Bill Text: CA SB821 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Healing arts.

Status: (Passed) 2013-10-01 - Chaptered by Secretary of State. Chapter 473, Statutes of 2013. [SB821 Detail]

Download: California-2013-SB821-Amended.html
BILL NUMBER: SB 821	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2013

INTRODUCED BY   Committee on Business, Professions and Economic
Development (Senators Price (Chair), Block, Corbett, Emmerson,
Galgiani, Hernandez, Hill, Padilla, Wyland, and Yee)

                        MARCH 20, 2013

   An act to amend Sections 1613, 1915, 1926.2, 3024, 3025, 3040,
3041.2, 3051, 3057.5, 3077, 3093, 3098, 3103, 3106, 3107, 3109, 3163,
 4053, 4107,  4980.36, 4980.43, 4980.72, 4989.68, 4996.3,
4996.9, 4996.18, 4996.23,  4999.20,  4999.33, 4999.46,
4999.47, and 4999.60 of  , and to add Section 4021.5 to, 
the Business and Professions Code, and to amend Section 14132 of the
Welfare and Institutions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 821, as amended, Committee on Business, Professions and
Economic Development. Healing arts.
   (1) Existing law, the Dental Practice Act, establishes the Dental
Board of California, which was formerly known as the Board of Dental
Examiners of California. Existing law requires the board to have and
use a seal bearing its name. Existing law creates, within the
jurisdiction of the board, a Dental Hygiene Committee of California,
that is responsible for regulation of registered dental hygienists,
registered dental hygienists in alternative practice, and registered
dental hygienists in extended functions.
   This bill would amend those provisions to remove an obsolete
reference to the former board and to make other technical changes.
   (2) Existing law, the Optometry Practice Act, provides for the
licensure and regulation of optometrists by the State Board of
Optometry. That act refers to the authorization to practice optometry
issued by the board as a certificate of registration.
   This bill would instead refer to that authorization issued by the
board as an optometrist license and would make other technical and
conforming changes. 
   (3) Existing law, the Pharmacy Law, governs the business and
practice of pharmacy in this state and establishes the California
State Board of Pharmacy. Existing law prohibits the board from
issuing more than one site license to a single premises except to
issue a veterinary food-animal drug retailer license to a wholesaler
or to issue a license for compound sterile injectable drugs to a
pharmacy.  
   This bill would additionally authorize the board to issue more
than one site license to a single premises to issue a centralized
hospital packaging license. The bill would also establish a
definition for the term "correctional pharmacy."  
    Existing law authorizes the board to issue a license as a
designated representative to provide supervision in a wholesaler or
veterinary food-animal drug retailer. Existing law requires an
individual to meet specified requirements to obtain and maintain a
designated representative license, including a minimum of one year of
paid work experience related to the distribution or dispensing of
dangerous drugs or devices or meet certain prerequisites.  
   The bill would require the one year of paid work experience to
obtain a designated representative license to be in a licensed
pharmacy, or with a drug wholesaler, drug distributor, or drug
manufacturer. The bill would also make related, technical changes.
 
   (3) 
    (4)  Existing law provides for the licensure and
regulation of marriage and family therapists, licensed educational
psychologists, licensed clinical social workers, and licensed
professional clinical counselors by the Board of Behavioral Sciences.

