BILL NUMBER: SB 1575 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Price (Chair), Corbett, Correa, Emmerson,
Hernandez, Negrete McLeod, Strickland, Vargas, and Wyland)
MARCH 12, 2012
An act to amend Sections 1934, 1950.5, 2021, 2064,
2184, 2220, 2424, 2516, 2518, 2904.5, 3057.5, 3742, 3750, 3750.5,
4209, 4600, 4601, 4603.7, 4612, 4980.04, 4980.34,
4980.398, 4980.399, 4980.43, 4980.44, 4980.48, 4980.78,
4980.80, 4984.4, 4989.16, 4989.42, 4992.07, 4992.09, 4996.6, 4999.22,
4999.32, 4999.46, 4999.57, 4999.58, 4999.59,
4999.62, 4999.76, 4999.90, 4999.106, and 4999.120 of, to add
Section Sections 144.5 , 1902.2,
1942, 1958.1, and 4300.1 to repeal Section 1909.5 of
, and to repeal and amend Section 4999.45 of, the Business and
Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1575, as amended, Committee on Business, Professions and
Economic Development. Professions and vocations.
Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs.
(1) Under existing law, specified professions and vocations boards
are required to require an applicant to furnish to the board a full
set of fingerprints in order to conduct a criminal history record
check.
This bill would authorize such a board to request, and would
require a local or state agency to provide, certified records of,
among other things, all arrests and convictions needed by a board to
complete an applicant or licensee investigation. By imposing
additional duties on local agencies, the bill would impose a
state-mandated local program.
(2) Existing law, the Dental Practice Act, provides for the
licensure and regulation of the practice of dentistry by the Dental
Board of California within the Department of Consumer Affairs.
Existing law establishes the Dental Hygiene Committee of California
under the jurisdiction of the board and provides for the licensure
and regulation of the practice of dental hygienists by the committee.
This bill would require dental hygienists, upon initial licensure
and renewal, to report their employment status to the committee and
would require that information to be posted on the committee's
Internet Web site. This bill would also require an approval dental
hygiene education program to register extramural dental facilities,
as defined, with the committee.
Existing law provides that a dental hygienist may have his or her
license suspended or revoked by the board for committing acts of
unprofessional conduct, as defined.
This bill would include within the definition of unprofessional
conduct the aiding or abetting of the unlicensed or unlawful practice
of dental hygiene and knowingly failing to follow infection control
guidelines, as specified.
Existing law authorizes the committee to deny an application for
licensure or to revoke or suspend a license for specified reasons.
This bill would require the committee to deny a license or renewal
of a license to any person who is required by law to register as a
sex offender.
(2)
(3) Existing law, the Medical Practice Act, provides
for the licensure and regulation of physicians and surgeons by the
Medical Board of California. Under existing law, the board issues a
physician and surgeon's certificate to a licensed physician and
surgeon. Existing law provides for the licensure and regulation of
the practice of podiatric medicine by the California Board of
Podiatric Medicine within the Medical Board of California.
Existing law requires the Medical Board of California and the
California Board of Podiatric Medicine to provide written
notification by certified mail to any physician and surgeon or
podiatrist who does not renew his or her license within 60 days of
expiration.
This bill would require the Medical Board of California and the
California Board of Podiatric Medicine to provide that written
notification either by certified mail or by electronic mail if
requested by the licensee. The bill would require the Medical Board
of California to annually send an electronic notice to all licensees
and applicants requesting confirmation that his or her electronic
mail address is current.
Existing law authorizes the Medical Board of California to take
action against all persons guilty of violating the Medical Practice
Act. Existing law requires the Medical Board of California to enforce
and administer various disciplinary provisions as to physician and
surgeon certificate holders.
This bill would specify that those certificate holders include
those who hold certificates that do not permit them to practice
medicine, such as, but not limited to, retired, inactive, or disabled
status certificate holders.
(3)
(4) Existing law, the Licensed Midwifery Practice Act
of 1993, provides for the licensure and regulation of the practice of
licensed midwifery by the Medical Board of California. A violation
of the act is a crime. Under existing law, these licenses are subject
to biennial renewal that includes the payment of a specified fee and
the completion of specified continuing education.
This bill would exempt a licensee from those renewal requirements
if the licensee has applied to the board and has been issued a
retired status license. The bill would prohibit the holder of a
retired status license from engaging in the practice of midwifery.
Because a violation of that prohibition would constitute a crime, the
bill would impose a state-mandated local program.
(4)
(5) Existing law, the Psychology Licensing Law,
provides for the licensure and regulation of psychologists by the
Board of Psychology. Existing law provides that a licensed
psychologist is a health care practitioner for purposes of specified
telehealth provisions that concern the delivery of health care via
information and communication technologies.
This bill would instead provide that a licensed psychologist is a
health care provider subject to those telehealth provisions.
(5)
(6) Existing law, the Respiratory Care Practice Act,
provides for the licensure and regulation of the practice of
respiratory care by the Respiratory Care Board of California.
Under existing law, during the period of any clinical training, a
student respiratory care practitioner is required to be under the
direct supervision, as defined, of a person holding a valid and
current license.
This bill would require such a student to be under the direct
supervision of a person with a valid, current, and unrestricted
license.
Existing law authorizes the board to order the denial, suspension,
or revocation of, or the imposition of probationary conditions upon,
a license for specified causes including a pattern of substandard
care.
This bill would expand that provision to also include negligence
in the licensee's practice as a respiratory care practitioner, or in
any capacity as a health care worker, consultant, supervisor, manager
or health facility owner, or as a party responsible for the care of
another.
Existing law authorizes the board to deny, suspend, place on
probation, or revoke the license of any applicant or licenseholder
who has obtained, possessed, used, or administered to himself or
herself, or furnished or administered to another, any controlled
substances or dangerous drug, except as directed by a specified
health care provider.
This bill would also make illegally possessing any associated
paraphernalia a ground for the denial, suspension, placing on
probation, or revocation of a license.
(7) Existing law, the Pharmacy Law, provides for the California
State Board of Pharmacy within the Department of Consumer Affairs, to
license and regulate the practice of pharmacy.
Existing law authorizes the board to suspend or revoke a license
if the holder has been convicted of certain crimes or has engaged in
unprofessional conduct, as specified.
This bill would modify the practice requirements applicable to
intern pharmacists. The bill would also provide that the board
continues to have jurisdiction in a disciplinary action against a
licensee, even if the license is expired, cancelled, forfeited,
suspended, revoked, placed on retired status, or voluntarily
surrendered.
(8) Existing law provides for the voluntary certification of
massage practitioners and massage therapists by the California
Massage Therapy Council. Existing law provides specified educational
and other requirements for an applicant to obtain a massage therapy
certificate.
This bill would set minimum educational hour and course
requirements for an applicant to qualify to receive a massage therapy
certificate. The bill would also define "operator of a massage
business" for purposes of these provisions.
Existing law requires a certificate holder to display the
certificate at his or her place of business.
This bill would require the certificate holder to display the
original certificate at his or her place of business and to have the
identification card, issued by the council, with him or her whenever
providing massage therapy services. This bill would also require a
massage therapist to surrender his or her identification card when
his or her certificate is suspended or revoked.
Existing law authorizes a city, county, or city and county to
require background checks of certain uncertified owners or operators
of massage therapy establishments.
This bill would authorize that background check to include a
criminal background check, including submission of fingerprints and
employment history for the 10 preceding years.
Existing law authorizes a city, county, or city and county to
charge certain massage businesses or establishments a business
licensing fee, provided that the fee charged is no different than
what is uniformly applied to other individuals and businesses
providing professional services, as specified.
The bill would require that the licensing fee charged to massage
businesses or establishments be no higher than those charged to other
professions. The bill would also prohibit a city, county, or city
and county from requesting information from those businesses or
establishments that is different from that requested of others
providing professional services.
(6)
(9) Under existing law, the Board of Behavioral
Sciences is responsible for the licensure and regulation of marriage
and family therapists, licensed educational psychologists, licensed
clinical social workers, and licensed professional clinical
counselors.
Under existing law, a license that is not renewed within 3 years
after its expiration may not be renewed. However, the former licensee
is authorized to apply for and obtain a new license if certain
requirements are met, including, but not limited to, passing one or
more current licensing examinations, as specified and submitting
certain fees.
This bill would additionally require a former licensee to comply
with the fingerprint requirements established by board regulation or
as directed by the board. The bill would make other technical
and clarifying changes.
(A)
(10) Existing law, the Marriage and Family Therapist
Act, with respect to applicants for licensure or registration by
reciprocity or for those applicants who obtained education or
experience outside of California that apply on and after January 1,
2014, existing law provides that education is substantially
equivalent if certain requirements are met, including the completion
of a course in California law and professional ethics.
This bill would require that course to be 18 hours in length.
For persons who apply for licensure between January 1, 2010, and
December 31, 2013, existing law authorizes the board to issue a
license to a person who holds a valid license from another state if
certain requirements are met, including the completion of specified
coursework or training. Existing law provides that an applicant who
completed a specified course in law and professional ethics is
required to complete an 18-hour course in California law and
professional ethics.
This bill would instead specify that an 18-hour course in
California law and professional ethics is only required if the above
specified course in law and professional ethics does not meet certain
requirements. The bill would make other technical changes to
those provisions.
The bill would rename the act as the Licensed Marriage and Family
Therapist Act.
(B)
(11) Existing law, the Licensed Professional Clinical
Counselor Act, provides for the licensure and regulation of the
practice of professional clinical counseling by the Board of
Behavioral Sciences.
Under existing law, to qualify for registration, an intern
applicant is required to meet certain qualifications. With respect to
applicants for registration who began graduate study before August
1, 2012, and complete study on or before December 31, 2018, an
applicant is required to complete a minimum of 18 contact hours of
instruction in California law and professional ethics prior to
registration as an intern.
This bill would describe the content of that instruction for
professional clinical counselors.
Existing law authorizes the board to refuse to issue any
registration or license, or to suspend or revoke the registration or
license of any intern or licensed professional clinical counselor, if
the applicant, licensee, or registrant has been guilty of
unprofessional conduct that includes, but is not limited to, the
conviction of more than one misdemeanor or any felony involving the
use, consumption, or self-administration of any of specified
substances, or any combination thereof.
