hundred dollars ($200) nor more than one thousand dollars ($1,000)
15or by both such fine and imprisonment.

16Thebegin delete Division of Licensing of the Medical Board of Californiaend delete
17begin insert boardend insert may adopt, amend, or repeal, in accordance with the
18Administrative Procedure Act, any regulations as are reasonably
19necessary to carry out this chapter.

20begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 2559 of the end insertbegin insertBusiness and Professions Codeend insert
21
begin insert is amended to read:end insert

22

2559.  

Whenever any person has engaged, or is about to engage,
23in any acts or practices which constitute, or will constitute, a
24violation of any provision of this chapter, or Chapter 5.4
25(commencing with Section 2540), the superior court in and for the
26county wherein the acts or practices take place, or are about to
27 take place, may issue an injunction, or other appropriate order,
28restraining such conduct on application of thebegin delete Division of Licensing
29of the Medical Board of California,end delete
begin insert board,end insert the Attorneybegin delete Generalend delete
30begin insert General,end insert or the district attorney of the county.

31The proceedings under this section shall be governed by Chapter
323 (commencing with Section 525) of Title 7 of Part 2 of the Code
33of Civil Procedure.

34begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 2559.2 of the end insertbegin insertBusiness and Professions Codeend insert
35
begin insert is amended to read:end insert

36

2559.2.  

(a) An individual shall apply for registration as a
37registered spectacle lens dispenser on forms prescribed by the
38begin delete division. The divisionend deletebegin insert board. The boardend insert shall register an individual
39as a registered spectacle lens dispenser upon satisfactory proof
40that the individual has passed the registry examination of the
P22   1American Board of Opticianry or any successor agency to that
2board. In the event thebegin delete divisionend deletebegin insert boardend insert should determine, after
3hearing, that the registry examination is not appropriate to
4determine entry level competence as a spectacle lens dispenser or
5is not designed to measure specific job performance requirements,
6thebegin delete divisionend deletebegin insert boardend insert may thereafter prescribe or administer a written
7examination that meets those specifications. If an applicant for
8renewal has not engaged in the full-time or substantial part-time
9practice of fitting and adjusting spectacle lenses within the last
10five years then thebegin delete divisionend deletebegin insert boardend insert may require the applicant to
11take and pass the examination referred to in this section as a
12condition of registration. Any examination prescribed or
13administered by thebegin delete divisionend deletebegin insert boardend insert shall be given at least twice
14each year on dates publicly announced at least 90 days before the
15examination dates. Thebegin delete divisionend deletebegin insert boardend insert is authorized to contract
16for administration of an examination.

17(b) Thebegin delete divisionend deletebegin insert boardend insert may deny registration where there are
18grounds for denial under the provisions of Division 1.5
19(commencing with Section 475).

20(c) Thebegin delete divisionend deletebegin insert boardend insert shall issue a certificate to each qualified
21individual stating that the individual is a registered spectacle lens
22dispenser.

23(d) Any individual who had been approved as a manager of
24dispensing operations of a registered dispensing optician under
25the provisions of Section 2552 as it existed before January 1, 1988,
26and who had not been subject to any disciplinary action under the
27provisions of Section 2555.2 shall be exempt from the examination
28requirement set forth in this section and shall be issued a certificate
29as a registered spectacle lens dispenser, provided an application
30for that certificate is filed with thebegin delete divisionend deletebegin insert boardend insert on or before
31December 31, 1989.

32(e) A registered spectacle lens dispenser is authorized to fit and
33adjust spectacle lenses at any place of business holding a certificate
34of registration under Section 2553 provided that the certificate of
35the registered spectacle lens dispenser is displayed in a conspicuous
36place at the place of business where he or she is fitting and
37adjusting.

38begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 2559.3 of the end insertbegin insertBusiness and Professions Codeend insert
39
begin insert is amended to read:end insert

P23   1

2559.3.  

A certificate issued to a registered spectacle lens
2dispenser may, in the discretion of thebegin delete division,end deletebegin insert board,end insert be
3suspended or revoked for violating or attempting to violate any
4provision of this chapter or any regulation adopted under this
5chapter, or for incompetence, gross negligence, or repeated similar
6negligent acts performed by the certificate holder. A certificate
7may also be suspended or revoked if the individual certificate
8holder has been convicted of a felony as provided in Section
92555.1.

10Any proceedings under this section shall be conducted in
11accordance with Chapter 5 (commencing with Section 11500) of
12Part 1 of Division 3 of Title 2 of the Government Code, and the
13begin delete divisionend deletebegin insert boardend insert shall have all the powers granted therein.

14begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 2559.5 of the end insertbegin insertBusiness and Professions Codeend insert
15
begin insert is amended to read:end insert

16

2559.5.  

This article shall become operative on January 1, 1988.
17However, thebegin delete divisionend deletebegin insert boardend insert may, prior to that date, accept and
18process applications, including the collection of fees, and perform
19other functions necessary to implement this article.

20begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 2561 of the end insertbegin insertBusiness and Professions Codeend insert
21
begin insert is amended to read:end insert

22

2561.  

An individual shall apply for registration as a registered
23contact lens dispenser on forms prescribed by thebegin delete division. The
24division.end delete
begin insert board. The boardend insert shall register an individual as a
25registered contact lens dispenser upon satisfactory proof that the
26individual has passed the contact lens registry examination of the
27National Committee of Contact Lens Examiners or any successor
28agency to that committee. In the event thebegin delete divisionend deletebegin insert boardend insert should
29ever find after hearing that the registry examination is not
30appropriate to determine entry level competence as a contact lens
31dispenser or is not designed to measure specific job performance
32requirements, thebegin delete divisionend deletebegin insert boardend insert may thereafter from time to time
33prescribe or administer a written examination that meets those
34specifications. If an applicant for renewal has not engaged in the
35full-time or substantial part-time practice of fitting and adjusting
36contact lenses within the last five years then thebegin delete divisionend deletebegin insert boardend insert
37 may require the applicant to take and pass the examination referred
38to in this section as a condition of registration. Any examination
39administered by thebegin delete divisionend deletebegin insert boardend insert shall be given at least twice
40each year on dates publicly announced at least 90 days before the
P24   1examination dates. Thebegin delete divisionend deletebegin insert boardend insert is authorized to contract
2with the National Committee of Contact Lens Examiners or any
3successor agency to that committee to provide that the registry
4examination is given at least twice each year on dates publicly
5announced at least 90 days before the examination dates.

6Thebegin delete divisionend deletebegin insert boardend insert may deny registration where there are
7grounds for denial under the provisions of Division 1.5
8(commencing with Section 475).

9Thebegin delete divisionend deletebegin insert boardend insert shall issue a certificate to each qualified
10individual stating that the individual is a registered contact lens
11dispenser.

12A registered contact lens dispenser may use that designation,
13but shall not hold himself or herself out in advertisements or
14otherwise as a specialist in fitting and adjusting contact lenses.

15begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 2563 of the end insertbegin insertBusiness and Professions Codeend insert
16
begin insert is amended to read:end insert

17

2563.  

A certificate issued to a registered contact lens dispenser
18may in the discretion of thebegin delete divisionend deletebegin insert boardend insert be suspended or revoked
19for violating or attempting to violate any provision of this chapter
20or any regulation adopted under this chapter, or for incompetence,
21gross negligence, or repeated similar negligent acts performed by
22the certificate holder. A certificate may also be suspended or
23revoked if the individual certificate holder has been convicted of
24a felony as provided in Section 2555.1.

25Any proceedings under this section shall be conducted in
26accordance with Chapter 5 (commencing with Section 11500) of
27Part 1 of Division 3 of Title 2 of the Government Code, and the
28begin delete divisionend deletebegin insert boardend insert shall have all the powers granted therein.

29begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 3027 of the end insertbegin insertBusiness and Professions Codeend insert
30
begin insert is amended to read:end insert

31

3027.  

The board shall employ an executive officer and other
32necessary assistance in the carrying out of the provisions of this
33chapter.

34The executive officer shall perform the duties delegated by the
35board and shall be responsible to it for the accomplishment of
36those duties. The executive officer shall not be a member of the
37board. With the approval of the Director of Finance, the board
38shall fix the salary of the executive officer. The executive officer
39shall be entitled to traveling and other necessary expenses in the
40performance of hisbegin insert or herend insert duties.

P25   1

begin deleteSEC. 7.end delete
2
begin insertSEC. 28.end insert  

Section 4980.09 is added to the Business and
3Professions Code
, to read:

4

4980.09.  

(a) The title “marriage and family therapist intern”
5or “marriage and family therapist registered intern” is hereby
6renamed “associate marriage and family therapist” or “registered
7associate marriage and family therapist,” respectively. Any
8reference in statute or regulation to a “marriage and family therapist
9intern” or “marriage and family therapist registered intern” shall
10be deemed a reference to an “associate marriage and family
11therapist” or “registered associate marriage and family therapist.”

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

begin deleteSEC. 8.end delete
17
begin insertSEC. 29.end insert  

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

19

4980.36.  

(a) This section shall apply to the following:

20(1) Applicants for licensure or registration who begin graduate
21study before August 1, 2012, and do not complete that study on
22or before December 31, 2018.

23(2) Applicants for licensure or registration who begin graduate
24study before August 1, 2012, and who graduate from a degree
25program that meets the requirements of this section.

26(3) Applicants for licensure or registration who begin graduate
27study on or after August 1, 2012.