   Existing law requires all persons applying for marriage and family
therapist licensure examinations to have specified hours of
experience, not including experience gained by interns or trainees as
independent contractors.
   This bill would specify that experience  shall not be gained
by interns or trainees  for work  performed as an
independent contractor or  reported on an IRS Form  1099
does not count towards the necessary experience.  
1099. 
   Existing law also authorizes the board to issue a license to a
person who, at the time of submitting an application for a license
pursuant to this chapter, holds a valid license in good standing
issued by a board of marriage counselor examiners, board of marriage
and family therapists, or corresponding authority, of any state or
country if certain conditions are met, considering hours of
experience obtained outside of California during the 6-year period
immediately preceding the date the applicant initially obtained the
license.
   This bill would instead require time actively licensed as a
marriage and family therapist to be accepted at a rate of 100 hours
per month up to a maximum of 1,200 hours if the applicant has fewer
than 3,000 hours of qualifying supervised experience.
   Existing law establishes a $75 delinquent renewal fee for a
licensed educational psychologist and for clinical social workers.
   This bill would instead specify that $75 is the maximum delinquent
renewal fee.
   Existing law requires an applicant for registration as an
associate clinical social worker to meet specified requirements.
Existing law also defines the application of social work principles
and methods.
   This bill would additionally require that all applicants and
registrants be at all times under the supervision of a supervisor
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 is responsible to the board
for compliance with all laws, rules, and regulations governing the
practice of clinical social work. The bill would also specify that
the practice of clinical social work includes the use, application,
and integration of the coursework and experience required.
   Existing law requires a licensed professional clinical counselor,
to qualify for a clinical examination for licensure, to complete
clinical mental health experience, as specified, including not more
than 250 hours of experience providing counseling or crisis
counseling on the telephone.
   This bill instead would require not more than 375 hours of
experience providing personal psychotherapy, crisis counseling, or
other counseling services via telehealth. 
   (4)
    (5)  The bill would also make other technical,
nonsubstantive changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1613 of the Business and Professions Code is
amended to read:
   1613.  The board shall have and use a seal bearing the name
"Dental Board of California."
  SEC. 2.  Section 1915 of the Business and Professions Code is
amended to read:
   1915.  No person other than a registered dental hygienist,
registered dental hygienist in alternative practice, or registered
dental hygienist in extended functions or a licensed dentist may
engage in the practice of dental hygiene or perform dental hygiene
procedures on patients, including, but not limited to, supragingival
and subgingival scaling, dental hygiene assessment, and treatment
planning, except for the following persons:
   (a) A student enrolled in a dental or a dental hygiene school who
is performing procedures as part of the regular curriculum of that
program under the supervision of the faculty of that program.
   (b) A dental assistant acting in accordance with the rules of the
dental board in performing the following procedures:
   (1) Applying nonaerosol and noncaustic topical agents.
   (2) Applying topical fluoride.
   (3) Taking impressions for bleaching trays.
   (c) A registered dental assistant acting in accordance with the
rules of the dental board in performing the following procedures:
   (1) Polishing the coronal surfaces of teeth.
   (2) Applying bleaching agents.
   (3) Activating bleaching agents with a nonlaser light-curing
device.
   (4) Applying pit and fissure  sealant  
sealants  .
   (d) A registered dental assistant in extended functions acting in
accordance with the rules of the dental board in applying pit and
fissure sealants.
   (e) A registered dental hygienist, registered dental hygienist in
alternative practice, or registered dental hygienist in extended
functions licensed in another jurisdiction, performing a clinical
demonstration for educational purposes.
  SEC. 3.  Section 1926.2 of the Business and Professions Code is
amended to read:
   1926.2.  (a) Notwithstanding any other provision of law, a
registered dental hygienist in alternative practice may operate one
mobile dental hygiene clinic registered as a dental hygiene office or
facility. The owner or operator of the mobile dental hygiene clinic
or unit shall be registered and operated in accordance with
regulations established by the committee, which regulations shall not
be designed to prevent or lessen competition in service areas, and
shall pay the fees described in Section 1944.
   (b) A mobile service unit, as defined in subdivision (b) of
Section 1765.105 of the Health and Safety Code, and a mobile unit
operated by an entity that is exempt from licensure pursuant to
subdivision (b), (c), or (h) of Section 1206 of the Health and Safety
Code, are exempt from this article. Notwithstanding this exemption,
the owner or operator of the mobile unit shall notify the committee
within 60 days of the date on which dental hygiene services are first
delivered in the mobile unit, or the date on which the mobile unit's
application pursuant to Section 1765.130 of the Health and Safety
Code is approved, whichever is earlier.
   (c) A licensee practicing in a mobile unit described in
subdivision (b) is not subject to subdivision (a) as to that mobile
unit.
  SEC. 4.  Section 3024 of the Business and Professions Code is
amended to read:
   3024.  The board may grant or refuse to grant an optometrist
license as provided in this chapter and may revoke or suspend the
license of any optometrist for any of the causes specified in this
chapter.
   It shall have the power to administer oaths and to take testimony
in the exercise of these functions.
  SEC. 5.  Section 3025 of the Business and Professions Code is
amended to read:
   3025.  The board may make and promulgate rules and regulations
governing procedure of the board, the admission of applicants for