This bill would delete the conviction of more than one misdemeanor
or any felony involving the use, consumption, or self-administration
of any of specified substances, or any combination thereof, from the
list of what constitutes professional conduct. The bill would make
it unprofessional conduct to willfully violate specified provisions
governing patient access to health care records.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 144.5 is added to the Business and Professions
Code, to read:
144.5. Notwithstanding any other provision of law, a board
described in Section 144 may request a local or state agency to
provide certified records of all arrests and convictions, certified
records regarding probation, and any and all other related
documentation needed to complete an applicant or licensee
investigation. The local or state agency shall provide those records
to the board upon receipt of such a request.
SEC. 2. Section 1902.2 is added to the
Business and Professions Code , to read:
1902.2. (a) A licensee shall report, upon his or her initial
licensure and any subsequent application for renewal or inactive
license, the practice or employment status of the licensee,
designated as one of the following:
(1) Full-time practice or employment in a dental or dental hygiene
practice of 32 hours per week or more in California.
(2) Full-time practice or employment in a dental or dental hygiene
practice of 32 hours or more outside of California.
(3) Part-time practice or employment in a dental or dental hygiene
practice for less than 32 hours per week in California.
(4) Part-time practice or employment in a dental or dental hygiene
practice for less than 32 hours per week outside of California.
(5) Dental hygiene administrative employment that does not include
direct patient care, as may be further defined by the committee.
(6) Retired.
(7) Other practice or employment status, as may be further defined
by the committee.
(b) Information collected pursuant to subdivision (a) shall be
posted on the Internet Web site of the committee.
(c) (1) A licensee may report on his or her application for
renewal, and the committee, as appropriate, shall collect,
information regarding the licensee's cultural background and foreign
language proficiency.
(2) Information collected pursuant to this subdivision shall be
aggregated on an annual basis, based on categories utilized by the
committee in the collection of the data, into both statewide totals
and ZIP Code of primary practice or employment location totals.
(3) Aggregated information under this subdivision shall be
compiled annually, and reported on the Internet Web site of the
committee as appropriate, on or before July 1 of each year.
(d) It is the intent of the Legislature to utilize moneys in the
State Dental Hygiene Fund to pay any cost incurred by the committee
in implementing this section.
SEC. 3. Section 1909.5 of the
Business and Professions Code is repealed.
1909.5. Courses of instruction for direct supervision duties
added to the scope of practice of dental hygiene on or after July 1,
2009, shall be submitted by the committee for approval by the dental
board.
SEC. 4. Section 1934 of the
Business and Professions Code is amended to read:
1934. A licensee who changes his or her physical
address of record or e -mail address shall
notify the committee within 30 days of the change. A licensee who
changes his or her legal name shall provide the committee with
documentation of the change within 10 days.
SEC. 5. Section 1942 is added to the
Business and Professions Code , to read:
1942. (a) As used in this section "extramural dental facility"
means any clinical facility employed by an approved dental hygiene
educational program for instruction in dental hygiene that exists
outside or beyond the walls, boundaries, or precincts of the primary
campus of the approved program and in which dental hygiene services
are rendered.
(b) An approved dental hygiene educational program shall register
extramural dental facilities with the committee. The registration
shall be accompanied by information supplied by the dental hygiene
program pertaining to faculty supervision, scope of treatment to be
rendered, name and location of the facility, date operation will
commence, discipline of which such instruction is a part, and a brief
description of the equipment and facilities available. That
information shall be supplemented by a copy of the agreement between
the approved dental hygiene educational program or parent university
and the affiliated institution establishing the contractual
relationship. Any change in the information provided to the committee
shall be communicated to the committee.
SEC. 6. Section 1950.5 of the
Business and Professions Code is amended to read:
1950.5. Unprofessional conduct by a person licensed under this
article is defined as, but is not limited to, any one of the
following:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) The aiding or abetting of any unlicensed person to practice
dentistry or dental hygiene .
(c) The aiding or abetting of a licensed person to practice
dentistry or dental hygiene unlawfully.
(d) The committing of any act or acts of sexual abuse, misconduct,
or relations with a patient that are substantially related to the
practice of dental hygiene.
(e) The use of any false, assumed, or fictitious name, either as
an individual, firm, corporation, or otherwise, or any name other
than the name under which he or she is licensed to practice, in
advertising or in any other manner indicating that he or she is
practicing or will practice dentistry, except that name as is
specified in a valid permit issued pursuant to Section
1701.5 1962 .
(f) The practice of accepting or receiving any commission or the
rebating in any form or manner of fees for professional services,
radiograms radiographs , prescriptions,
or other services or articles supplied to patients.
(g) The making use by the licensee or any agent of the licensee of
any advertising statements of a character tending to deceive or
mislead the public.
(h) The advertising of either professional superiority or the
advertising of performance of professional services in a superior
manner. This subdivision shall not prohibit advertising permitted by
subdivision (h) of Section 651.
(i) The employing or the making use of solicitors.
(j) Advertising in violation of Section 651.
(k) Advertising to guarantee any dental hygiene service, or to
perform any dental hygiene procedure painlessly. This subdivision
shall not prohibit advertising permitted by Section 651.
(l) The violation of any of the provisions of this division.
(m) The permitting of any person to operate dental radiographic
equipment who has not met the requirements of Section 1656
to do so, as determined by the committee .
(n) The clearly excessive administering of drugs or treatment, or
the clearly excessive use of treatment procedures, or the clearly
excessive use of treatment facilities, as determined by the customary
practice and standards of the dental hygiene profession.
Any person who violates this subdivision is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) or more than six hundred dollars ($600), or by
imprisonment for a term of not less than 60 days or more than 180
days, or by both a fine and imprisonment.
(o) The use of threats or harassment against any patient or
licensee for providing evidence in any possible or actual
disciplinary action, or other legal action; or the discharge of an
employee primarily based on the employee's attempt to comply with the
provisions of this chapter or to aid in the compliance.
(p) Suspension or revocation of a license issued, or discipline
imposed, by another state or territory on grounds that would be the
basis of discipline in this state.
(q) The alteration of a patient's record with intent to deceive.
(r) Unsanitary or unsafe office conditions, as determined by the
customary practice and standards of the dental hygiene profession.
(s) The abandonment of the patient by the licensee, without
written notice to the patient that treatment is to be discontinued
and before the patient has ample opportunity to secure the services
of another registered dental hygienist, registered dental hygienist
in alternative practice, or registered dental hygienist in extended
functions and provided the health of the patient is not jeopardized.
(t) The willful misrepresentation of facts relating to a
disciplinary action to the patients of a disciplined licensee.
(u) Use of fraud in the procurement of any license issued pursuant
to this article.
(v) Any action or conduct that would have warranted the denial of
the license.
(w) The aiding or abetting of a registered dental hygienist,
registered dental hygienist in alternative practice, or registered
dental hygienist in extended functions to practice dental hygiene in
a negligent or incompetent manner.
(x) The failure to report to the committee in writing within seven
days any of the following: (1) the death of his or her patient
during the performance of any dental hygiene procedure; (2) the
discovery of the death of a patient whose death is related to a
dental hygiene procedure performed by him or her; or (3) except for a
scheduled hospitalization, the removal to a hospital or emergency
center for medical treatment for a period exceeding 24 hours of any
patient as a result of dental or dental hygiene treatment. Upon
receipt of a report pursuant to this subdivision, the committee may
conduct an inspection of the dental hygiene practice office if the
committee finds that it is necessary.
(y) A registered dental hygienist, registered dental hygienist in
alternative practice, or registered dental hygienist in extended
functions shall report to the committee all deaths occurring in his
or her practice with a copy sent to the dental board if the death
occurred while working as an employee in a dental office. A dentist
shall report to the dental board all deaths occurring in his or her
practice with a copy sent to the committee if the death was the
result of treatment by a registered dental hygienist, registered
dental hygienist in alternative practice, or registered dental
hygienist in extended functions.
(z) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the committee,
thereby risking transmission of infectious diseases from dental
assistant, registered dental assistant, registered dental hygienist,
registered dental hygienist in alternative practice, or registered
dental hygienist in extended functions to patient, from patient to
patient, and from patient to dental assistant, registered dental
assistant, registered dental hygienist, registered dental hygienist
in alternative practice, or registered dental hygienist in extended
functions. In administering this subdivision, the committee shall
consider referencing the standards, regulations, and guidelines of
the State Department of Public Health developed pursuant to Section
1250.11 of the Health and Safety Code, and the standards, guidelines,
and regulations pursuant to the California Occupational Safety and
Health Act of 1973 (Part 1 (commencing with Section 6300) of Division
5 of the Labor Code) for preventing the transmission of HIV,
hepatitis B, and other pathogens in health care settings. The
committee shall review infection control guidelines, if necessary, on
an annual basis and proposed changes shall be reviewed by the dental
board to establish a consensus. The dental board shall submit any
recommended changes to the infection control guidelines for review to
establish a consensus. As necessary, the committee shall consult
with the Medical Board of California, the California Board of
Podiatric Medicine, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
SEC. 7. Section 1958.1 is added to the
Business and Professions Code , to read:
1958.1. (a) Notwithstanding any other law, with regard to an
individual who is required to register as a sex offender pursuant to
Section 290 of the Penal Code, or the equivalent in another state or
territory, under military law, or under federal law, all of the
following shall apply:
(1) The committee shall deny an application by the individual for
licensure pursuant to this article.
(2) If the individual is licensed under this article, the
committee shall promptly revoke the license of the individual. The
committee shall not stay the revocation nor place the license on
probation.
(3) The committee shall not reinstate or reissue the individual's
licensure under this article. The committee shall not issue a stay of
license denial and place the license on probation.
(b) This section shall not apply to any of the following:
(1) An individual who has been relieved under Section 290.5 of the
Penal Code of his or her duty to register as a sex offender, or
whose duty to register has otherwise been formally terminated under
California law or the law of the jurisdiction that requires his or
her registration as a sex offender.
(2) An individual who is required to register as a sex offender
pursuant to Section 290 of the Penal Code solely because of a
misdemeanor conviction under Section 314 of the Penal Code. However,
nothing in this paragraph shall prohibit the committee from
exercising its discretion to discipline a licensee under other
provisions of state law based upon the licensee's conviction under
Section 314 of the Penal Code.
(3) Any administrative adjudication proceeding under Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code that is fully adjudicated prior to January 1,
2013. A petition for reinstatement of a revoked or surrendered
license shall be considered a new proceeding for purposes of this
paragraph, and the prohibition against reinstating a license to an
individual who is required to register as a sex offender shall be
applicable.