28(b) To qualify for a license or registration, applicants shall
29possess a doctoral or master’s degree meeting the requirements of
30this section in marriage, family, and child counseling, marriage
31and family therapy, couple and family therapy, psychology, clinical
32psychology, counseling psychology, or counseling with an
33emphasis in either marriage, family, and child counseling or
34marriage and family therapy, obtained from a school, college, or
35university approved by the Bureau for Private Postsecondary
36Education, or accredited by either the Commission on Accreditation
37for Marriage and Family Therapy Education, or a regional or
38national institutional accrediting agency that is recognized by the
39United States Department of Education. The board has the authority
40to make the final determination as to whether a degree meets all
P26   1requirements, including, but not limited to, course requirements,
2regardless of accreditation or approval.

3(c) A doctoral or master’s degree program that qualifies for
4licensure or registration shall do the following:

5(1) Integrate all of the following throughout its curriculum:

6(A) Marriage and family therapy principles.

7(B) The principles of mental health recovery-oriented care and
8methods of service delivery in recovery-oriented practice
9environments, among others.

10(C) An understanding of various cultures and the social and
11psychological implications of socioeconomic position, and an
12understanding of how poverty and social stress impact an
13individual’s mental health and recovery.

14(2) Allow for innovation and individuality in the education of
15marriage and family therapists.

16(3) Encourage students to develop the personal qualities that
17are intimately related to effective practice, including, but not
18limited to, integrity, sensitivity, flexibility, insight, compassion,
19and personal presence.

20(4) Permit an emphasis or specialization that may address any
21one or more of the unique and complex array of human problems,
22symptoms, and needs of Californians served by marriage and
23family therapists.

24(5) Provide students with the opportunity to meet with various
25consumers and family members of consumers of mental health
26services to enhance understanding of their experience of mental
27illness, treatment, and recovery.

28(d) The degree described in subdivision (b) shall contain no less
29than 60 semester or 90 quarter units of instruction that includes,
30but is not limited to, the following requirements:

31(1) Both of the following:

32(A) No less than 12 semester or 18 quarter units of coursework
33in theories, principles, and methods of a variety of
34psychotherapeutic orientations directly related to marriage and
35family therapy and marital and family systems approaches to
36treatment and how these theories can be applied therapeutically
37with individuals, couples, families, adults, including elder adults,
38children, adolescents, and groups to improve, restore, or maintain
39healthy relationships.

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

P27   1(i) A minimum of six semester or nine quarter units of practicum
2in a supervised clinical placement that provides supervised
3fieldwork experience.

4(ii) A minimum of 150 hours of face-to-face experience
5counseling individuals, couples, families, or groups.

6(iii) A student must be enrolled in a practicum course while
7counseling clients, except as specified in subdivision (c) of Section
84980.42.

9(iv) The practicum shall provide training in all of the following
10areas:

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

12(II) Assessment, diagnosis, and prognosis.

13(III) Treatment of individuals and premarital, couple, family,
14and child relationships, including trauma and abuse, dysfunctions,
15healthy functioning, health promotion, illness prevention, and
16working with families.

17(IV) Professional writing, including documentation of services,
18treatment plans, and progress notes.

19(V) How to connect people with resources that deliver the
20quality of services and support needed in the community.

21(v) Educational institutions are encouraged to design the
22practicum required by this subparagraph to include marriage and
23family therapy experience in low income and multicultural mental
24health settings.

25(vi) In addition to the 150 hours required in clause (ii), 75 hours
26of either of the following, or a combination thereof:

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

28(II) Face-to-face experience counseling individuals, couples,
29families, or groups.

30(2) Instruction in all of the following:

31(A) Diagnosis, assessment, prognosis, and treatment of mental
32disorders, including severe mental disorders, evidence-based
33practices, psychological testing, psychopharmacology, and
34promising mental health practices that are evaluated in peer
35reviewed literature.

36(B) Developmental issues from infancy to old age, including
37instruction in all of the following areas:

38(i) The effects of developmental issues on individuals, couples,
39and family relationships.

P28   1(ii) The psychological, psychotherapeutic, and health
2implications of developmental issues and their effects.

3(iii) Aging and its biological, social, cognitive, and
4psychological aspects. This coursework shall include instruction
5on the assessment and reporting of, as well as treatment related
6to, elder and dependent adult abuse and neglect.

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

8(v) The understanding of human behavior within the social
9context of socioeconomic status and other contextual issues
10affecting social position.

11(vi) The understanding of human behavior within the social
12context of a representative variety of the cultures found within
13California.

14(vii) The understanding of the impact that personal and social
15insecurity, social stress, low educational levels, inadequate housing,
16and malnutrition have on human development.

17(C) The broad range of matters and life events that may arise
18within marriage and family relationships and within a variety of
19California cultures, including instruction in all of the following:

20(i) A minimum of seven contact hours of training or coursework
21in child abuse assessment and reporting as specified in Section 28,
22and any regulations promulgated thereunder.

23(ii) Spousal or partner abuse assessment, detection, intervention
24strategies, and same gender abuse dynamics.

25(iii) Cultural factors relevant to abuse of partners and family
26members.

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

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

29(vi) Long-term care.

30(vii) End of life and grief.

31(viii) Poverty and deprivation.

32(ix) Financial and social stress.

33(x) Effects of trauma.

34(xi) The psychological, psychotherapeutic, community, and
35health implications of the matters and life events described in
36clauses (i) to (x), inclusive.

37(D) Cultural competency and sensitivity, including a familiarity
38with the racial, cultural, linguistic, and ethnic backgrounds of
39persons living in California.

P29   1(E) Multicultural development and cross-cultural interaction,
2including experiences of race, ethnicity, class, spirituality, sexual
3orientation, gender, and disability, and their incorporation into the
4psychotherapeutic process.

5(F) The effects of socioeconomic status on treatment and
6available resources.

7(G) Resilience, including the personal and community qualities
8that enable persons to cope with adversity, trauma, tragedy, threats,
9or other stresses.

10(H) Human sexuality, including the study of physiological,
11psychological, and social cultural variables associated with sexual
12behavior and gender identity, and the assessment and treatment of
13psychosexual dysfunction.

14(I) Substance use disorders, co-occurring disorders, and
15addiction, including, but not limited to, instruction in all of the
16following:

17(i) The definition of substance use disorders, co-occurring
18disorders, and addiction. For purposes of this subparagraph,
19“co-occurring disorders” means a mental illness and substance
20abuse diagnosis occurring simultaneously in an individual.

21(ii) Medical aspects of substance use disorders and co-occurring
22disorders.

23(iii) The effects of psychoactive drug use.

24(iv) Current theories of the etiology of substance abuse and
25addiction.

26(v) The role of persons and systems that support or compound
27substance abuse and addiction.

28(vi) Major approaches to identification, evaluation, and treatment
29of substance use disorders, co-occurring disorders, and addiction,
30including, but not limited to, best practices.

31(vii) Legal aspects of substance abuse.

32(viii) Populations at risk with regard to substance use disorders
33and co-occurring disorders.

34(ix) Community resources offering screening, assessment,
35treatment, and followup for the affected person and family.

36(x) Recognition of substance use disorders, co-occurring
37disorders, and addiction, and appropriate referral.

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

P30   1(J) California law and professional ethics for marriage and
2family therapists, including instruction in all of the following areas
3of study:

4(i) Contemporary professional ethics and statutory, regulatory,
5and decisional laws that delineate the scope of practice of marriage
6and family therapy.

7(ii) The therapeutic, clinical, and practical considerations
8involved in the legal and ethical practice of marriage and family
9therapy, including, but not limited to, family law.

10(iii) The current legal patterns and trends in the mental health
11professions.

12(iv) The psychotherapist-patient privilege, confidentiality, the
13patient dangerous to self or others, and the treatment of minors
14with and without parental consent.

15(v) A recognition and exploration of the relationship between
16a practitioner’s sense of self and human values and his or her
17professional behavior and ethics.

18(vi) Differences in legal and ethical standards for different types
19of work settings.

20(vii) Licensing law and licensing process.

21(e) The degree described in subdivision (b) shall, in addition to
22meeting the requirements of subdivision (d), include instruction
23in case management, systems of care for the severely mentally ill,
24public and private services and supports available for the severely
25mentally ill, community resources for persons with mental illness
26and for victims of abuse, disaster and trauma response, advocacy
27for the severely mentally ill, and collaborative treatment. This
28instruction may be provided either in credit level coursework or
29through extension programs offered by the degree-granting
30institution.

31(f) The changes made to law by this section are intended to
32improve the educational qualifications for licensure in order to
33better prepare future licentiates for practice, and are not intended
34to expand or restrict the scope of practice for marriage and family
35therapists.

36

begin deleteSEC. 9.end delete
37
begin insertSEC. 30.end insert  

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

39

4980.37.  

(a) This section shall apply to applicants for licensure
40or registration who begin graduate study before August 1, 2012,
P31   1and complete that study on or before December 31, 2018. Those
2applicants may alternatively qualify under paragraph (2) of
3subdivision (a) of Section 4980.36.

4(b) To qualify for a license or registration, applicants shall
5possess a doctor’s or master’s degree in marriage, family, and child
6counseling, marriage and family therapy, couple and family
7therapy, psychology, clinical psychology, counseling psychology,
8or counseling with an emphasis in either marriage, family, and
9child counseling or marriage and family therapy, obtained from a
10school, college, or university accredited by a regional or national
11institutional accrediting agency that is recognized by the United
12States Department of Education or approved by the Bureau for
13Private Postsecondary Education. The board has the authority to
14make the final determination as to whether a degree meets all
15requirements, including, but not limited to, course requirements,
16regardless of accreditation or approval. In order to qualify for
17licensure pursuant to this section, a doctor’s or master’s degree
18program shall be a single, integrated program primarily designed
19to train marriage and family therapists and shall contain no less
20than 48 semester or 72 quarter units of instruction. This instruction
21shall include no less than 12 semester units or 18 quarter units of
22coursework in the areas of marriage, family, and child counseling,
23and marital and family systems approaches to treatment. The
24coursework shall include all of the following areas:

25(1) The salient theories of a variety of psychotherapeutic
26orientations directly related to marriage and family therapy, and
27marital and family systems approaches to treatment.