examination for a license as an optometrist, and the practice of
optometry. All of those rules and regulations shall be in accordance
with and not inconsistent with the provisions of this chapter. The
rules and regulations shall be adopted, amended, or repealed in
accordance with the provisions of the Administrative Procedure Act.
  SEC. 6.  Section 3040 of the Business and Professions Code is
amended to read:
   3040.  It is unlawful for a person to engage in the practice of
optometry or to display a sign or in any other way to advertise or
hold himself or herself out as an optometrist without having first
obtained an optometrist license from the board under the provisions
of this chapter or under the provisions of any former act relating to
the practice of optometry. The practice of optometry includes the
performing or controlling of any acts set forth in Section 3041.
   In any prosecution for a violation of this section, the use of
test cards, test lenses, or of trial frames is prima facie evidence
of the practice of optometry.
  SEC. 7.  Section 3041.2 of the Business and Professions Code is
amended to read:
   3041.2.  (a) The State Board of Optometry shall, by regulation,
establish educational and examination requirements for licensure to
 insure   ensure  the competence of
optometrists to practice pursuant to subdivision (a) of Section 3041.
Satisfactory completion of the educational and examination
requirements shall be a condition for the issuance of an original
optometrist license under this chapter, on and after January 1, 1980.
Only those optometrists who have successfully completed educational
and examination requirements as determined by the State Board of
Optometry shall be permitted the use of pharmaceutical agents
specified by subdivision (a) of Section 3041.
   (b) Nothing in this section shall authorize an optometrist issued
an original optometrist license under this chapter before January 1,
1996, to use or prescribe therapeutic pharmaceutical agents specified
in subdivision (d) of Section 3041 without otherwise meeting the
requirements of Section 3041.3.
  SEC. 8.  Section 3051 of the Business and Professions Code is
amended to read:
   3051.  All applicants for examination for an optometrist license
in accordance with the educational and examination requirements
adopted pursuant to Section 3023.1 shall show the board by
satisfactory evidence that he or she has received education in child
abuse detection and the detection of alcoholism and other chemical
substance dependency. This section shall apply only to applicants who
matriculate in a school of optometry on or after September 1, 1997.
  SEC. 9.  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 an
optometrist license:
   (a) Is over  the age of  18 years  of age
 .
   (b) Is not subject to denial of a license under Section 480.
   (c) Has a degree as a doctor of optometry issued by a university
located outside of the United States.
  SEC. 10.  Section 3077 of the Business and Professions Code is
amended to read:
   3077.  As used in this section, "office" means any office or other
place for the practice of optometry.
   (a) No person, singly or in combination with others, may have an
office unless he or she is licensed to practice optometry under this
chapter.
   (b) An optometrist, or two or more optometrists jointly, may have
one office without obtaining a branch office license from the board.
   (c) On and after October 1, 1959, no optometrist, and no two or
more optometrists jointly, may have more than one office unless he or
she or they comply with the provisions of this chapter as to an
additional office. The additional office, for the purposes of this
chapter, constitutes a branch office.
   (d) Any optometrist who has, or any two or more optometrists,
jointly, who have, a branch office prior to January 1, 1957, and who
desire to continue the branch office on or after that date shall
notify the board in writing of that desire in a manner prescribed by
the board.
   (e) On and after January 1, 1957, any optometrist, or any two or
more optometrists, jointly, who desire to open a branch office shall
notify the board in writing in a manner prescribed by the board.
   (f) On and after January 1, 1957, no branch office may be opened
or operated without a branch office license. Branch office licenses
shall be valid for the calendar year in or for which they are issued
and shall be renewable on January  1st   1 
of each year thereafter. Branch office licenses shall be issued or
renewed only upon the payment of the fee therefor prescribed by this
chapter.
   On or after October 1, 1959, no more than one branch office
license shall be issued to any optometrist or to any two or more
optometrists, jointly.
   (g) Any failure to comply with the provisions of this chapter
relating to branch offices or branch office licenses as to any branch
office shall work the suspension of the optometrist license of each
optometrist who, individually or with others, has a branch office. An
optometrist license so suspended shall not be restored except upon
compliance with those provisions and the payment of the fee
prescribed by this chapter for restoration of a license after
suspension for failure to comply with the provisions of this chapter
relating to branch offices.
   (h) The holder or holders of a branch office license shall pay the
annual renewal fee therefor in the amount required by this chapter
between the first day of January and the first day of February of
each year. The failure to pay the fee in advance on or before
February  1st   1  of each year during the
time it is in force shall ipso facto work the suspension of the
branch office license. The license shall not be restored except upon
written application and the payment of the penalty prescribed by this
chapter, and, in addition, all delinquent branch office fees.
   (i) Nothing in this chapter shall limit or authorize the board to
limit the number of branch offices that are in operation on October
1, 1959, and that conform to this chapter, nor prevent an optometrist
from acquiring any branch office or offices of his or her parent.
The sale after October 1, 1959, of any branch office shall terminate
the privilege of operating the branch office, and no new branch
office license shall be issued in place of the license issued for the
branch office, unless the branch office is the only one operated by
the optometrist or by two or more optometrists jointly.
   Nothing in this chapter shall prevent an optometrist from owning,