SEC. 2. SEC. 8. Section 2021 of the
Business and Professions Code is amended to read:
2021. (a) If the board publishes a directory pursuant to Section
112, it may require persons licensed pursuant to this chapter to
furnish any information as it may deem necessary to enable it to
compile the directory.
(b) Each licensee shall report to the board each and every change
of address within 30 days after each change, giving both the old and
new address. If an address reported to the board at the time of
application for licensure or subsequently is a post office box, the
applicant shall also provide the board with a street address. If
another address is the licensee's address of record, he or she may
request that the second address not be disclosed to the public.
(c) Each licensee shall report to the board each and every change
of name within 30 days after each change, giving both the old and new
names.
(d) The board shall annually send an electronic notice to each
applicant and licensee who has chosen to receive correspondence via
electronic mail that requests confirmation from the applicant or
licensee that his or her electronic mail address is current. An
applicant or licensee that does not confirm his or her electronic
mail address shall receive correspondence at a mailing address
provided pursuant to subdivision (b).
SEC. 3. SEC. 9. Section 2064 of the
Business and Professions Code is amended to read:
2064. Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved medical school, or to prevent a foreign
medical student who is enrolled in an approved medical school or
clinical training program in this state, or to prevent students
enrolled in a program of supervised clinical training under the
direction of an approved medical school pursuant to Section 2104,
from engaging in the practice of medicine whenever and wherever
prescribed as a part of his or her course of study.
SEC. 4. SEC. 10. Section 2184 of the
Business and Professions Code is amended to read:
2184. (a) Each applicant shall obtain on the written examination
a passing score, established by the board pursuant to Section 2177.
(b) (1) Passing scores on each step of the United States Medical
Licensing Examination shall be valid for a period of 10 years from
the month of the examination for purposes of qualification for
licensure in California.
(2) The period of validity provided for in paragraph (1) may be
extended by the board for any of the following:
(A) For good cause.
(B) For time spent in a postgraduate training program, including,
but not limited to, residency training, clinical training, fellowship
training, remedial or refresher training, or other training that is
intended to maintain or improve medical skills.
(C) For an applicant who is a physician and surgeon in another
state or a Canadian province who is currently and actively practicing
medicine in that state or province.
(3) Upon expiration of the 10-year period plus any extension
granted by the board under paragraph (2), the applicant shall pass
the Special Purpose Examination of the Federation of State Medical
Boards or a clinical competency written examination determined by the
board to be equivalent.
SEC. 5. SEC. 11. Section 2220 of the
Business and Professions Code is amended to read:
2220. Except as otherwise provided by law, the board may take
action against all persons guilty of violating this chapter. The
board shall enforce and administer this article as to physician and
surgeon certificate holders, including those who hold certificates
that do not permit them to practice medicine, such as, but not
limited to, retired, inactive, or disabled status certificate
holders, and the board shall have all the powers granted in this
chapter for these purposes including, but not limited to:
(a) Investigating complaints from the public, from other
licensees, from health care facilities, or from the board that a
physician and surgeon may be guilty of unprofessional conduct. The
board shall investigate the circumstances underlying a report
received pursuant to Section 805 or 805.01 within 30 days to
determine if an interim suspension order or temporary restraining
order should be issued. The board shall otherwise provide timely
disposition of the reports received pursuant to Section 805 and
Section 805.01.
(b) Investigating the circumstances of practice of any physician
and surgeon where there have been any judgments, settlements, or
arbitration awards requiring the physician and surgeon or his or her
professional liability insurer to pay an amount in damages in excess
of a cumulative total of thirty thousand dollars ($30,000) with
respect to any claim that injury or damage was proximately caused by
the physician's and surgeon's error, negligence, or omission.
(c) Investigating the nature and causes of injuries from cases
which shall be reported of a high number of judgments, settlements,
or arbitration awards against a physician and surgeon.
SEC. 6. SEC. 12. Section 2424 of the
Business and Professions Code is amended to read:
2424. (a) The board or the California Board of Podiatric
Medicine, as the case may be, shall notify in writing either by
certified mail, return receipt requested, or by electronic mail if
requested by the licensee, any physician and surgeon or any
podiatrist who does not renew his or her license within 60 days from
its date of expiration.
(b) Notwithstanding Section 163.5, any such licensee who does not
renew his or her expired license within 90 days of its date of
expiration shall pay all the following fees:
(1) The renewal fee in effect at the time of renewal.
(2) A penalty fee equal to 50 percent of the renewal fee.
(3) The delinquency fee required by Section 2435 or 2499.5, as the
case may be.
(c) Notwithstanding any other provision of law, the renewal of any
expired physician's and surgeon's or podiatrist's license within six
months from its date of expiration shall be retroactive to the date
of expiration of that license. The division or board, for good cause,
may waive the 50 percent penalty fee and may extend retroactivity up
to two years from the expiration date of any such license.
SEC. 7. SEC. 13. Section 2516 of the
Business and Professions Code is amended to read:
2516. (a) Each licensed midwife who assists, or supervises a
student midwife in assisting, in childbirth that occurs in an
out-of-hospital setting shall annually report to the Office of
Statewide Health Planning and Development. The report shall be
submitted no later than March 30, with the first report due in March
2008, for the prior calendar year, in a form specified by the board
and shall contain all of the following:
(1) The midwife's name and license number.
(2) The calendar year being reported.
(3) The following information with regard to cases in California
in which the midwife, or the student midwife supervised by the
midwife, assisted during the previous year when the intended place of
birth at the onset of care was an out-of-hospital setting:
(A) The total number of clients served as primary caregiver at the
onset of care.
(B) The total number of clients served with collaborative care
available through, or given by, a licensed physician and surgeon.
(C) The total number of clients served under the supervision of a
licensed physician and surgeon.
(D) The number by county of live births attended as primary
caregiver.
(E) The number, by county, of cases of fetal demise, infant
deaths, and maternal deaths attended as primary caregiver at the
discovery of the demise or death.
(F) The number of women whose primary care was transferred to
another health care practitioner during the antepartum period, and
the reason for each transfer.
(G) The number, reason, and outcome for each elective hospital
transfer during the intrapartum or postpartum period.
(H) The number, reason, and outcome for each urgent or emergency
transport of an expectant mother in the antepartum period.
(I) The number, reason, and outcome for each urgent or emergency
transport of an infant or mother during the intrapartum or immediate
postpartum period.
(J) The number of planned out-of-hospital births at the onset of
labor and the number of births completed in an out-of-hospital
setting.
(K) The number of planned out-of-hospital births completed in an
out-of-hospital setting that were any of the following:
(i) Twin births.
(ii) Multiple births other than twin births.
(iii) Breech births.
(iv) Vaginal births after the performance of a cesarean section.
(L) A brief description of any complications resulting in the
morbidity or mortality of a mother or a neonate.
(M) Any other information prescribed by the board in regulations.
(b) The Office of Statewide Health Planning and Development shall
maintain the confidentiality of the information submitted pursuant to
this section, and shall not permit any law enforcement or regulatory
agency to inspect or have copies made of the contents of any reports
submitted pursuant to subdivision (a) for any purpose, including,
but not limited to, investigations for licensing, certification, or
regulatory purposes.
(c) The office shall report to the board, by April 30, those
licensees who have met the requirements of subdivision (a) for that
year.
(d) The board shall send a written notice of noncompliance to each
licensee who fails to meet the reporting requirement of subdivision
(a). Failure to comply with subdivision (a) will result in the
midwife being unable to renew his or her license without first
submitting the requisite data to the Office of Statewide Health
Planning and Development for the year for which that data was missing
or incomplete. The board shall not take any other action against the
licensee for failure to comply with subdivision (a).
(e) The board, in consultation with the office and the Midwifery
Advisory Council, shall devise a coding system related to data
elements that require coding in order to assist in both effective
reporting and the aggregation of data pursuant to subdivision (f).
The office shall utilize this coding system in its processing of
information collected for purposes of subdivision (f).
(f) The office shall report the aggregate information collected
pursuant to this section to the board by July 30 of each year. The
board shall include this information in its annual report to the
Legislature.
(g) Notwithstanding any other provision of law, a violation of
this section shall not be a crime.
SEC. 8. SEC. 14. Section 2518 of the
Business and Professions Code is amended to read:
2518. (a) Licenses issued pursuant to this article shall be
renewable every two years upon payment of the fee prescribed by
Section 2520 and submission of documentation that the licenseholder
has completed 36 hours of continuing education in areas that fall
within the scope of the practice of midwifery, as specified by the
board.
(b) Each license not renewed shall expire, but may be reinstated
within five years from the expiration upon payment of the prescribed
fee and upon submission of proof of the applicant's qualifications as
the board may require.
(c) A licensee is exempt from the payment of the renewal fee
required by Section 2520 and the requirement for continuing education
if the licensee has applied to the board for, and been issued, a
retired status license. The holder of a retired status license may
not engage in the practice of midwifery.
SEC. 9.
SEC. 15. Section 2904.5 of the Business and Professions
Code is amended to read:
2904.5. A psychologist licensed under this chapter is a
licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care provider subject to the
provisions of Section 2290.5.
SEC. 10. SEC. 16. Section 3057.5 of
the Business and Professions Code is amended to read:
3057.5. Notwithstanding any other provision of this chapter, the
board shall permit a graduate of a foreign university who meets all
of the following requirements to take the examinations for a
certificate of registration as an optometrist:
(a) Is over the age of 18 years.
(b) Is not subject to denial of a certificate under Section 480.
(c) Has a degree as a doctor of optometry issued by a university
located outside of the United States.
SEC. 11. SEC. 17. Section 3742 of
the Business and Professions Code is amended to read:
3742. During the period of any clinical training, a student
respiratory care practitioner shall be under the direct supervision
of a person holding a valid, current, and unrestricted license issued
under this chapter. "Under the direct supervision" means assigned to
a respiratory care practitioner who is on duty and immediately
available in the assigned patient care area.
SEC. 12. SEC. 18. Section 3750 of
the Business and Professions Code is amended to read:
3750. The board may order the denial, suspension, or revocation
of, or the imposition of probationary conditions upon, a license
issued under this chapter, for any of the following causes:
(a) Advertising in violation of Section 651 or Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Knowingly employing unlicensed persons who present themselves
as licensed respiratory care practitioners.