28(2) Theories of marriage and family therapy and how they can
29be utilized in order to intervene therapeutically with couples,
30families, adults, children, and groups.

31(3) Developmental issues and life events from infancy to old
32age and their effect on individuals, couples, and family
33relationships. This may include coursework that focuses on specific
34family life events and the psychological, psychotherapeutic, and
35health implications that arise within couples and families,
36including, but not limited to, childbirth, child rearing, childhood,
37adolescence, adulthood, marriage, divorce, blended families,
38stepparenting, abuse and neglect of older and dependent adults,
39and geropsychology.

40(4) A variety of approaches to the treatment of children.

P32   1The board shall, by regulation, set forth the subjects of instruction
2required in this subdivision.

3(c) (1) In addition to the 12 semester or 18 quarter units of
4coursework specified in subdivision (b), the doctor’s or master’s
5degree program shall contain not less than six semester or nine
6quarter units of supervised practicum in applied psychotherapeutic
7technique, assessments, diagnosis, prognosis, and treatment of
8premarital, couple, family, and child relationships, including
9dysfunctions, healthy functioning, health promotion, and illness
10prevention, in a supervised clinical placement that provides
11supervised fieldwork experience within the scope of practice of a
12marriage and family therapist.

13(2) For applicants who enrolled in a degree program on or after
14January 1, 1995, the practicum shall include a minimum of 150
15hours of face-to-face experience counseling individuals, couples,
16families, or groups.

17(3) The practicum hours shall be considered as part of the 48
18semester or 72 quarter unit requirement.

19(d) As an alternative to meeting the qualifications specified in
20subdivision (b), the board shall accept as equivalent degrees those
21master’s or doctor’s degrees granted by educational institutions
22whose degree program is approved by the Commission on
23Accreditation for Marriage and Family Therapy Education.

24(e) In order to provide an integrated course of study and
25appropriate professional training, while allowing for innovation
26and individuality in the education of marriage and family therapists,
27a degree program that meets the educational qualifications for
28licensure or registration under this section shall do all of the
29 following:

30(1) Provide an integrated course of study that trains students
31generally in the diagnosis, assessment, prognosis, and treatment
32of mental disorders.

33(2) Prepare students to be familiar with the broad range of
34matters that may arise within marriage and family relationships.

35(3) Train students specifically in the application of marriage
36and family relationship counseling principles and methods.

37(4) Encourage students to develop those personal qualities that
38are intimately related to the counseling situation such as integrity,
39sensitivity, flexibility, insight, compassion, and personal presence.

P33   1(5) Teach students a variety of effective psychotherapeutic
2techniques and modalities that may be utilized to improve, restore,
3or maintain healthy individual, couple, and family relationships.

4(6) Permit an emphasis or specialization that may address any
5one or more of the unique and complex array of human problems,
6symptoms, and needs of Californians served by marriage and
7family therapists.

8(7) Prepare students to be familiar with cross-cultural mores
9and values, including a familiarity with the wide range of racial
10and ethnic backgrounds common among California’s population,
11including, but not limited to, Blacks, Hispanics, Asians, and Native
12Americans.

13(f) Educational institutions are encouraged to design the
14practicum required by this section to include marriage and family
15therapy experience in low income and multicultural mental health
16settings.

17(g) This section shall remain in effect only until January 1, 2019,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2019, deletes or extends that date.

20

begin deleteSEC. 10.end delete
21
begin insertSEC. 31.end insert  

Section 4980.40.5 of the Business and Professions
22Code
is repealed.

23

begin deleteSEC. 11.end delete
24
begin insertSEC. 32.end insert  

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

26

4980.43.  

(a) To qualify for licensure as specified in Section
274980.40, each applicant shall complete experience related to the
28practice of marriage and family therapy under a supervisor who
29meets the qualifications set forth in Section 4980.03. The
30experience shall comply with the following:

31(1) A minimum of 3,000 hours of supervised experience
32completed during a period of at least 104 weeks.

33(2) A maximum of 40 hours in any seven consecutive days.

34(3) A minimum of 1,700 hours obtained after the qualifying
35master’s or doctoral degree was awarded.

36(4) A maximum of 1,300 hours obtained prior to the award date
37of the qualifying master’s or doctoral degree.

38(5) A maximum of 750 hours of counseling and direct supervisor
39contact prior to the award date of the qualifying master’s or
40doctoral degree.

P34   1(6) No hours of experience may be gained prior to completing
2either 12 semester units or 18 quarter units of graduate instruction.

3(7) No hours of experience may be gained more than six years
4prior to the date the application for examination eligibility was
5filed, except that up to 500 hours of clinical experience gained in
6the supervised practicum required by subdivision (c) of Section
74980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
8of Section 4980.36 shall be exempt from this six-year requirement.

9(8) A minimum of 1,750 hours of direct counseling with
10individuals, groups, couples, or families, that includes not less than
11500 total hours of experience in diagnosing and treating couples,
12families, and children.

13(9) A maximum of 1,250 hours of nonclinical practice,
14consisting of direct supervisor contact, administering and
15evaluating psychological tests, writing clinical reports, writing
16progress or process notes, client centered advocacy, and workshops,
17seminars, training sessions, or conferences directly related to
18marriage and family therapy that have been approved by the
19applicant’s supervisor.

20(10) It is anticipated and encouraged that hours of experience
21will include working with elders and dependent adults who have
22physical or mental limitations that restrict their ability to carry out
23normal activities or protect their rights.

24This subdivision shall only apply to hours gained on and after
25January 1, 2010.

26(b) An individual who submits an application for examination
27eligibility between January 1, 2016, and December 31, 2020, may
28alternatively qualify under the experience requirements that were
29in place on January 1, 2015.

30(c) All applicants, trainees, and registrants shall be at all times
31under the supervision of a supervisor who shall be responsible for
32ensuring that the extent, kind, and quality of counseling performed
33is consistent with the training and experience of the person being
34supervised, and who shall be responsible to the board for
35compliance with all laws, rules, and regulations governing the
36practice of marriage and family therapy. Supervised experience
37shall be gained by an intern or trainee only as an employee or as
38a volunteer. The requirements of this chapter regarding gaining
39hours of experience and supervision are applicable equally to
40employees and volunteers. Associates and trainees shall not be
P35   1employed as independent contractors, and shall not gain experience
2for work performed as an independent contractor, reported on an
3IRS Form 1099, or both.

4(1) If employed, an intern shall provide the board with copies
5of the corresponding W-2 tax forms for each year of experience
6claimed upon application for licensure.

7(2) If volunteering, an intern shall provide the board with a letter
8from his or her employer verifying the intern’s employment as a
9volunteer upon application for licensure.

10(d) Except for experience gained by attending workshops,
11seminars, training sessions, or conferences as described in
12paragraph (9) of subdivision (a), supervision shall include at least
13one hour of direct supervisor contact in each week for which
14experience is credited in each work setting, as specified:

15(1) A trainee shall receive an average of at least one hour of
16direct supervisor contact for every five hours of client contact in
17each setting. No more than six hours of supervision, whether
18individual or group, shall be credited during any single week.

19(2) An individual supervised after being granted a qualifying
20degree shall receive at least one additional hour of direct supervisor
21contact for every week in which more than 10 hours of client
22contact is gained in each setting. No more than six hours of
23supervision, whether individual or group, shall be credited during
24any single week.

25(3) For purposes of this section, “one hour of direct supervisor
26contact” means one hour per week of face-to-face contact on an
27individual basis or two hours per week of face-to-face contact in
28a group.

29(4) Direct supervisor contact shall occur within the same week
30as the hours claimed.

31(5) Direct supervisor contact provided in a group shall be
32provided in a group of not more than eight supervisees and in
33segments lasting no less than one continuous hour.

34(6) Notwithstanding paragraph (3), an intern working in a
35governmental entity, a school, a college, or a university, or an
36institution that is both nonprofit and charitable may obtain the
37required weekly direct supervisor contact via two-way, real-time
38videoconferencing. The supervisor shall be responsible for ensuring
39that client confidentiality is upheld.

P36   1(7) All experience gained by a trainee shall be monitored by the
2supervisor as specified by regulation.

3(8) The six hours of supervision that may be credited during
4any single week pursuant to paragraphs (1) and (2) shall apply to
5supervision hours gained on or after January 1, 2009.

6(e) (1) A trainee may be credited with supervised experience
7completed in any setting that meets all of the following:

8(A) Lawfully and regularly provides mental health counseling
9or psychotherapy.

10(B) Provides oversight to ensure that the trainee’s work at the
11setting meets the experience and supervision requirements set forth
12in this chapter and is within the scope of practice for the profession
13as defined in Section 4980.02.

14(C) Is not a private practice owned by a licensed marriage and
15family therapist, a licensed professional clinical counselor, a
16licensed psychologist, a licensed clinical social worker, a licensed
17physician and surgeon, or a professional corporation of any of
18those licensed professions.

19(2) Experience may be gained by the trainee solely as part of
20the position for which the trainee volunteers or is employed.

21(f) (1) An intern may be credited with supervised experience
22completed in any setting that meets both of the following:

23(A) Lawfully and regularly provides mental health counseling
24or psychotherapy.