(d) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a respiratory care
practitioner. The record of conviction or a certified copy thereof
shall be conclusive evidence of the conviction.
(e) Impersonating or acting as a proxy for an applicant in any
examination given under this chapter.
(f) Negligence in his or her practice as a respiratory care
practitioner.
(g) Conviction of a violation of any of the provisions of this
chapter or of any provision of Division 2 (commencing with Section
500), or violating, or attempting to violate, directly or indirectly,
or assisting in or abetting the violation of, or conspiring to
violate any provision or term of this chapter or of any provision of
Division 2 (commencing with Section 500).
(h) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(i) The aiding or abetting of any person to engage in the unlawful
practice of respiratory care.
(j) The commission of any fraudulent, dishonest, or corrupt act
which is substantially related to the qualifications, functions, or
duties of a respiratory care practitioner.
(k) Falsifying, or making grossly incorrect, grossly inconsistent,
or unintelligible entries in any patient, hospital, or other record.
(l) Changing the prescription of a physician and surgeon, or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Denial, suspension, or revocation of any license to practice
by another agency, state, or territory of the United States for any
act or omission that would constitute grounds for the denial,
suspension, or revocation of a license in this state.
(n) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Health Services developed pursuant to Section 1250.11
of the Health and Safety Code and the standards, regulations, and
guidelines pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary, the board shall consult with the California Medical Board,
the Board of Podiatric Medicine, the Board of Dental Examiners, the
Board of Registered Nursing, and the Board of Vocational Nursing and
Psychiatric Technicians, to encourage appropriate consistency in the
implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(o) Incompetence in his or her practice as a respiratory care
practitioner.
(p) A pattern of substandard care or negligence in his or her
practice as a respiratory care practitioner, or in any capacity as a
health care worker, consultant, supervisor, manager or health
facility owner, or as a party responsible for the care of another.
SEC. 13. SEC. 19. Section 3750.5 of
the Business and Professions Code is amended to read:
3750.5. In addition to any other grounds specified in this
chapter, the board may deny, suspend, place on probation, or revoke
the license of any applicant or licenseholder who has done any of the
following:
(a) Obtained, possessed, used, or administered to himself or
herself in violation of law, or furnished or administered to another,
any controlled substances as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, or any dangerous drug
as defined in Article 2 (commencing with Section 4015) of Chapter 9,
except as directed by a licensed physician and surgeon, dentist,
podiatrist, or other authorized health care provider, or illegally
possessed any associated paraphernalia.
(b) Used any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9 of this code, or alcoholic beverages, to an extent
or in a manner dangerous or injurious to himself or herself, or to
others, or that impaired his or her ability to conduct with safety
the practice authorized by his or her license.
(c) Applied for employment or worked in any health care profession
or environment while under the influence of alcohol.
(d) Been convicted of a criminal offense involving the consumption
or self-administration of any of the substances described in
subdivisions (a) and (b), or the possession of, or falsification of a
record pertaining to, the substances described in subdivision (a),
in which event the record of the conviction is conclusive evidence
thereof.
(e) Been committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any of
the substances described in subdivisions (a), (b), and (c), in which
event the court order of commitment or confinement is prima facie
evidence of that commitment or confinement.
(f) Falsified, or made grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).
SEC. 20. Section 4209 of the Business
and Professions Code is amended to read:
4209. (a) (1) An intern pharmacist shall complete 1,500 hours of
pharmacy practice before applying for the pharmacist licensure
examination.
(2) This pharmacy practice shall comply with the Standards of
Curriculum established by the Accreditation Council for Pharmacy
Education or with regulations adopted by the board.
(b) An intern pharmacist shall submit proof of his or her
experience on board-approved affidavits, or another form specified by
the board, which shall be certified under penalty of perjury by a
pharmacist under whose supervision such experience was obtained or by
the pharmacist-in-charge at the pharmacy while the pharmacist intern
obtained the experience. Intern hours earned in another state
may be certified by the licensing agency of that state to
document proof of those hours.
(c) An applicant for the examination who has been licensed as a
pharmacist in any state for at least one year, as certified by the
licensing agency of that state, may submit this certification to
satisfy the required 1,500 hours of intern experience ,
provided that the applicant has obtained a minimum of 900 hours
of pharmacy practice experience in a pharmacy as a pharmacist .
Certification of an applicant's licensure in another state shall be
submitted in writing and signed, under oath, by a duly authorized
official of the state in which the license is held.
SEC. 21. Section 4300.1 is added to the
Business and Professions Code , to read:
4300.1. The expiration, cancellation, forfeiture, or suspension
of a board-issued license by operation of law or by order or decision
of the board or a court of law, the placement of a license on a
retired status, or the voluntary surrender of a license by a licensee
shall not deprive the board of jurisdiction to commence or proceed
with any investigation of, or action or disciplinary proceeding
against, the licensee or to render a decision suspending or revoking
the license.
SEC. 2 2. Section 4600 of the
Business and Professions Code is amended to read:
4600. As used in this chapter, the following terms shall have the
following meanings:
(a) "Approved school" or "approved massage school" means a school
approved by the council that meets minimum standards for training and
curriculum in massage and related subjects and that meets any of the
following requirements:
(1) Is approved by the Bureau for Private Postsecondary Education.
(2) Is approved by the Department of Consumer Affairs.
(3) Is an institution accredited by the Accrediting Commission for
Senior Colleges and Universities or the Accrediting Commission for
Community and Junior Colleges of the Western Association of Schools
and Colleges and that is one of the following:
(A) A public institution.
(B) An institution incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code,
and that is not managed by any entity for profit.
(C) A for-profit institution.
(D) An institution that does not meet all of the criteria in
subparagraph (B) that is incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code,
that has been in continuous operation since April 15, 1997, and that
is not managed by any entity for profit.
(4) Is a college or university of the state higher education
system, as defined in Section 100850 of the Education Code.
(5) Is a school of equal or greater training that is recognized by
the corresponding agency in another state or accredited by an agency
recognized by the United States Department of Education.
(b) "Compensation" means the payment, loan, advance, donation,
contribution, deposit, or gift of money or anything of value.
(c) "Massage therapist," "bodyworker," "bodywork therapist," or
"massage and bodywork therapist" means a person who is certified by
the California Massage Therapy Council under subdivision (c) of
Section 4601 and who administers massage for compensation.
(d) "Massage practitioner," "bodywork practitioner," or "massage
and bodywork practitioner" means a person who is certified by the
California Massage Therapy Council under subdivision (b) of Section
4601 and who administers massage for compensation.
(e) "Council" means the California Massage Therapy Council created
pursuant to this chapter, which shall be a nonprofit organization
exempt from taxation under Section 501(c)(3) of Title 26 of the
United States Code. The council may commence activities as authorized
by this section once it has submitted a request to the Internal
Revenue Service seeking this exemption. Whenever the term
"organization" is used in this chapter, it shall mean the council,
except where the context indicates otherwise.
(f) "Registered school" means a school approved by the council
that meets minimum standards for training and curriculum in massage
and related subjects and that either is approved by the Bureau for
Private Postsecondary Education or the Department of Consumer
Affairs, or is an institution accredited by the senior commission or
the junior commission of the Western Association of Schools and
Colleges as defined in paragraph (3) of subdivision (a), is a college
or university of the state higher education system as defined in
Section 100850 of the Education Code, or is a school of equal or
greater training that is approved by the corresponding agency in
another state.
(g) For purposes of this chapter, the terms "massage" and
"bodywork" shall have the same meaning.
(h) "Operator of a massage business" means a person, whether owner
or nonowner, who manages or operates a massage business.
SEC. 2 3. Section 4601 of the
Business and Professions Code is amended to read:
4601. (a) The council shall issue a certificate under this
chapter to an applicant who satisfies the requirements of this
chapter.
(b) (1) In order to obtain certification as a massage
practitioner, an applicant shall submit a written application and
provide the council with satisfactory evidence that he or she meets
all of the following requirements:
(A) The applicant is 18 years of age or older.
(B) The applicant has successfully completed, at a single approved
school, curricula in massage and related subjects totaling a minimum
of 250 hours , or the credit unit equivalent,
that incorporates appropriate school assessment of student knowledge
and skills. Included in the hours shall be instruction addressing
anatomy and physiology, contraindications, health and hygiene, and
business and ethics, with at least 100 hours of the required minimum
250 hours devoted to these curriculum areas.
(C) All fees required by the council have been paid.
(2) New certificates shall not be issued pursuant to this
subdivision after December 31, 2015. Certificates issued pursuant to
this section or subdivision (a) or (c) of Section 4604 on or before
December 31, 2015, shall, after December 31, 2015, be renewed without
any additional educational requirements, provided that the
certificate holder continues to be qualified pursuant to this
chapter.
(c) In order to obtain certification as a massage therapist, an
applicant shall submit a written application and provide the council
with satisfactory evidence that he or she meets all of the following
requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant satisfies at least one of the following
requirements:
(A) He or she has successfully completed the curricula in massage
and related subjects totaling a minimum of 500 hours , or the
credit unit equivalent . Of this 500 hours, a minimum of 250
hours shall be from approved schools. The remaining 250 hours
required may be secured either from approved or registered schools,
or from continuing education providers approved by, or registered
with, the council or the Department of Consumer Affairs. After
December 31, 2015, applicants may only satisfy the curricula in
massage and related subjects from approved schools.
(B) The applicant has successfully completed, at a single
approved school, a curricula in massage and related subjects totaling
a minimum of 250 hours that incorporates appropriate school
assessment of student knowledge and skills. Included in the hours
shall be instruction addressing anatomy and physiology,
contraindications, health and hygiene, and business and ethics, with
at least 100 hours of the required minimum 250 hours devoted to these
curriculum areas . The applicant has also passed a
massage and bodywork competency assessment examination that meets
generally recognized psychometric principles and standards, and that
is approved by the board. The successful completion of this
examination may have been accomplished before the date the council is
authorized by this chapter to begin issuing certificates.
(3) All fees required by the council have been paid.
(d) The council shall issue a certificate to an applicant who
meets the other qualifications of this chapter and holds a current
and valid registration, certification, or license from any other
state whose licensure requirements meet or exceed those defined
within this chapter. The council shall have discretion to give credit
for comparable academic work completed by an applicant in a program
outside of California.