25(B) Provides oversight to ensure that the intern’s work at the
26setting meets the experience and supervision requirements set forth
27in this chapter and is within the scope of practice for the profession
28as defined in Section 4980.02.

29(2) An applicant shall not be employed or volunteer in a private
30practice, as defined in subparagraph (C) of paragraph (1) of
31subdivision (e), until registered as an intern.

32(3) While an intern may be either a paid employee or a
33volunteer, employers are encouraged to provide fair remuneration
34to interns.

35(4) Except for periods of time during a supervisor’s vacation or
36sick leave, an intern who is employed or volunteering in private
37practice shall be under the direct supervision of a licensee that has
38satisfied subdivision (g) of Section 4980.03. The supervising
39licensee shall either be employed by and practice at the same site
40as the intern’s employer, or shall be an owner or shareholder of
P37   1the private practice. Alternative supervision may be arranged during
2 a supervisor’s vacation or sick leave if the supervision meets the
3requirements of this section.

4(5) Experience may be gained by the intern solely as part of the
5position for which the intern volunteers or is employed.

6(g) Except as provided in subdivision (h), all persons shall
7register with the board as an intern to be credited for postdegree
8hours of supervised experience gained toward licensure.

9(h) Postdegree hours of experience shall be credited toward
10licensure so long as the applicant applies for the intern registration
11within 90 days of the granting of the qualifying master’s or doctoral
12degree and is thereafter granted the intern registration by the board.
13An applicant shall not be employed or volunteer in a private
14practice until registered as an intern by the board.

15(i) Trainees, interns, and applicants shall not receive any
16remuneration from patients or clients, and shall only be paid by
17their employers.

18(j) Trainees, interns, and applicants shall only perform services
19at the place where their employers regularly conduct business,
20which may include performing services at other locations, so long
21as the services are performed under the direction and control of
22their employer and supervisor, and in compliance with the laws
23and regulations pertaining to supervision. For purposes of
24paragraph (3) of subdivision (a) of Section 2290.5, interns and
25trainees working under licensed supervision, consistent with
26subdivision (c), may provide services via telehealth within the
27scope authorized by this chapter and in accordance with any
28regulations governing the use of telehealth promulgated by the
29board. Trainees and interns shall have no proprietary interest in
30their employers’ businesses and shall not lease or rent space, pay
31for furnishings, equipment, or supplies, or in any other way pay
32for the obligations of their employers.

33(k) Trainees, interns, or applicants who provide volunteered
34services or other services, and who receive no more than a total,
35from all work settings, of five hundred dollars ($500) per month
36as reimbursement for expenses actually incurred by those trainees,
37interns, or applicants for services rendered in any lawful work
38setting other than a private practice shall be considered employees
39and not independent contractors. The board may audit applicants
40who receive reimbursement for expenses, and the applicants shall
P38   1have the burden of demonstrating that the payments received were
2for reimbursement of expenses actually incurred.

3(l) Each educational institution preparing applicants for licensure
4 pursuant to this chapter shall consider requiring, and shall
5encourage, its students to undergo individual, marital or conjoint,
6family, or group counseling or psychotherapy, as appropriate. Each
7supervisor shall consider, advise, and encourage his or her interns
8and trainees regarding the advisability of undertaking individual,
9marital or conjoint, family, or group counseling or psychotherapy,
10as appropriate. Insofar as it is deemed appropriate and is desired
11by the applicant, the educational institution and supervisors are
12encouraged to assist the applicant in locating that counseling or
13psychotherapy at a reasonable cost.

14

begin deleteSEC. 12.end delete
15
begin insertSEC. 33.end insert  

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

17

4980.78.  

(a) This section applies to persons who apply for
18licensure or registration on or after January 1, 2016, and who do
19not hold a license as described in Section 4980.72.

20(b) For purposes of Section 4980.74, education is substantially
21equivalent if all of the following requirements are met:

22(1) The degree is obtained from a school, college, or university
23accredited by a regional or national institutional accrediting agency
24that is recognized by the United States Department of Education
25and consists of, at a minimum, the following:

26(A) (i) For an applicant who obtained his or her degree within
27the timeline prescribed by subdivision (a) of Section 4980.36, the
28degree shall contain no less than 60 semester or 90 quarter units
29of instruction.

30(ii) Up to 12 semester or 18 quarter units of instruction may be
31remediated, if missing from the degree. The remediation may occur
32while the applicant is registered as an intern.

33(B) For an applicant who obtained his or her degree within the
34timeline prescribed by subdivision (a) of Section 4980.37, the
35degree shall contain no less than 48 semester units or 72 quarter
36units of instruction.

37(C) Six semester or nine quarter units of practicum, including,
38but not limited to, a minimum of 150 hours of face-to-face
39begin delete counseling,end deletebegin insert experience counseling individuals, couples, families,
40or groups,end insert
and an additional 75 hours of either face-to-face
P39   1begin delete counseling orend deletebegin insert end insertbegin insertexperience counseling individuals, couples, families,
2or groups orend insert
client centered advocacy, or a combination of
3face-to-facebegin delete counselingend deletebegin insert end insertbegin insertexperience counseling individuals, couples,
4families, or groupsend insert
and client centered advocacy.

5(D) Twelve semester or 18 quarter units in the areas of marriage,
6family, and child counseling and marital and family systems
7approaches to treatment, as specified in subparagraph (A) of
8paragraph (1) of subdivision (d) of Section 4980.36.

9(2) The applicant shall complete coursework in California law
10and ethics as follows:

11(A) An applicant who completed a course in law and
12professional ethics for marriage and family therapists as specified
13in paragraphbegin delete (7)end deletebegin insert (8)end insert of subdivision (a) of Section 4980.81, that did
14not contain instruction in California law and ethics, shall complete
15an 18-hour course in California law and professional ethics. The
16content of the course shall include, but not be limited to,
17advertising, scope of practice, scope of competence, treatment of
18minors, confidentiality, dangerous patients, psychotherapist-patient
19privilege, recordkeeping, patient access to records, state and federal
20laws relating to confidentiality of patient health information, dual
21relationships, child abuse, elder and dependent adult abuse, online
22therapy, insurance reimbursement, civil liability, disciplinary
23actions and unprofessional conduct, ethics complaints and ethical
24standards, termination of therapy, standards of care, relevant family
25law, therapist disclosures to patients, differences in legal and ethical
26standards in different types of work settings, and licensing law
27and licensing process. This coursework shall be completed prior
28to registration as an intern.

29(B) An applicant who has not completed a course in law and
30professional ethics for marriage and family therapists as specified
31in paragraphbegin delete (7)end deletebegin insert (8)end insert of subdivision (a) of Section 4980.81 shall
32complete this required coursework. The coursework shall contain
33content specific to California law and ethics. This coursework shall
34be completed prior to registration as an intern.

35(3) The applicant completes the educational requirements
36specified in Section 4980.81 not already completed in his or her
37education. The coursework may be from an accredited school,
38college, or university as specified in paragraph (1), from an
39educational institution approved by the Bureau for Private
40Postsecondary Education, or from a continuing education provider
P40   1that is acceptable to the board as defined in Section 4980.54.
2Undergraduate courses shall not satisfy this requirement.

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

10(A) At least three semester units, or 45 hours, of instruction
11regarding the principles of mental health recovery-oriented care
12and methods of service delivery in recovery-oriented practice
13environments, including structured meetings with various
14consumers and family members of consumers of mental health
15services to enhance understanding of their experience of mental
16illness, treatment, and recovery.

17(B) At least one semester unit, or 15 hours, of instruction that
18includes an understanding of various California cultures and the
19social and psychological implications of socioeconomic position.

20(5)  An applicant may complete any units and course content
21requirements required under paragraphs (3) and (4) not already
22completed in his or her education while registered as an intern,
23unless otherwise specified.

24(6) The applicant’s degree title need not be identical to that
25required by subdivision (b) of Section 4980.36.

26

begin deleteSEC. 13.end delete
27
begin insertSEC. 34.end insert  

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

29

4980.79.  

(a) This section applies to persons who apply for
30licensure or registration on or after January 1, 2016, and who hold
31a license as described in Section 4980.72.

32(b) For purposes of Section 4980.72, education is substantially
33equivalent if all of the following requirements are met:

34(1) The degree is obtained from a school, college, or university
35accredited by a regional or national institutional accrediting agency
36recognized by the United States Department of Education and
37consists of, at a minimum, the following:

38(A) (i) For an applicant who obtained his or her degree within
39the timeline prescribed by subdivision (a) of Section 4980.36, the
P41   1degree shall contain no less than 60 semester or 90 quarter units
2of instruction.

3(ii) Up to 12 semester or 18 quarter units of instruction may be
4remediated, if missing from the degree. The remediation may occur
5while the applicant is registered as an intern.

6(B) For an applicant who obtained his or her degree within the
7timeline prescribed by subdivision (a) of Section 4980.37, the
8degree shall contain no less than 48 semester or 72 quarter units
9of instruction.

10(C) Six semester or nine quarter units of practicum, including,
11but not limited to, a minimum of 150 hours of face-to-face
12begin delete counseling,end deletebegin insert experience counseling individuals, couples, families,
13or groups,end insert
and an additional 75 hours of either face-to-face
14begin delete counseling orend deletebegin insert end insertbegin insertexperience counseling individuals, couples, families,
15or groups orend insert
client centered advocacy, or a combination of
16face-to-facebegin delete counselingend deletebegin insert experience counseling individuals, couples,
17families, or groupsend insert
and client centered advocacy.

18(i) An out-of-state applicant who has been licensed for at least
19two years in clinical practice, as verified by the board, is exempt
20from this requirement.

21(ii) An out-of-state applicant who has been licensed for less
22than two years in clinical practice, as verified by the board, who
23does not meet the practicum requirement, shall remediate it by
24obtaining 150 hours of face-to-facebegin delete counseling,end deletebegin insert end insertbegin insertexperience
25counseling individuals, couples, families, or groups,end insert
and an
26additional 75 hours of either face-to-facebegin delete counseling orend deletebegin insert experience
27counseling individuals, couples, families, or groups orend insert
client
28centered advocacy, or a combination of face-to-facebegin delete counselingend delete
29begin insert experience counseling individuals, couples, families, or groupsend insert
30 and client centered advocacy. These hours are in addition to the
313,000 hours of experience required by this chapter, and shall be
32gained while registered as an intern.

33(D) Twelve semester or 18 quarter units in the areas of marriage,
34family, and child counseling and marital and family systems
35approaches to treatment, as specified in subparagraph (A) of
36paragraph (1) of subdivision (d) of Section 4980.36.

37(2) An applicant shall complete coursework in California law
38and ethics as follows:

39(A) An applicant who completed a course in law and
40professional ethics for marriage and family therapists as specified
P42   1in paragraphbegin delete (7)end deletebegin insert (8)end insert of subdivision (a) of Section 4980.81 that did
2not include instruction in California law and ethics, shall complete
3an 18-hour course in California law and professional ethics. The
4content of the course shall include, but not be limited to,
5advertising, scope of practice, scope of competence, treatment of
6minors, confidentiality, dangerous patients, psychotherapist-patient
7privilege, recordkeeping, patient access to records, state and federal
8laws relating to confidentiality of patient health information, dual
9relationships, child abuse, elder and dependent adult abuse, online
10therapy, insurance reimbursement, civil liability, disciplinary
11actions and unprofessional conduct, ethics complaints and ethical
12standards, termination of therapy, standards of care, relevant family
13law, therapist disclosures to patients, differences in legal and ethical
14standards in different types of work settings, and licensing law
15and licensing process. This coursework shall be completed prior
16to registration as an intern.

17(B) An applicant who has not completed a course in law and
18professional ethics for marriage and family therapists as specified
19in paragraphbegin delete (7)end deletebegin insert (8)end insert of subdivision (a) of Section 4980.81 shall
20complete this required coursework. The coursework shall include
21content specific to California law and ethics. An applicant shall
22complete this coursework prior to registration as an intern.

23(3) The applicant completes the educational requirements
24specified in Section 4980.81 not already completed in his or her
25education. The coursework may be from an accredited school,
26college, or university as specified in paragraph (1), from an
27educational institution approved by the Bureau for Private
28 Postsecondary Education, or from a continuing education provider
29that is acceptable to the board as defined in Section 4980.54.
30Undergraduate coursework shall not satisfy this requirement.

31(4) The applicant completes the following coursework not
32already completed in his or her education from an accredited
33school, college, or university as specified in paragraph (1) above,
34from an educational institution approved by the Bureau for Private
35Postsecondary Education, or from a continuing education provider
36that is acceptable to the board as defined in Section 4980.54.
37Undergraduate coursework shall not satisfy this requirement.

38(A) At least three semester units, or 45 hours, of instruction
39pertaining to the principles of mental health recovery-oriented care
40and methods of service delivery in recovery-oriented practice
P43   1environments, including structured meetings with various
2consumers and family members of consumers of mental health
3services to enhance understanding of their experience of mental
4illness, treatment, and recovery.

5(B) At least one semester unit, or 15 hours, of instruction that
6includes an understanding of various California cultures and the
7social and psychological implications of socioeconomic position.

8(5) An applicant's degree title need not be identical to that
9required by subdivision (b) of Section 4980.36.

10(6) An applicant may complete any units and course content
11requirements required under paragraphs (3) and (4) not already
12completed in his or her education while registered as an intern,
13unless otherwise specified.

14begin insert

begin insertSEC. 3end insertbegin insert5.end insert  

end insert

begin insertSection 4980.81 of the end insertbegin insertBusiness and Professions Codeend insert
15
begin insert is amended to read:end insert

16

4980.81.  

This section applies to persons subject to Section
174980.78 or 4980.79, who apply for licensure or registration on or
18after January 2016.

19(a) For purposes of Sections 4980.78 and 4980.79, an applicant
20shall meet all of the following educational requirements:

21(1) A minimum of two semester units of instruction in the
22diagnosis, assessment, prognosis, and treatment of mental
23disorders, including severe mental disorders, evidence-based
24practices,begin delete psychological testing, psychopharmacology,end delete and
25promising mental health practices that are evaluated in peer
26reviewed literature. begin delete This shall include at least one semester unit
27or 15 hours of instruction in psychological testing and at least one
28semester unit or 15 hours of instruction in psychopharmacology.end delete

begin insert

29
(2) At least one semester unit or 15 hours of instruction in
30psychological testing and at least one semester unit or 15 hours
31of instruction in psychopharmacology.

end insert
begin delete

32(2)

end delete

33begin insert(3)end insert (A) Developmental issues from infancy to old age, including
34demonstration of at least one semester unit, or 15 hours, of
35instruction that includes all of the following subjects:

36(i) The effects of developmental issues on individuals, couples,
37and family relationships.

38(ii) The psychological, psychotherapeutic, and health
39implications of developmental issues and their effects.

P44   1(iii) The understanding of the impact that personal and social
2insecurity, social stress, low educational levels, inadequate housing,
3and malnutrition have on human development.

4(B) An applicant who is deficient in any of these subjects may
5remediate the coursework by completing three hours of instruction
6in each deficient subject.

begin delete

7(3)

end delete

8begin insert(4)end insert (A) The broad range of matters and life events that may
9arise within marriage and family relationships and within a variety
10of California cultures, including instruction in all of the following:

11(i) A minimum of seven contact hours of training or coursework
12in child abuse assessment and reporting as specified in Section 28
13and any regulations promulgated under that section.

14(ii) A minimum of 10 contact hours of coursework that includes
15all of the following:

16(I) The assessment and reporting of, as well as treatment related
17to, elder and dependent adult abuse and neglect.

18(II) Aging and its biological, social, cognitive, and psychological
19aspects.

20(III) Long-term care.

21(IV) End-of-life and grief.

22(iii) A minimum of 15 contact hours of coursework in spousal
23or partner abuse assessment, detection, intervention strategies, and
24same-gender abuse dynamics.

25(iv) Cultural factors relevant to abuse of partners and family
26members.

27(v) Childbirth, child rearing, parenting, and stepparenting.

28(vi) Marriage, divorce, and blended families.

29(vii) Poverty and deprivation.

30(viii) Financial and social stress.

31(ix) Effects of trauma.

32(x) The psychological, psychotherapeutic, community, and
33health implications of the matters and life events described in
34clauses (i) to (ix), inclusive.

begin delete

35(4)

end delete

36begin insert(5)end insert At least one semester unit, or 15 hours, of instruction in
37multicultural development and cross-cultural interaction, including
38experiences of race, ethnicity, class, spirituality, sexual orientation,
39gender, and disability, and their incorporation into the
40psychotherapeutic process.

begin delete

P45   1(5)

end delete

2begin insert(6)end insert A minimum of 10 contact hours of training or coursework
3in human sexuality, as specified in Section 25 and any regulations
4promulgated under that section, including the study of
5physiological, psychological, and social cultural variables
6associated with sexual behavior and gender identity, and the
7assessment and treatment of psychosexual dysfunction.

begin delete

8(6)

end delete

9begin insert(7)end insert A minimum of 15 contact hours of coursework in substance
10use disorders, and a minimum of 15 contact hours of coursework
11in cooccurring disorders and addiction. The following subjects
12shall be included in this coursework:

13(A) The definition of substance use disorders, cooccurring
14disorders, and addiction. For purposes of this subparagraph
15“cooccurring disorders” means a mental illness and substance
16abuse diagnosis occurring simultaneously in an individual.

17(B) Medical aspects of substance use disorders and cooccurring
18disorders.

19(C) The effects of psychoactive drug use.

20(D) Current theories of the etiology of substance abuse and
21addiction.

22(E) The role of persons and systems that support or compound
23substance abuse and addiction.

24(F) Major approaches to identification, evaluation, and treatment
25of substance use disorders, cooccurring disorders, and addiction,
26including, but not limited to, best practices.

27(G) Legal aspects of substance abuse.

28(H) Populations at risk with regard to substance use disorders
29and cooccurring disorders.

30(I) Community resources offering screening, assessment,
31treatment, and followup for the affected person and family.

32(J) Recognition of substance use disorders, cooccurring
33disorders, and addiction, and appropriate referral.

34(K) The prevention of substance use disorders and addiction.

begin delete

35(7)

end delete

36begin insert(8)end insert A minimum of a two semester or three quarter unit course
37in law and professional ethics for marriage and family therapists,
38including instruction in all of the following subjects:

P46   1(A) Contemporary professional ethics and statutory, regulatory,
2and decisional laws that delineate the scope of practice of marriage
3and family therapy.

4(B) The therapeutic, clinical, and practical considerations
5involved in the legal and ethical practice of marriage and family
6therapy, including, but not limited to, family law.

7(C) The current legal patterns and trends in the mental health
8professions.

9(D) The psychotherapist-patient privilege, confidentiality, the
10patient dangerous to self or others, and the treatment of minors
11with and without parental consent.

12(E) A recognition and exploration of the relationship between
13a practitioner’s sense of self and human values and his or her
14professional behavior and ethics.

15(F) Differences in legal and ethical standards for different types
16of work settings.

17(G) Licensing law and licensing process.