(e) An applicant applying for a massage therapist certificate
shall file with the council a written application provided by the
council, showing to the satisfaction of the council that he or she
meets all of the requirements of this chapter.
(f) Any certification issued under this chapter shall be subject
to renewal every two years in a manner prescribed by the council, and
shall expire unless renewed in that manner. The council may provide
for the late renewal of a license.
(g) (1) The council shall have the responsibility to determine
that the school or schools from which an applicant has obtained the
education required by this chapter meet the requirements of this
chapter. If the council has any reason to question whether or not the
applicant received the education that is required by this chapter
from the school or schools that the applicant is claiming, the
council shall investigate the facts to determine that the applicant
received the required education prior to issuing a certificate.
(2) For purposes of paragraph (1) and any other provision of this
chapter for which the council is authorized to receive factual
information as a condition of taking any action, the council shall
have the authority to conduct oral interviews of the applicant and
others or to make any investigation deemed necessary to establish
that the information received is accurate and satisfies any criteria
established by this chapter.
(h) The certificate issued pursuant to this chapter, as well as
any identification card issued by the council, are the exclusive
property of the council and shall be surrendered to the council by
any certificate holder who is suspended or revoked.
SEC. 24. Section 4603.7 of the Business
and Professions Code is amended to read:
4603.7. A certificate holder shall include the name under which
he or she is certified and his or her certificate number in any and
all advertising and shall display his or her original
certificate at his or her place of business. A certificate
holder shall have his or her identification card in his or her
possession while providing massage services.
SEC. 25. Section 4612 of the Business
and Professions Code is amended to read:
4612. (a) (1) The holder of a certificate issued pursuant to this
chapter shall have the right to practice massage, consistent with
this chapter and the qualifications established by his or her
certification, in any city, county, or city and county in this state
and shall not be required to obtain any other license, permit, or
other authorization, except as provided in this section, to engage in
that practice.
(2) Notwithstanding any other provision of law, a city, county, or
city and county shall not enact an ordinance that requires a
license, permit, or other authorization to provide massage for
compensation by an individual who is certified pursuant to this
chapter and who is practicing consistent with the qualifications
established by his or her certification, or by a massage business or
massage establishment that employs or uses only persons who are
certified pursuant to this chapter to provide massage for
compensation. No provision of any ordinance enacted by a city,
county, or city and county that is in effect before the effective
date of this chapter, and that requires a license, permit, or other
authorization to provide massage for compensation, may be enforced
against an individual who is certified pursuant to this chapter or
against a massage business or massage establishment that employs or
uses only persons who are certified pursuant to this chapter to
provide massage for compensation.
(3) Except as provided in subdivision (b), nothing in this section
shall be interpreted to prevent a city, county, or city and county
from adopting or enforcing any local ordinance that provides for
reasonable health and safety requirements for massage establishments
or businesses. Subdivision (b) shall not apply to any massage
establishment or business that employs or uses persons to provide
massage services who are not certified pursuant to this chapter.
(b) (1) This subdivision shall apply only to massage
establishments or businesses that are sole proprietorships, where the
sole proprietor is certified pursuant to this chapter, and to
massage establishments or businesses that employ or use only persons
certified pursuant to this chapter to provide massage services. For
purposes of this subdivision, a sole proprietorship is a business
where the owner is the only person employed by that business to
provide massage services.
(2) (A) Any massage establishment or business described in
paragraph (1) shall maintain on its premises evidence for review by
local authorities that demonstrates that all persons providing
massage services are certified.
(B) Nothing in this section shall preclude a city, county, or city
and county from including in a local ordinance a provision that
requires a business described in paragraph (1) to file copies or
provide other evidence of the certificates held by the persons who
are providing massage services at the business.
(3) A city, county, or city and county may charge a massage
business or establishment a business licensing fee, provided that the
fee shall be no different higher than
the fee that is uniformly applied to all other individuals and
businesses providing professional services, as defined in subdivision
(a) of Section 13401 of the Corporations Code.
(4) Nothing in this section shall prohibit a city, county, or city
and county from enacting ordinances, regulations, rules,
requirements, restrictions, land use regulations, moratoria,
conditional use permits, or zoning requirements applicable to an
individual certified pursuant to this chapter or to a massage
establishment or business that uses only individuals who are
certified pursuant to this chapter to provide massage for
compensation, provided that, unless otherwise exempted by this
chapter, these ordinances, regulations, rules, requirements,
restrictions, land use regulations, moratoria, conditional use
permits, and zoning requirements shall be no different than the
requirements that are uniformly applied to all other individuals and
businesses providing professional services, as defined in subdivision
(a) of Section 13401 of the Corporations Code. No provision of any
ordinance, regulation, rule, requirement, restriction, land use
regulation, moratoria, conditional use permit, or zoning requirement
enacted by a city, county, or city and county that is in effect
before the effective date of this chapter, and that is inconsistent
with this paragraph, may be enforced against an individual who is
certified pursuant to this chapter or against a massage business or
massage establishment that uses only individuals who are certified
pursuant to this chapter to provide massage for compensation.
(5) Local building code or physical facility requirements
applicable to massage establishments or businesses shall not require
additional restroom, shower, or other facilities that are not
uniformly applicable to other professional or personal service
businesses, nor shall building or facility requirements be adopted
that (A) require unlocked doors when there is no staff available to
ensure security for clients and massage staff who are behind closed
doors, or (B) require windows that provide a view into massage rooms
that interfere with the privacy of clients of the massage business.
(6) A city, county, or city and county may adopt reasonable health
and safety requirements with respect to massage establishments or
businesses, including, but not limited to, requirements for
cleanliness of massage rooms, towels and linens, and reasonable
attire and personal hygiene requirements for persons providing
massage services, provided that nothing in this paragraph shall be
interpreted to authorize adoption of local ordinances that impose
additional qualifications, such as medical examinations, background
checks, or other criteria, upon any person certified pursuant to this
chapter.
(7) Nothing in this section shall preclude a city, county, or city
and county from doing any of the following:
(A) Requiring an applicant for a business license to operate a
massage business or establishment to fill out an application that
requests the applicant to provide relevant information , as long
as the in formation requested is the same as that
required of other individuals and professionals providing
professional services as defined in subdivision (a) of Section 13401
of the Corporations Code .
(B) Making reasonable investigations into the information so
provided.
(C) Denying or restricting a business license if the applicant has
provided materially false information.
(c) An owner or operator of a massage business or establishment
subject to subdivision (b) who is certified
pursuant to this chapter shall be responsible for the conduct
of all employees or independent contractors working on the premises
of the business. Failure to comply with this chapter may result in
revocation of the owner's or operator's certificate in accordance
with Section 4603. Nothing in this section shall preclude
a local ordinance from authorizing
suspension, revocation, or other restriction of a license or permit
issued to a massage establishment or business if violations of this
chapter, or of the local ordinance, occur on the business premises.
(d) Nothing in this section shall preclude a city, county, or city
and county from adopting a local ordinance that is applicable to
massage businesses or establishments described in paragraph (1) of
subdivision (b) and that does either of the following:
(1) Provides that duly authorized officials of the city, county,
or city and county have the right to conduct reasonable inspections,
during regular business hours, to ensure compliance with this
chapter, the local ordinance, or other applicable fire and health and
safety requirements.
(2) Requires an owner or operator to notify the city, county, or
city and county of any intention to rename, change management, or
convey the business to another person.
(e) Nothing in this chapter shall be construed to preclude a city,
county, or city and county from requiring a background check of an
owner or operator of a massage establishment who owns 5 percent or
more of a massage business or massage establishment and who is not
certified pursuant to this chapter. The background check may
consist of an application that requires the include,
but is not limited to, a criminal background check, including
requiring submission of fingerprints for a state and federal criminal
background check, submission of an application that requires the
applicant to state information, including, but not limited to,
the applicant's business, occupation, and employment history for the
five 10 years preceding the date of
application, the inclusive dates of same, and the name and address of
any massage business or other like establishment owned or operated
by any person who is subject to the background check requirement of
this subdivision. If a noncertified owner's or operator's
background check results in a finding that the city, county, or city
and county determines is relevant to owning or operating a massage
establishment, the provisions of subdivisions (a) and (b) shall not
apply to that establishment and the city, county, or city and county
may regulate that establishment in any manner it deems
proper that is in accordance with the law.
SEC. 14. SEC. 26. Section 4980.04 of
the Business and Professions Code is amended to read:
4980.04. This chapter shall be known and may be cited as the
Licensed Marriage and Family Therapist Act.
SEC. 15. SEC. 27. Section 4980.34 of
the Business and Professions Code is amended to read:
4980.34. It is the intent of the Legislature that the board
employ its resources for each and all of the following functions:
(a) The licensing of marriage and family therapists, clinical
social workers, professional clinical counselors, and educational
psychologists.
(b) The development and administration of licensing examinations
and examination procedures, as specified, consistent with prevailing
standards for the validation and use of licensing and certification
tests. Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 16. SEC. 28. Section 4980.398
of the Business and Professions Code is amended to read:
4980.398. (a) Each applicant who had previously taken and passed
the standard written examination but had not passed the clinical
vignette examination shall also obtain a passing score on the
clinical examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing
score on the standard written examination shall obtain a passing
score on the California law and ethics examination and the clinical
examination.
(c) An applicant who had obtained eligibility for the standard
written examination shall take the California law and ethics
examination and the clinical examination.
(d) This section shall become operative on January 1, 2013.
SEC. 17. SEC. 29. Section 4980.399
of the Business and Professions Code is amended to read:
4980.399. (a) Except as provided in subdivision (a) of
Section 4980.398, each applicant and registrant shall obtain a
passing score on a board-administered California law and ethics
examination in order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except as provided in
subdivision (d).
(d) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her first renewal period on or after the operative date
of this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by the section shall be taken through a board-approved continuing
education provider, a county, state or governmental entity, or a
college or university.
(e) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(f) This section shall become operative on January 1, 2013.
SEC. 30. Section 4980.43 of the
Business and Professions Code is amended to read:
4980.43. (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
(1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or doctoral
degree.
(4) Not more than 1,300 hours of supervised experience obtained
prior to completing a master's or doctoral degree.
The applicant shall not be credited with more than 750 hours of
counseling and direct supervisor contact prior to completing the
master's or doctoral degree.
(5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
(6) No hours of experience may be gained more than six years prior
to the date the application for examination eligibility was filed,
except that up to 500 hours of clinical experience gained in the
supervised practicum required by subdivision (c) of Section 4980.37
and subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 shall be exempt from this six-year requirement.
(7) Not more than a combined total of 1,000 hours of experience in
the following:
(A) Direct supervisor contact.
(B) Professional enrichment activities. For purposes of this
chapter, "professional enrichment activities" include the following:
(i) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor. An
applicant shall have no more than 250 hours of verified attendance at
these workshops, seminars, training sessions, or conferences.
(ii) Participation by the applicant in personal psychotherapy,
which includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional. An applicant
shall have no more than 100 hours of participation in personal
psychotherapy. The applicant shall be credited with three hours of
experience for each hour of personal psychotherapy.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) For all hours gained on or after January 1, 2012, not more
than 500 hours of experience in the following:
(A) Experience administering and evaluating psychological tests,
writing clinical reports, writing progress notes, or writing process
notes.
(B) Client centered advocacy.
(10) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children. For up to 150 hours of
treating couples and families in conjoint therapy, the applicant
shall be credited with two hours of experience for each hour of
therapy provided.
(11) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telehealth in accordance with Section 2290.5.
(12) It is anticipated and encouraged that hours of experience
will include working with elders and dependent adults who have
physical or mental limitations that restrict their ability to carry
out normal activities or protect their rights.
This subdivision shall only apply to hours gained on and after
January 1, 2010.
(b) All applicants, trainees, and registrants shall be at all
times under the supervision of a supervisor who shall be responsible
for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the
person being supervised, and who shall be responsible to the board
for compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience shall
be gained by interns and trainees either as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by interns or trainees as
an independent contractor.
(1) If employed, an intern shall provide the board with copies of
the corresponding W-2 tax forms for each year of experience claimed
upon application for licensure.
(2) If volunteering, an intern shall provide the board with a
letter from his or her employer verifying the intern's employment as
a volunteer upon application for licensure.
(c) Supervision Except for
experience gained pursuant to subparagraph (B) of paragraph (7) of
subdivision (a), supervision shall include at least one hour of
direct supervisor contact in each week for which experience is
credited in each work setting, as specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting.
(2) An individual supervised after being granted a qualifying
degree shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
client contact is gained in each setting. No more than five hours of
supervision, whether individual or group, shall be credited during
any single week.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour per week of face-to-face contact on an
individual basis or two hours per week of face-to-face contact in a
group.
(4) Direct supervisor contact shall occur within the same week as
the hours claimed.
(5) Direct supervisor contact provided in a group shall be
provided in a group of not more than eight supervisees and in
segments lasting no less than one continuous hour.
(6) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(7) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation.
(d) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(e) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctoral degree
and is thereafter granted the intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(i) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and shall
not lease or rent space, pay for furnishings, equipment or supplies,
or in any other way pay for the obligations of their employers.
(j) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars ($500) per month as
reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered an employee
and not an independent contractor. The board may audit applicants
who receive reimbursement for expenses, and the applicants shall have
the burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(k) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
SEC. 31. Section 4980.44 of the
Business and Professions Code is amended to read:
4980.44. An unlicensed marriage and family therapist intern
employed under this chapter shall comply with the following
requirements:
(a) Possess, at a minimum, a master's degree as specified in
Section 4980.36 or 4980.37, as applicable.
(b) Register with the board prior to performing any duties, except
as otherwise provided in subdivision (g) of Section 4980.43.
(c) Prior to performing any professional services, inform each
client or patient that he or she is an unlicensed marriage and family
therapist registered intern, provide his or her registration number
and the name of his or her employer, and indicate whether he or she
is under the supervision of a licensed marriage and family therapist,
licensed clinical social worker, licensed professional clinical
counselor, licensed psychologist, or a licensed physician and
surgeon certified in psychiatry by the American Board of Psychiatry
and Neurology.
(d) (1) Any advertisement by or on behalf of a marriage and family
therapist registered intern shall include, at a minimum, all of the
following information:
(A) That he or she is a marriage and family therapist registered
intern.
(B) The intern's registration number.
(C) The name of his or her employer.
(D) That he or she is supervised by a licensed person.
(2) The abbreviation "MFTI" shall not be used in an advertisement
unless the title "marriage and family therapist registered intern"
appears in the advertisement.
SEC. 32. Section 4980.48 of the
Business and Professions Code is amended to read:
4980.48. (a) A trainee shall, prior to performing any
professional services, inform each client or patient that he or she
is an unlicensed marriage and family therapist trainee, provide the
name of his or her employer, and indicate whether he or she is under
the supervision of a licensed marriage and family therapist, a
licensed clinical social worker, a licensed professional
clinical counselor, a licensed psychologist, or a licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology.
(b) Any person that advertises services performed by a trainee
shall include the trainee's name, the supervisor's license
designation or abbreviation, and the supervisor's license number.
(c) Any advertisement by or on behalf of a marriage and family
therapist trainee shall include, at a minimum, all of the following
information:
(1) That he or she is a marriage and family therapist trainee.
(2) The name of his or her employer.
(3) That he or she is supervised by a licensed person.
SEC. 18. SEC. 33. Section 4980.78 of
the Business and Professions Code is amended to read:
4980.78. (a) This section applies to persons who apply for
licensure or registration on or after January 1, 2014.
(b) For purposes of Sections 4980.72 and 4980.74, education is
substantially equivalent if all of the following requirements are
met:
(1) The degree is obtained from a school, college, or university
accredited by an accrediting agency recognized by the United States
Department of Education and consists of, at a minimum, 48 semester or
72 quarter units, including, but not limited to, both of the
following:
(A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling.
(B) Twelve semester or 18 quarter units in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment, as specified in subparagraph (A) of
paragraph (1) of subdivision (d) of Section 4980.36.
(2) The applicant completes any units and course content
requirements under subdivision (d) of Section 4980.36 not already
completed in his or her education.
(3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.
(B) An understanding of various California cultures and the social
and psychological implications of socioeconomic position.
(C) Structured meeting with various consumers and family members
of consumers of mental health services to enhance understanding of
their experience of mental illness, treatment, and recovery.
(D) Instruction in addiction and co-occurring substance abuse and
mental health disorders, as specified in subparagraph (I) of
paragraph (2) of subdivision (d) of Section 4980.36.
(4) The applicant completes an 18-hour course in California law
and professional ethics. The content of the course shall include, but
not be limited to, advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous patients,
psychotherapist-patient privilege, recordkeeping, patient access to
records, the Health Insurance Portability and Accountability
Act state and federal laws relating to
confidentiality of patient health information , dual
relationships, child abuse, elder and dependent adult abuse, online
therapy, insurance reimbursement, civil liability, disciplinary
actions and unprofessional conduct, ethics complaints and ethical
standards, termination of therapy, standards of care, relevant family
law, therapist disclosures to patients, differences in legal and
ethical standards in different types of work settings, and licensing
law and licensing process.
(5) The applicant's degree title need not be identical to that
required by subdivision (b) of Section 4980.36.
SEC. 19. SEC. 34. Section 4980.80 of
the Business and Professions Code is amended to read:
4980.80. (a) This section applies to persons who apply for
licensure between January 1, 2010, and December 31, 2013, inclusive.
(b) The board may issue a license to a person who, at the time of
application, holds a valid license issued by a board of marriage
counselor examiners, marriage therapist examiners, or corresponding
authority of any state, if all of the following requirements are
satisfied:
(1) The person has held that license for at least two years
immediately preceding the date of application.
(2) The education and supervised experience requirements are
substantially the equivalent of this chapter.
(3) The person complies with Section 4980.76, if applicable.
(4) The person successfully completes the board administered
licensing examinations as specified by subdivision (d) of Section
4980.40 and pays the fees specified.
(5) The person completes all of the following coursework or
training:
(A) (i) An applicant who completed a two semester or three quarter
unit course in law and professional ethics for marriage and family
therapists that does not meet the requirements of Section 4980.41 as
part of his or her qualifying degree shall complete an 18-hour course
in California law and professional ethics that includes, but is not
limited to, the following subjects: advertising, scope of practice,
scope of competence, treatment of minors, confidentiality, dangerous
patients, psychotherapist-patient privilege, recordkeeping, patient
access to records, requirements of the Health Insurance
Portability and Accountability Act of 1996, state and
federal laws relating to the confidentiality of patient health
information, dual relationships, child abuse, elder and
dependent adult abuse, online therapy, insurance reimbursement, civil
liability, disciplinary actions and unprofessional conduct, ethics
complaints and ethical standards, termination of therapy, standards
of care, relevant family law, and therapist disclosures to patients.
(ii) An applicant who has not completed a two semester or three
quarter unit course in law and professional ethics for marriage and
family therapists that included areas of study as specified in
Section 4980.41 as part of his or her qualifying degree, shall
complete a two semester or three quarter unit course in California
law and professional ethics that includes, at minimum, the areas of
study specified in Section 4980.41.
(B) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(C) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
(D) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(E) (i) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(ii) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(F) A minimum of a two semester or three quarter unit survey
course in psychological testing. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(G) A minimum of a two semester or three quarter unit survey
course in psychopharmacology. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(H) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board
may accept training or coursework acquired out of state.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 20. SEC. 35. Section 4984.4 of
the Business and Professions Code is amended to read:
4984.4. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued;
however, the former licensee may apply for and obtain a new license
if the following criteria are satisfied:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would constitute grounds for its revocation or
suspension.
(b) He or she submits an application for examination eligibility
and the fee for that application.
(c) He or she takes and passes the current licensing examinations.
(d) He or she submits the fee for initial license issuance.
(e) He or she complies with the fingerprint requirements
established by board regulation.
SEC. 21. SEC. 36. Section 4989.16 of
the Business and Professions Code is amended to read:
4989.16. (a) A person appropriately credentialed by the
Commission on Teacher Credentialing may perform the functions
authorized by that credential in a public school without a license
issued under this chapter by the board.
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw the Medical Practice Act (Chapter 5 (commencing
with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)), the Psychology Licensing Law (Chapter 6.6
(commencing with Section 2900)), the Licensed Marriage and Family
Therapist Practice Act (Chapter 13 (commencing with Section 4980)),
or the Clinical Social Worker Practice Act (Chapter 14 (commencing
with Section 4991)).