18

begin deleteSEC. 14.end delete
19
begin insertSEC. 3end insertbegin insert6.end insert  

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

21

4992.05.  

(a) Effective January 1, 2016, an applicant for
22licensure as a clinical social worker shall pass the following two
23examinations as prescribed by the board:

24(1) A California law and ethics examination.

25(2) A clinical examination.

26(b) Upon registration with the board, an associate clinical social
27worker registrant shall, within the first year of registration, take
28an examination on California law and ethics.

29(c) A registrant may take the clinical examination only upon
30meeting all of the following requirements:

31(1) Completion of all education requirements.

32(2) Passage of the California law and ethics examination.

33(3) Completion of all required supervised work experience.

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

35begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 4996.3 of the end insertbegin insertBusiness and Professions Codeend insert
36
begin insert is amended to read:end insert

37

4996.3.  

(a) The board shall assess the following fees relating
38to the licensure of clinical social workers:

39(1) The application fee for registration as an associate clinical
40social worker shall be seventy-five dollars ($75).

P47   1(2) The fee for renewal of an associate clinical social worker
2registration shall be seventy-five dollars ($75).

3(3) The fee for application for examination eligibility shall be
4one hundred dollars ($100).

5(4) The fee for thebegin insert board-administeredend insert clinicalbegin delete examinationend delete
6begin insert examination, if the board chooses to adopt this examination in
7regulations,end insert
shall be one hundred dollars ($100). The fee for the
8California law and ethics examination shall be one hundred dollars
9($100).

10(A) An applicant who fails to appear for an examination, after
11having been scheduled to take the examination, shall forfeit the
12examination fees.

13(B) The amount of the examination fees shall be based on the
14actual cost to the board of developing, purchasing, and grading
15each examination and the actual cost to the board of administering
16each examination. The written examination fees shall be adjusted
17periodically by regulation to reflect the actual costs incurred by
18the board.

19(5) The fee for rescoring an examination shall be twenty dollars
20($20).

21(6) The fee for issuance of an initial license shall be a maximum
22of one hundred fifty-five dollars ($155).

23(7) The fee for license renewal shall be a maximum of one
24hundred fifty-five dollars ($155).

25(8) The fee for inactive license renewal shall be a maximum of
26seventy-seven dollars and fifty cents ($77.50).

27(9) The renewal delinquency fee shall be a maximum of
28seventy-five dollars ($75). A person who permits his or her license
29to expire is subject to the delinquency fee.

30(10) The fee for issuance of a replacement registration, license,
31or certificate shall be twenty dollars ($20).

32(11) The fee for issuance of a certificate or letter of good
33standing shall be twenty-five dollars ($25).

34(12) The fee for issuance of a retired license shall be forty dollars
35($40).

36(b) With regard to license, examination, and other fees, the
37board shall establish fee amounts at or below the maximum
38amounts specified in this chapter.

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

P48   1

begin deleteSEC. 15.end delete
2
begin insertSEC. 38.end insert  

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

4

4996.18.  

(a) A person who wishes to be credited with
5experience toward licensure requirements shall register with the
6board as an associate clinical social worker prior to obtaining that
7experience. The application shall be made on a form prescribed
8by the board.

9(b) An applicant for registration shall satisfy the following
10requirements:

11(1) Possess a master’s degree from an accredited school or
12department of social work.

13(2) Have committed no crimes or acts constituting grounds for
14denial of licensure under Section 480.

15(3) Commencing January 1, 2014, have completed training or
16 coursework, which may be embedded within more than one course,
17in California law and professional ethics for clinical social workers,
18including instruction in all of the following areas of study:

19(A) Contemporary professional ethics and statutes, regulations,
20and court decisions that delineate the scope of practice of clinical
21social work.

22(B) The therapeutic, clinical, and practical considerations
23involved in the legal and ethical practice of clinical social work,
24including, but not limited to, family law.

25(C) The current legal patterns and trends in the mental health
26professions.

27(D) The psychotherapist-patient privilege, confidentiality,
28dangerous patients, and the treatment of minors with and without
29parental consent.

30(E) A recognition and exploration of the relationship between
31a practitioner’s sense of self and human values, and his or her
32professional behavior and ethics.

33(F) Differences in legal and ethical standards for different types
34of work settings.

35(G) Licensing law and process.

36(c) An applicant who possesses a master’s degree from a school
37or department of social work that is a candidate for accreditation
38by the Commission on Accreditation of the Council on Social
39Work Education shall be eligible, and shall be required, to register
40as an associate clinical social worker in order to gain experience
P49   1toward licensure if the applicant has not committed any crimes or
2acts that constitute grounds for denial of licensure under Section
3480. That applicant shall not, however, be eligible to take the
4clinical examination until the school or department of social work
5has received accreditation by the Commission on Accreditation
6of the Council on Social Work Education.

7(d) All applicants and registrants shall be at all times under the
8supervision of a supervisor who shall be responsible for ensuring
9that the extent, kind, and quality of counseling performed is
10consistent with the training and experience of the person being
11supervised, and who shall be responsible to the board for
12compliance with all laws, rules, and regulations governing the
13practice of clinical social work.

14(e) Any experience obtained under the supervision of a spouse
15or relative by blood or marriage shall not be credited toward the
16required hours of supervised experience. Any experience obtained
17under the supervision of a supervisor with whom the applicant has
18a personal relationship that undermines the authority or
19effectiveness of the supervision shall not be credited toward the
20required hours of supervised experience.

21(f) An applicant who possesses a master’s degree from an
22accredited school or department of social work shall be able to
23apply experience the applicant obtained during the time the
24accredited school or department was in candidacy status by the
25Commission on Accreditation of the Council on Social Work
26Education toward the licensure requirements, if the experience
27meets the requirements of Section 4996.23. This subdivision shall
28apply retroactively to persons who possess a master’s degree from
29an accredited school or department of social work and who
30obtained experience during the time the accredited school or
31department was in candidacy status by the Commission on
32Accreditation of the Council on Social Work Education.

33(g) An applicant for registration or licensure trained in an
34educational institution outside the United States shall demonstrate
35to the satisfaction of the board that he or she possesses a master’s
36of social work degree that is equivalent to a master’s degree issued
37from a school or department of social work that is accredited by
38the Commission on Accreditation of the Council on Social Work
39Education. These applicants shall provide the board with a
40comprehensive evaluation of the degree and shall provide any
P50   1other documentation the board deems necessary. The board has
2the authority to make the final determination as to whether a degree
3meets all requirements, including, but not limited to, course
4requirements regardless of evaluation or accreditation.

5(h) A registrant shall not provide clinical social work services
6to the public for a fee, monetary or otherwise, except as an
7employee.

8(i) A registrant shall inform each client or patient prior to
9performing any professional services that he or she is unlicensed
10and is under the supervision of a licensed professional.

11

begin deleteSEC. 16.end delete
12
begin insertSEC. 39.end insert  

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

14

4996.23.  

(a) To qualify for licensure as specified in Section
154996.2, each applicant shall complete 3,200 hours of post-master’s
16degree supervised experience related to the practice of clinical
17social work. The experience shall comply with the following:

18(1) At least 1,700 hours shall be gained under the supervision
19of a licensed clinical social worker. The remaining required
20supervised experience may be gained under the supervision of a
21licensed mental health professional acceptable to the board as
22defined by a regulation adopted by the board.

23(2) A minimum of 2,000 hours in clinical psychosocial
24diagnosis, assessment, and treatment, including psychotherapy or
25counseling.

26(3) A maximum of 1,200 hours in client centered advocacy,
27consultation, evaluation, research, direct supervisor contact, and
28workshops, seminars, training sessions, or conferences directly
29related to clinical social work that have been approved by the
30applicant’s supervisor.

31(4) Of the 2,000 clinical hours required in paragraph (2), no less
32than 750 hours shall be face-to-face individual or group
33psychotherapy provided to clients in the context of clinical social
34work services.

35(5) A minimum of two years of supervised experience is required
36to be obtained over a period of not less than 104 weeks and shall
37have been gained within the six years immediately preceding the
38date on which the application for licensure was filed.

39(6) Experience shall not be credited for more than 40 hours in
40any week.

P51   1(b) An individual who submits an application for examination
2eligibility between January 1, 2016, and December 31, 2020, may
3alternatively qualify under the experience requirements that were
4in place on January 1, 2015.

5(c) “Supervision” means responsibility for, and control of, the
6quality of clinical social work services being provided.
7Consultation or peer discussion shall not be considered to be
8supervision.

9(d) (1) Prior to the commencement of supervision, a supervisor
10shall comply with all requirements enumerated in Section 1870 of
11Title 16 of the California Code of Regulations and shall sign under
12penalty of perjury the “Responsibility Statement for Supervisors
13of an Associate Clinical Social Worker” form.

14(2) Supervised experience shall include at least one hour of
15direct supervisor contact for a minimum of 104 weeks. For
16purposes of this subdivision, “one hour of direct supervisor contact”
17means one hour per week of face-to-face contact on an individual
18basis or two hours of face-to-face contact in a group conducted
19within the same week as the hours claimed.

20(3) An associate shall receive at least one additional hour of
21direct supervisor contact for every week in which more than 10
22hours of face-to-face psychotherapy is performed in each setting
23in which experience is gained. No more than six hours of
24supervision, whether individual or group, shall be credited during
25any single week.

26(4) Supervision shall include at least one hour of direct
27supervisor contact during each week for which experience is gained
28in each work setting. Supervision is not required for experience
29gained attending workshops, seminars, training sessions, or
30conferences as described in paragraph (3) of subdivision (a).

31(5) The six hours of supervision that may be credited during
32any single week pursuant to paragraph (3) shall apply only to
33supervision hours gained on or after January 1, 2010.