SEC. 22. SEC. 37. Section 4989.42 of
the Business and Professions Code is amended to read:
4989.42. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued
thereafter. A former licensee may apply for a new license if he or
she satisfies all of the following requirements:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would constitute grounds for its revocation or
suspension.
(b) Payment of the fees that would be required if he or she were
applying for a license for the first time.
(c) Passage of the current licensure examination.
(d) He or she complies with the fingerprint requirements
established by board regulation.
SEC. 23. SEC. 38. Section 4992.07 of
the Business and Professions Code is amended to read:
4992.07. (a) An applicant who had previously taken and passed the
standard written examination but had not passed the clinical
vignette examination shall also obtain a passing score on the
clinical examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing
score on the standard written examination shall obtain a passing
score on the California law and ethics examination and the clinical
examination.
(c) An applicant who had obtained eligibility for the standard
written examination shall take the California law and ethics
examination and the clinical examination.
(d) This section shall become operative on January 1, 2013.
SEC. 24. SEC. 39. Section 4992.09 of
the Business and Professions Code is amended to read:
4992.09. (a) Except as provided in subdivision (a) of
Section 4992.07, an applicant and registrant shall obtain a passing
score on a board-administered California law and ethics examination
in order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except for as provided
in subdivision (d).
(d) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her first renewal period on or after the operative date
of this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by the section shall be taken through a board-approved continuing
education provider, a county, state or governmental entity, or a
college or university.
(e) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(f) This section shall become operative on January 1, 2013.
SEC. 25. SEC. 40. Section 4996.6 of
the Business and Professions Code is amended to read:
4996.6. (a) Licenses issued under this chapter shall expire no
more than 24 months after the issue date. The expiration date of the
original license shall be set by the board.
(b) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, complete the following
actions:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4996.22.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
(c) To renew an expired license within three years of its
expiration, the licensee shall, as a condition precedent to renewal,
complete all of the actions described in subdivision (b) and pay a
delinquency fee.
(d) A license that is not renewed within three years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter; however, the former licensee may apply for and obtain a
new license if he or she satisfies all of the following requirements:
(1) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(2) He or she submits an application for examination eligibility.
(3) He or she takes and passes the current licensing examinations.
(4) He or she submits the fees for examination eligibility and for
initial license issuance.
(5) He or she complies with the fingerprint requirements
established by board regulation.
SEC. 26. SEC. 41. Section 4999.22 of
the Business and Professions Code is amended to read:
4999.22. (a) Nothing in this chapter shall prevent qualified
persons from doing work of a psychosocial nature consistent with the
standards and ethics of their respective professions. However, these
qualified persons shall not hold themselves out to the public by any
title or description of services incorporating the words "licensed
professional clinical counselor" and shall not state that they are
licensed to practice professional clinical counseling, unless they
are otherwise licensed to provide professional clinical counseling
services.
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw provisions of the Medical Practice Act, the
Clinical Social Worker Practice Act, the Nursing Practice Act, the
Psychology Licensing Law, or the Licensed Marriage and Family
Therapist Act.
(c) This chapter shall not apply to any priest, rabbi, or minister
of the gospel of any religious denomination who performs counseling
services as part of his or her pastoral or professional duties, or to
any person who is admitted to practice law in this state, or who is
licensed to practice medicine, who provides counseling services as
part of his or her professional practice.
(d) This chapter shall not apply to an employee of a governmental
entity or a school, college, or university, or of an institution both
nonprofit and charitable, if his or her practice is performed solely
under the supervision of the entity, school, college, university, or
institution by which he or she is employed, and if he or she
performs those functions as part of the position for which he or she
is employed.
(e) All persons registered as interns or licensed under this
chapter shall not be exempt from this chapter or the jurisdiction of
the board.
SEC. 27. SEC. 42. Section 4999.32 of
the Business and Professions Code is amended to read:
4999.32. (a) This section shall apply to applicants for
examination eligibility or registration who begin graduate study
before August 1, 2012, and complete that study on or before December
31, 2018. Those applicants may alternatively qualify under paragraph
(2) of subdivision (a) of Section 4999.33.
(b) To qualify for examination eligibility or registration,
applicants shall possess a master's or doctoral degree that is
counseling or psychotherapy in content and that meets the
requirements of this section, obtained from an accredited or approved
institution, as defined in Section 4999.12. For purposes of this
subdivision, a degree is "counseling or psychotherapy in content" if
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and, except as provided
in subdivision (d), the coursework in the core content areas listed
in subparagraphs (A) to (I), inclusive, of paragraph (1) of
subdivision (c).
(c) The degree described in subdivision (b) shall contain not less
than 48 graduate semester or 72 graduate quarter units of
instruction, which shall, except as provided in subdivision (d),
include all of the following:
(1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in each of following core
content areas:
(A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
(B) Human growth and development across the lifespan, including
normal and abnormal behavior and an understanding of developmental
crises, disability, psychopathology, and situational and
environmental factors that affect both normal and abnormal behavior.
(C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family, and other life roles and factors, including the
role of multicultural issues in career development.
(D) Group counseling theories and techniques, including principles
of group dynamics, group process components, developmental stage
theories, therapeutic factors of group work, group leadership styles
and approaches, pertinent research and literature, group counseling
methods, and evaluation of effectiveness.
(E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistical concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
(F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
(G) Principles of the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
(H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
(I) Professional orientation, ethics, and law in counseling,
including professional ethical standards and legal considerations,
licensing law and process, regulatory laws that delineate the
profession's scope of practice, counselor-client privilege,
confidentiality, the client dangerous to self or others, treatment of
minors with or without parental consent, relationship between
practitioner's sense of self and human values, functions and
relationships with other human service providers, strategies for
collaboration, and advocacy processes needed to address institutional
and social barriers that impede access, equity, and success for
clients.
(2) In addition to the course requirements described in paragraph
(1), a minimum of 12 semester units or 18 quarter units of advanced
coursework to develop knowledge of specific treatment issues, special
populations, application of counseling constructs, assessment and
treatment planning, clinical interventions, therapeutic
relationships, psychopathology, or other clinical topics.
(3) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical setting that provides a range of professional clinical
counseling experience, including the following:
(A) Applied psychotherapeutic techniques.
(B) Assessment.
(C) Diagnosis.
(D) Prognosis.
(E) Treatment.
(F) Issues of development, adjustment, and maladjustment.
(G) Health and wellness promotion.
(H) Other recognized counseling interventions.
(I) A minimum of 150 hours of face-to-face supervised clinical
experience counseling individuals, families, or groups.
(d) (1) An applicant whose degree is deficient in no more than two
of the required areas of study listed in subparagraphs (A) to (I),
inclusive, of paragraph (1) of subdivision (c) may satisfy those
deficiencies by successfully completing post-master's or postdoctoral
degree coursework at an accredited or approved institution, as
defined in Section 4999.12.
(2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (I), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
(3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.
(e) In addition to the degree described in this section, or as
part of that degree, an applicant shall complete the following
coursework or training prior to registration as an intern:
(1) A minimum of 15 contact hours of instruction in alcoholism and
other chemical substance abuse dependency, as specified by
regulation.
(2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(3) A two semester unit or three quarter unit survey course in
psychopharmacology.
(4) A minimum of 15 contact hours of instruction in spousal or
partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics.
(5) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations adopted thereunder.
(6) A minimum of 18 contact hours of instruction in California law
and professional ethics for professional clinical counselors that
includes, but is not limited to, instruction in advertising, scope of
practice, scope of competence, treatment of minors, confidentiality,
dangerous clients, psychotherapist-client privilege, recordkeeping,
client access to records, dual relationships, child abuse, elder and
dependent adult abuse, online therapy, insurance reimbursement, civil
liability, disciplinary actions and unprofessional conduct, ethics
complaints and ethical standards, termination of therapy, standards
of care, relevant family law, therapist disclosures to clients, and
state and federal laws related to confidentiality of patient health
information. When coursework in a master's or doctoral degree program
is acquired to satisfy this requirement, it shall be considered as
part of the 48 semester unit or 72 quarter unit requirement in
subdivision (c).
(7) A minimum of 10 contact hours of instruction in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging. On and after
January 1, 2012, this coursework shall include instruction on the
assessment and reporting of, as well as treatment related to, elder
and dependent adult abuse and neglect.
(8) A minimum of 15 contact hours of instruction in crisis or
trauma counseling, including multidisciplinary responses to crises,
emergencies, or disasters, and brief, intermediate, and long-term
approaches.
(f) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2019, deletes or extends that
date.
SEC. 28. SEC. 43. Section 4999.45 of
the Business and Professions Code, as amended by Section 32 of
Chapter 387 of the Statutes of 2011, is repealed.
SEC. 29. SEC. 44. Section 4999.45 of
the Business and Professions Code, as added by Section 33 of Chapter
387 of the Statutes of 2011, is amended to read:
4999.45. (a) An intern employed under this chapter shall:
(1) Not perform any duties, except for those services provided as
a clinical counselor trainee, until registered as an intern.
(2) Not be employed or volunteer in a private practice until
registered as an intern.
(3) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(4) Renew annually for a maximum of five years after initial
registration with the board.
(b) When no further renewals are possible, an applicant may apply
for and obtain a new intern registration if the applicant meets the
educational requirements for registration in effect at the time of
the application for a new intern registration and has passed the
California law and ethics examination described in Section 4999.53.
An applicant issued a subsequent intern registration pursuant to this
subdivision may be employed or volunteer in any allowable work
setting except private practice.
SEC. 45. Section 4999.46 of the
Business and Professions Code , as added by Section
35 of Chapter 387 of the Statutes of 2011, is amended to read:
4999.46. (a) To qualify for the licensure examination specified
by paragraph (2) of subdivision (a) of Section 4999.53, applicants
shall complete clinical mental health experience under the general
supervision of an approved supervisor as defined in Section 4999.12.
(b) The experience shall include a minimum of 3,000 postdegree
hours of supervised clinical mental health experience related to the
practice of professional clinical counseling, performed over a period
of not less than two years (104 weeks), which shall include:
(1) Not more than 40 hours in any seven consecutive days.
(2) Not less than 1,750 hours of direct counseling with
individuals or groups in a setting described in Section 4999.44 using
a variety of psychotherapeutic techniques and recognized counseling
interventions within the scope of practice of licensed professional
clinical counselors.
(3) Not more than 500 hours of experience providing group therapy
or group counseling.
(4) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
(5) Not less than 150 hours of clinical experience in a hospital
or community mental health setting , as defined in Section 1820
of Title 16 of the California Code of Regulations .
(6) Not more than a combined total of 1,250 hours of experience in
the following related activities:
(A) Direct supervisor contact.
(B) Client centered advocacy.
(C) Not more than 250 hours of experience administering tests and
evaluating psychological tests of clients, writing clinical reports,
writing progress notes, or writing process notes.
(D) Not more than 250 hours of verified attendance at workshops,
training sessions, or conferences directly related to professional
clinical counseling that are approved by the applicant's supervisor.
(c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.
(d) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is registered as an intern by the board.
(e) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional clinical counseling.
(f) Experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Experience obtained under
the supervision of a supervisor with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
(g) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting.
(1) No more than five hours of supervision, whether individual or
group, shall be credited during any single week.
(2) An intern shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons in segments lasting no less than one continuous
hour.
(4) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable, may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(h) This section shall become operative on January 1, 2013.
SEC. 30. SEC. 46. Section 4999.57 of
the Business and Professions Code is amended to read:
4999.57. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who does not hold a license described
in subdivision (a) of Section 4999.58.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board.
(c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and
if the applicant has completed the training or coursework
required under subdivision (e) of Section 4999.32, which includes, in
addition to the course described in subparagraph (I) of paragraph
(1) of subdivision (c) of Section 4999.32, an 18-hour course in
California law and professional ethics for professional clinical
counselors.
(d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(e) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
SEC. 31. SEC. 47. Section 4999.58 of
the Business and Professions Code is amended to read:
4999.58. (a) This section applies to a person who applies for
examination eligibility between January 1, 2011, and December 31,
2013, inclusive, and who meets both of the following requirements:
(1) At the time of
application, holds a valid license as a professional clinical
counselor, or other counseling license that allows the applicant to
independently provide clinical mental health services, in another
jurisdiction of the United States.
(2) Has held the license described in paragraph (1) for at least
two years immediately preceding the date of application.
(b) The board may issue a license to a person described in
subdivision (a) if all of the following requirements are satisfied:
(1) The education and supervised experience requirements of the
other jurisdiction are substantially the equivalent of this chapter,
as described in subdivision (e) and in Section 4999.46.
(2) The person complies with subdivision (b) of Section 4999.40,
if applicable.
(3) The person successfully completes the examinations required by
the board pursuant to paragraph (3) of subdivision (a) of Section
4999.50.
(4) The person pays the required fees.
(c) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter. The board shall consider hours of
experience obtained in another state during the six-year period
immediately preceding the applicant's initial licensure by that state
as a licensed professional clinical counselor.
(d) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and
if the applicant has completed the training or coursework
required under subdivision (e) of Section 4999.32 , which
includes, in addition to the course described in subparagraph (I) of
paragraph (1) of subdivision (c) of Section 4999.32, an 18-hour
course in California law and professional ethics for professional
clinical counselors.
(e) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(f) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
SEC. 32. SEC. 48. Section 4999.59 of
the Business and Professions Code is amended to read:
4999.59. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who meets both of the following
requirements:
(1) At the time of application, holds a valid license described in
paragraph (1) of subdivision (a) of Section 4999.58.
(2) Has held the license described in paragraph (1) for less than
two years immediately preceding the date of application.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board. The
board shall consider hours of experience obtained in another state
during the six-year period immediately preceding the applicant's
initial licensure in that state as a professional clinical counselor.
(c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and
if the applicant has completed the training or coursework
required under subdivision (e) of Section 4999.32, which includes, in
addition to the course described in subparagraph (I) of paragraph
(1) of subdivision (c) of Section 4999.32, an 18-hour course in
California law and professional ethics for professional clinical
counselors.
(d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(e) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
SEC. 49. Section 4999.62 of the
Business and Professions Code is amended to read:
4999.62. (a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2014.
(b) For purposes of Sections 4999.60 and 4999.61, education is
substantially equivalent if all of the following requirements are
met:
(1) The degree is obtained from an accredited or approved
institution, as defined in Section 4999.12, and consists of, at a
minimum, 48 semester or 72 quarter units, including, but not limited
to, both of the following:
(A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 280 hours of face-to-face
counseling.
(B) The required areas of study listed in subparagraphs (A) to
(M), inclusive, of paragraph (1) of subdivision (c) of Section
4999.33.
(2) The applicant completes any units and course content
requirements under Section 4999.33 not already completed in his or
her education.
(3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.
(B) An understanding of various California cultures and the social
and psychological implications of socioeconomic position.
(C) Structured meeting with various consumers and family members
of consumers of mental health services to enhance understanding of
their experience of mental illness, treatment, and recovery.
(D) Instruction in behavioral addiction and co-occurring substance
abuse and mental health disorders, as specified in subparagraph (K)
of paragraph (1) of subdivision (c) of Section 4999.33.
(4) The applicant completes, in addition to the course described
in subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33, an 18-hour course in California law and professional ethics
that includes, but is not limited to, instruction in advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous clients, psychotherapist-client privilege,
recordkeeping, client access to records, the Health
Insurance Portability and Accountability Act state and
federal laws relating to confidentiality of patient health
information , dual relationships, child abuse, elder and
dependent adult abuse, online therapy, insurance reimbursement, civil
liability, disciplinary actions and unprofessional conduct, ethics
complaints and ethical standards, termination of therapy, standards
of care, relevant family law, and therapist disclosures to clients.
SEC. 50. Section 4999.76 of the
Business and Professions Code is amended to read:
4999.76. (a) (1) Except as
provided in paragraph (2) and subdivision (c), the
board shall not renew any license pursuant to this chapter unless
the applicant certifies to the board, on a form prescribed by the
board, that he or she has completed not less than 36 hours of
approved continuing education in or relevant to the field of
professional clinical counseling in the preceding two years, as
determined by the board.
(2) Except as provided in subdivision (c), the board shall not
renew a license issued pursuant to paragraph (1) of subdivision (a)
of Section 4999.54 unless the applicant certifies to the board, on a
form prescribed by the board, that he or she has completed not less
than 18 hours of approved continuing education in or relevant to the
field of professional clinical counseling in the preceding year, as
determined by the board. This paragraph shall become inoperative on
January 1, 2018.
(b) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completed
continuing education coursework for a minimum of two years and shall
make these records available to the board for auditing purposes upon
request.
(c) The board may establish exceptions from the continuing
education requirement of this section for good cause, as defined by
the board.
(d) The continuing education shall be obtained from one of the
following sources:
(1) A school, college, or university that is accredited or
approved, as defined in Section 4999.12. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of a
regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional clinical counseling association, a
licensed health facility, a governmental entity, a continuing
education unit of a four-year institution of higher learning that is
accredited or approved, or a mental health professional association,
approved by the board.
(e) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (d), shall adhere to procedures established by
the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
(f) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of professional clinical counseling.
(2) Significant recent developments in the discipline of
professional clinical counseling.
(3) Aspects of other disciplines that enhance the understanding or
the practice of professional clinical counseling.
(g) A system of continuing education for licensed professional
clinical counselors shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(h) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For the purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (d)
shall be deemed to be an approved provider.
(i) The continuing education requirements of this section shall
fully comply with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 33. SEC. 51. Section 4999.90 of
the Business and Professions Code is amended to read:
4999.90. The board may refuse to issue any registration or
license, or may suspend or revoke the registration or license of any
intern or licensed professional clinical counselor, if the applicant,
licensee, or registrant has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022, or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any
other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing licensed professional clinical counseling
services.
(d) Gross negligence or incompetence in the performance of
licensed professional clinical counseling services.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee or registrant, allowing any other person to use his or her
license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a licensed
professional clinical counselor.
(l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any trainee, applicant, or
registrant under supervision to perform, any professional services
beyond the scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional clinical
counseling services actually provided by the licensee. Nothing in
this subdivision shall prevent collaboration among two or more
licensees in a case or cases. However, no fee shall be charged for
that collaboration, except when disclosure of the fee has been made
in compliance with subdivision (n).
(p) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of a registered intern,
associate clinical social worker, or clinical counselor trainee by
any licensee that violates this chapter or any rules or regulations
adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a clinical counselor trainee or intern under one's
supervision or control to perform, or permitting the clinical
counselor trainee or intern to hold himself or herself out as
competent to perform, professional services beyond the clinical
counselor trainee's or intern's level of education, training, or
experience.
(u) The violation of any statute or regulation of the standards of
the profession, and the nature of the services being rendered,
governing the gaining and supervision of experience required by this
chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(x) Failing to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(y) Repeated acts of negligence.
(z) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
(aa) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of an examination as
described in Section 123.
(ab) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a professional
clinical counselor, clinical social worker, educational psychologist,
professional clinical counselor, or marriage and family therapist.
(ac) Failing to comply with the procedures set forth in Section
2290.5 when delivering health care via telemedicine.
(ad) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
SEC. 34. SEC. 52. Section 4999.106
of the Business and Professions Code is amended to read:
4999.106. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued,
except that a former licensee may apply for and obtain a new license
if he or she complies with all of the following:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(b) He or she takes and passes the current examinations required
for licensing.
(c) He or she submits an application for initial licensure.
(d) He or she meets the requirements pursuant to Section 4999.51.
SEC. 35. SEC. 53. Section 4999.120
of the Business and Professions Code is amended to read:
4999.120. The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter. Fees assessed pursuant to this section shall
not exceed the following:
(a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
(b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
(c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
(d) The fee for the board-administered clinical examination, if
the board chooses to adopt this examination in regulations, shall be
up to two hundred fifty dollars ($250).
(e) The fee for the law and ethics examination shall be up to one
hundred fifty dollars ($150).
(f) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
(g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
(h) The fee for annual renewal of an intern registration shall be
up to one hundred fifty dollars ($150).
(i) The fee for two-year renewal of licenses shall be up to two
hundred fifty dollars ($250).
(j) The fee for issuance of a retired license shall be forty
dollars ($40).
(k) The fee for rescoring an examination shall be twenty dollars
($20).
(l) The fee for issuance of a replacement license or registration
shall be twenty dollars ($20).
(m) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
SEC. 36. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 54. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.