34(6) Group supervision shall be provided in a group of not more
35than eight supervisees and shall be provided in segments lasting
36no less than one continuous hour.

37(7) Of the 104 weeks of required supervision, 52 weeks shall
38be individual supervision, and of the 52 weeks of required
39individual supervision, not less than 13 weeks shall be supervised
40by a licensed clinical social worker.

P52   1(8) Notwithstanding paragraph (2), an associate clinical social
2worker working for a governmental entity, school, college, or
3university, or an institution that is both a nonprofit and charitable
4institution, may obtain the required weekly direct supervisor
5contact via live two-way videoconferencing. The supervisor shall
6be responsible for ensuring that client confidentiality is preserved.

7(e) The supervisor and the associate shall develop a supervisory
8plan that describes the goals and objectives of supervision. These
9goals shall include the ongoing assessment of strengths and
10limitations and the assurance of practice in accordance with the
11laws and regulations. The associate shall submit to the board the
12initial original supervisory plan upon application for licensure.

13(f) Experience shall only be gained in a setting that meets both
14of the following:

15(1) Lawfully and regularly provides clinical social work, mental
16health counseling, or psychotherapy.

17(2) Provides oversight to ensure that the associate’s work at the
18setting meets the experience and supervision requirements set forth
19in this chapter and is within the scope of practice for the profession
20as defined in Section 4996.9.

21(g) Experience shall not be gained until the applicant has been
22registered as an associate clinical social worker.

23(h) Employment in a private practice as defined in subdivision
24(i) shall not commence until the applicant has been registered as
25an associate clinical social worker.

26(i) A private practice setting is a setting that is owned by a
27licensed clinical social worker, a licensed marriage and family
28therapist, a licensed psychologist, a licensed professional clinical
29counselor, a licensed physician and surgeon, or a professional
30corporation of any of those licensed professions.

31(j) Associates shall not be employed as independent contractors,
32and shall not gain experience for work performed as an independent
33contractor, reported on an IRS Form 1099, or both.

34(k) If volunteering, the associate shall provide the board with a
35letter from his or her employer verifying his or her voluntary status
36upon application for licensure.

37(l) If employed, the associate shall provide the board with copies
38of his or her W-2 tax forms for each year of experience claimed
39upon application for licensure.

P53   1(m) While an associate may be either a paid employee or
2volunteer, employers are encouraged to provide fair remuneration
3to associates.

4(n) An associate shall not do the following:

5(1) Receive any remuneration from patients or clients and shall
6only be paid by his or her employer.

7(2) Have any proprietary interest in the employer’s business.

8(3) Lease or rent space, pay for furnishings, equipment, or
9supplies, or in any other way pay for the obligations of his or her
10employer.

11(o) An associate, whether employed or volunteering, may obtain
12supervision from a person not employed by the associate’s
13employer if that person has signed a written agreement with the
14employer to take supervisory responsibility for the associate’s
15social work services.

16(p) Notwithstanding any other provision of law, associates and
17applicants for examination shall receive a minimum of one hour
18of supervision per week for each setting in which he or she is
19working.

20

begin deleteSEC. 17.end delete
21
begin insertSEC. 4end insertbegin insert0.end insert  

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

23

4999.12.  

For purposes of this chapter, the following terms have
24the following meanings:

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

26(b) “Accredited” means a school, college, or university
27accredited by a regional or national institutional accrediting agency
28that is recognized by the United States Department of Education.

29(c) “Approved” means a school, college, or university that
30possessed unconditional approval by the Bureau for Private
31Postsecondary Education at the time of the applicant’s graduation
32from the school, college, or university.

33(d) “Applicant” means an unlicensed person who has completed
34a master’s or doctoral degree program, as specified in Section
354999.32 or 4999.33, as applicable, and whose application for
36registration as an intern is pending or who has applied for
37examination eligibility, or an unlicensed person who has completed
38the requirements for licensure specified in this chapter and is no
39longer registered with the board as an intern.

P54   1(e) “Licensed professional clinical counselor” or “LPCC” means
2a person licensed under this chapter to practice professional clinical
3counseling, as defined in Section 4999.20.

4(f) “Intern” means an unlicensed person who meets the
5requirements of Section 4999.42 and is registered with the board.

6(g) “Clinical counselor trainee” means an unlicensed person
7who is currently enrolled in a master’s or doctoral degree program,
8as specified in Section 4999.32 or 4999.33, as applicable, that is
9designed to qualify him or her for licensure under this chapter, and
10who has completed no less than 12 semester units or 18 quarter
11units of coursework in any qualifying degree program.

12(h) “Approved supervisor” means an individual who meets the
13following requirements:

14(1) Has documented two years of clinical experience as a
15licensed professional clinical counselor, licensed marriage and
16family therapist, licensed clinical psychologist, licensed clinical
17social worker, or licensed physician and surgeon who is certified
18in psychiatry by the American Board of Psychiatry and Neurology.

19(2) Has received professional training in supervision.

20(3) Has not provided therapeutic services to the clinical
21counselor trainee or intern.

22(4) Has a current and valid license that is not under suspension
23or probation.

24(i) “Client centered advocacy” includes, but is not limited to,
25researching, identifying, and accessing resources, or other activities,
26related to obtaining or providing services and supports for clients
27or groups of clients receiving psychotherapy or counseling services.

28(j) “Advertising” or “advertise” includes, but is not limited to,
29the issuance of any card, sign, or device to any person, or the
30causing, permitting, or allowing of any sign or marking on, or in,
31any building or structure, or in any newspaper or magazine or in
32any directory, or any printed matter whatsoever, with or without
33any limiting qualification. It also includes business solicitations
34communicated by radio or television broadcasting. Signs within
35church buildings or notices in church bulletins mailed to a
36congregation shall not be construed as advertising within the
37meaning of this chapter.

38(k) “Referral” means evaluating and identifying the needs of a
39client to determine whether it is advisable to refer the client to
40other specialists, informing the client of that judgment, and
P55   1communicating that determination as requested or deemed
2appropriate to referral sources.

3(l) “Research” means a systematic effort to collect, analyze, and
4interpret quantitative and qualitative data that describes how social
5characteristics, behavior, emotion, cognitions, disabilities, mental
6disorders, and interpersonal transactions among individuals and
7organizations interact.

8(m) “Supervision” includes the following:

9(1) Ensuring that the extent, kind, and quality of counseling
10performed is consistent with the education, training, and experience
11of the person being supervised.

12(2) Reviewing client or patient records, monitoring and
13evaluating assessment, diagnosis, and treatment decisions of the
14clinical counselor trainee.

15(3) Monitoring and evaluating the ability of the intern or clinical
16counselor trainee to provide services to the particular clientele at
17the site or sites where he or she will be practicing.

18(4) Ensuring compliance with laws and regulations governing
19the practice of licensed professional clinical counseling.

20(5) That amount of direct observation, or review of audio or
21videotapes of counseling or therapy, as deemed appropriate by the
22 supervisor.

23

begin deleteSEC. 18.end delete
24
begin insertSEC. 41.end insert  

Section 4999.12.5 is added to the Business and
25Professions Code
, to read:

26

4999.12.5.  

(a) The title “professional clinical counselor intern”
27or “professional clinical counselor registered intern” is hereby
28renamed “associate professional clinical counselor” or “registered
29associate professional clinical counselor,” respectively. Any
30reference in any statute or regulation to a “professional clinical
31counselor intern” or “professional clinical counselor registered
32intern” shall be deemed a reference to an “associate professional
33clinical counselor” or “registered associate professional clinical
34counselor.”

35(b) Nothing in this section shall be construed to expand or
36constrict the scope of practice of a person licensed or registered
37pursuant to this chapter.

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

P56   1

begin deleteSEC. 19.end delete
2
begin insertSEC. 42.end insert  

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

4

4999.40.  

(a) Each educational institution preparing applicants
5to qualify for licensure shall notify each of its students by means
6of its public documents or otherwise in writing that its degree
7program is designed to meet the requirements of Section 4999.32
8or 4999.33 and shall certify to the board that it has so notified its
9students.

10(b) An applicant for registration or licensure shall submit to the
11board a certification by the applicant’s educational institution that
12the institution’s required curriculum for graduation and any
13associated coursework completed by the applicant does one of the
14following:

15(1) Meets all of the requirements set forth in Section 4999.32.

16(2) Meets all of the requirements set forth in Section 4999.33.

17(c) An applicant trained at an educational institution outside the
18United States shall demonstrate to the satisfaction of the board
19that he or she possesses a qualifying degree that is equivalent to a
20degree earned from an institution of higher education that is
21accredited or approved. These applicants shall provide the board
22with a comprehensive evaluation of the degree performed by a
23foreign credential evaluation service that is a member of the
24National Association of Credential Evaluation Services and shall
25provide any other documentation the board deems necessary.

26

begin deleteSEC. 20.end delete
27
begin insertSEC. 43.end insert  

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

29

4999.47.  

(a) Clinical counselor trainees, interns, and applicants
30shall perform services only as an employee or as a volunteer.

31The requirements of this chapter regarding gaining hours of
32clinical mental health experience and supervision are applicable
33equally to employees and volunteers. Associates and trainees shall
34not be employed as independent contractors, and shall not gain
35experience for work performed as an independent contractor,
36reported on an IRS Form 1099, or both.

37(1) If employed, a clinical counselor intern shall provide the
38board with copies of the corresponding W-2 tax forms for each
39year of experience claimed upon application for licensure as a
40professional clinical counselor.

P57   1(2) If volunteering, a clinical counselor intern shall provide the
2board with a letter from his or her employer verifying the intern’s
3employment as a volunteer upon application for licensure as a
4professional clinical counselor.

5(b) Clinical counselor trainees, interns, and applicants shall not
6receive any remuneration from patients or clients, and shall only
7be paid by their employers.

8(c) While an intern may be either a paid employee or a volunteer,
9employers are encouraged to provide fair remuneration.

10(d) Clinical counselor trainees, interns, and applicants who
11provide voluntary services or other services, and who receive no
12more than a total, from all work settings, of five hundred dollars
13($500) per month as reimbursement for expenses actually incurred
14by those clinical counselor trainees, interns, and applicants for
15services rendered in any lawful work setting other than a private
16practice shall be considered an employee and not an independent
17contractor.

18(e) The board may audit an intern or applicant who receives
19reimbursement for expenses and the intern or applicant shall have
20the burden of demonstrating that the payments received were for
21reimbursement of expenses actually incurred.

22(f) Clinical counselor trainees, interns, and applicants shall only
23perform services at the place where their employer regularly
24conducts business and services, which may include other locations,
25as long as the services are performed under the direction and
26control of the employer and supervisor in compliance with the
27laws and regulations pertaining to supervision. Clinical counselor
28trainees, interns, and applicants shall have no proprietary interest
29in the employer’s business.

30(g) Each educational institution preparing applicants for
31licensure pursuant to this chapter shall consider requiring, and
32shall encourage, its students to undergo individual, marital or
33conjoint, family, or group counseling or psychotherapy, as
34appropriate. Each supervisor shall consider, advise, and encourage
35his or her interns and clinical counselor trainees regarding the
36advisability of undertaking individual, marital or conjoint, family,
37or group counseling or psychotherapy, as appropriate. Insofar as
38it is deemed appropriate and is desired by the applicant, the
39educational institution and supervisors are encouraged to assist
P58   1the applicant in locating that counseling or psychotherapy at a
2reasonable cost.

3

begin deleteSEC. 21.end delete
4
begin insertSEC. 44.end insert  

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

6

4999.52.  

(a) Every applicant for a license as a professional
7clinical counselor shall be examined by the board. The board shall
8examine the candidate with regard to his or her knowledge and
9professional skills and his or her judgment in the utilization of
10appropriate techniques and methods.

11(b) The examinations shall be given at least twice a year at a
12time and place and under supervision as the board may determine.

13(c) The board shall not deny any applicant who has submitted
14a complete application for examination admission to the licensure
15examinations required by this section if the applicant meets the
16educational and experience requirements of this chapter, and has
17not committed any acts or engaged in any conduct that would
18constitute grounds to deny licensure.

19(d) The board shall not deny any applicant whose application
20for licensure is complete admission to the examinations specified
21by paragraph (2) of subdivision (a) of Section 4999.53, nor shall
22the board postpone or delay this examination for any applicant or
23delay informing the candidate of the results of this examination,
24solely upon the receipt by the board of a complaint alleging acts
25or conduct that would constitute grounds to deny licensure.

26(e) If an applicant for the examination specified by paragraph
27(2) of subdivision (a) of Section 4999.53, who has passed the
28California law and ethics examination, is the subject of a complaint
29or is under board investigation for acts or conduct that, if proven
30to be true, would constitute grounds for the board to deny licensure,
31the board shall permit the applicant to take this examination, but
32may notify the applicant that licensure will not be granted pending
33completion of the investigation.

34(f) Notwithstanding Section 135, the board may deny any
35applicant who has previously failed either the California law and
36ethics examination, or the examination specified by paragraph (2)
37of subdivision (a) of Section 4999.53, permission to retake either
38examination pending completion of the investigation of any
39complaints against the applicant.

P59   1(g) Nothing in this section shall prohibit the board from denying
2an applicant admission to any examination, withholding the results,
3or refusing to issue a license to any applicant when an accusation
4or statement of issues has been filed against the applicant pursuant
5to Section 11503 or 11504 of the Government Code, respectively,
6or the application has been denied in accordance with subdivision
7(b) of Section 485.

8(h) Notwithstanding any other provision of law, the board may
9destroy all examination materials two years following the date of
10an examination.

11(i) On and after January 1, 2016, the examination specified by
12paragraph (2) of subdivision (a) of Section 4999.53 shall be passed
13within seven years of an applicant’s initial attempt.

14(j) A passing score on the clinical examination shall be accepted
15by the board for a period of seven years from the date the
16examination was taken.

17(k) No applicant shall be eligible to participate in the
18examination specified by paragraph (2) of subdivision (a) of
19Section 4999.53, if he or she fails to obtain a passing score on this
20examination within seven years from his or her initial attempt. If
21the applicant fails to obtain a passing score within seven years of
22initial attempt, he or she shall obtain a passing score on the current
23version of the California law and ethics examination in order to
24be eligible to retake this examination.

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

26

begin deleteSEC. 22.end delete
27
begin insertSEC. 45.end insert  

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

29

begin deleteSEC. 23.end delete
30
begin insertSEC. 46.end insert  

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

32

4999.60.  

(a) This section applies to persons who are licensed
33outside of California and apply for examination eligibility on or
34after January 1, 2016.

35(b) The board may issue a license to a person who, at the time
36of submitting an application for a license pursuant to this chapter,
37holds a valid license as a professional clinical counselor, or other
38counseling license that allows the applicant to independently
39provide clinical mental health services, in another jurisdiction of
40the United States, if all of the following conditions are satisfied:

P60   1(1) The applicant’s education is substantially equivalent, as
2defined in Section 4999.63.

3(2) The applicant complies with subdivision (c) of Section
44999.40, if applicable.

5(3) The applicant’s supervised experience is substantially
6equivalent to that required for a license under this chapter. The
7board shall consider hours of experience obtained outside of
8California during the six-year period immediately preceding the
9date the applicant initially obtained the license described above.
10If the applicant has less than 3,000 hours of qualifying supervised
11experience, time actively licensed as a professional clinical
12counselor shall be accepted at a rate of 100 hours per month up to
13a maximum of 1,200 hours if the applicant’s degree meets the
14practicum requirement described in subparagraph (C) of paragraph
15(1) of subdivision (b) of Section 4999.63 without exemptions or
16remediation.

17(4) The applicant passes the examinations required to obtain a
18license under this chapter. An applicant who obtained his or her
19license or registration under another jurisdiction may apply for
20licensure with the board without taking the clinical examination
21if both of the following conditions are met:

22(A) The applicant obtained a passing score on the licensing
23examination set forth in regulation as accepted by the board.

24(B) The applicant’s license or registration in that jurisdiction is
25in good standing at the time of his or her application and is not
26revoked, suspended, surrendered, denied, or otherwise restricted
27or encumbered.

28

begin deleteSEC. 24.end delete
29
begin insertSEC. 47.end insert  

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

31

4999.61.  

(a) This section applies to persons who apply for
32examination eligibility or registration on or after January 1, 2016,
33and who do not hold a license as described in Section 4999.60.

34(b) The board shall accept education gainedbegin delete while residing
35outside of Californiaend delete
begin insert end insertbegin insertfrom an out-of-state schoolend insert for purposes of
36satisfying licensure or registration requirements if the education
37is substantially equivalent, as defined in Section 4999.62, and the
38applicant complies with subdivision (c) of Section 4999.40, if
39applicable.

P61   1(c) The board shall accept experience gained outside of
2California for purposes of satisfying licensure or registration
3requirements if the experience is substantially equivalent to that
4required by this chapter.

5

begin deleteSEC. 25.end delete
6
begin insertSEC. 48.end insert  

Section 4999.120 of the Business and Professions
7Code
is amended to read:

8

4999.120.  

The board shall assess fees for the application for
9and the issuance and renewal of licenses and for the registration
10of interns to cover administrative and operating expenses of the
11board related to this chapter. Fees assessed pursuant to this section
12shall not exceed the following:

13(a) The fee for the application for examination eligibility shall
14be up to two hundred fifty dollars ($250).

15(b) The fee for the application for intern registration shall be up
16to one hundred fifty dollars ($150).

17(c) The fee for the application for licensure shall be up to one
18hundred eighty dollars ($180).

19(d) The fee for the board-administered clinical examination, if
20the board chooses to adopt this examination in regulations, shall
21be up to two hundred fifty dollars ($250).

22(e) The fee for the law and ethics examination shall be up to
23one hundred fifty dollars ($150).

24(f) The fee for the issuance of a license shall be up to two
25hundred fifty dollars ($250).

26(g) The fee for annual renewal of an intern registration shall be
27up to one hundred fifty dollars ($150).

28(h) The fee for two-year renewal of licenses shall be up to two
29hundred fifty dollars ($250).

30(i) The fee for issuance of a retired license shall be forty dollars
31($40).

32(j) The fee for rescoring an examination shall be twenty dollars
33($20).

34(k) The fee for issuance of a replacement license or registration
35shall be twenty dollars ($20).

36(l) The fee for issuance of a certificate or letter of good standing
37shall be twenty-five dollars ($25).

38begin insert

begin insertSEC. 49.end insert  

end insert
begin insert

Section 4.5 of this bill incorporates amendments to
39Section 1632 of the Business and Professions Code proposed by
40both this bill and Assembly Bill 2331. It shall only become
P62   1operative if (1) both bills are enacted and become effective on or
2before January 1, 2017, (2) each bill amends Section 1632 of the
3Business and Professions Code, and (3) this bill is enacted after
4Assembly Bill 2331, in which case Section 4 of this bill shall not
5become operative.

end insert
6

begin deleteSEC. 26.end delete
7
begin insertSEC. 50.end insert  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



O

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