maintaining, or operating more than one branch office if he or she is
in personal attendance at each of his or her offices 50 percent of
the time during which the office is open for the practice of
optometry.
   (j) The board shall have the power to adopt, amend, and repeal
rules and regulations to carry out the provisions of this section.
   (k) Notwithstanding any other provision of this section, neither
an optometrist nor an individual practice association shall be deemed
to have an additional office solely by reason of the optometrist's
participation in an individual practice association or the individual
practice association's creation or operation. As used in this
subdivision, the term "individual practice association" means an
entity that meets all of the following requirements:
   (1) Complies with the definition of an optometric corporation in
Section 3160.
   (2) Operates primarily for the purpose of securing contracts with
health care service plans or other third-party payers that make
available eye/vision services to enrollees or subscribers through a
panel of optometrists.
   (3) Contracts with optometrists to serve on the panel of
optometrists, but does not obtain an ownership interest in, or
otherwise exercise control over, the respective optometric practices
of those optometrists on the panel.
   Nothing in this subdivision shall be construed to exempt an
optometrist who is a member of an individual practice association and
who practices optometry in more than one physical location, from the
requirement of obtaining a branch office license for each of those
locations, as required by this section. However, an optometrist shall
not be required to obtain a branch office license solely as a result
of his or her participation in an individual practice association in
which the members of the individual practice association practice
optometry in a number of different locations, and each optometrist is
listed as a member of that individual practice association.
  SEC. 11.  Section 3093 of the Business and Professions Code is
amended to read:
   3093.  Before setting aside the revocation or suspension of any
optometrist license, the board may require the applicant to pass the
regular examination given for applicants for an optometrist license.
  SEC. 12.  Section 3098 of the Business and Professions Code is
amended to read:
   3098.  When the holder uses the title of "Doctor" or "Dr." as a
prefix to his or her name, without using the word "optometrist" as a
suffix to his or her name or in connection with it, or, without
holding a diploma from an accredited school of optometry, the letters
"Opt. D." or "O.D." as a suffix to his or her name, it constitutes a
cause to revoke or suspend his or her optometrist license.
  SEC. 13.  Section 3103 of the Business and Professions Code is
amended to read:
   3103.  It is unlawful to include in any advertisement relating to
the sale or disposition of goggles, sunglasses, colored glasses 
,  or occupational eye-protective devices, any words or figures
that advertise or have a tendency to advertise the practice of
optometry.
   This section does not prohibit the advertising of the practice of
optometry by a licensed optometrist in the manner permitted by law.
  SEC. 14.  Section 3106 of the Business and Professions Code is
amended to read:
   3106.  Knowingly making or signing any license, certificate, or
other document directly or indirectly related to the practice of
optometry that falsely represents the existence or nonexistence of a
state of facts constitutes unprofessional conduct.
  SEC. 15.  Section 3107 of the Business and Professions Code is
amended to read:
   3107.  It is unlawful to use or attempt to use any license or
certificate issued by the board that has been purchased, fraudulently
issued, counterfeited, or issued by mistake, as a valid license or
certificate.
  SEC. 16.  Section 3109 of the Business and Professions Code is
amended to read:
   3109.  Directly or indirectly accepting employment to practice
optometry from any person not having a valid, unrevoked license as an
optometrist or from any company or corporation constitutes
unprofessional conduct. Except as provided in this chapter, no
optometrist may, singly or jointly with others, be incorporated or
become incorporated when the purpose or a purpose of the corporation
is to practice optometry or to conduct the practice of optometry.
   The terms "accepting employment to practice optometry" as used in
this section shall not be construed so as to prevent a licensed
optometrist from practicing optometry upon an individual patient.
   Notwithstanding the provisions of this section or the provisions
of any other law, a licensed optometrist may be employed to practice
optometry by a physician and surgeon who holds a license under this
division and who practices in the specialty of ophthalmology or by a
health care service plan pursuant to the provisions of Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code.
  SEC. 17.  Section 3163 of the Business and Professions Code is
amended to read:
   3163.  Except as provided in Section 3078, the name of an
optometric corporation and any name or names under which it may be
rendering professional services shall contain and be restricted to
the name or the last name of one or more of the present, prospective,
or former shareholders and shall include the words optometric
corporation or wording or abbreviations denoting corporate existence,
provided that the articles of incorporation shall be amended to
delete the name of a former shareholder from the name of the
corporation within two years from the date the former shareholder
dies or otherwise ceases to be a shareholder.
   SEC. 18.    Section 4021.5 is added to the  
Business and Professions Code   , to read: 
    4021.5.  "Correctional pharmacy" means a pharmacy,
licensed by the board, located within a state correctional facility
for the purpose of providing pharmaceutical care to inmates of the
state correctional facility.
   SEC. 19.    Section 4053 of the   Business
and Professions Code   is amended to read: 
   4053.  (a) Notwithstanding Section 4051, the board may issue a
license as a designated representative to provide sufficient and
qualified supervision in a wholesaler or veterinary food-animal drug
retailer. The designated representative shall protect the public
health and safety in the handling, storage, and shipment of dangerous
drugs and dangerous devices in the wholesaler or veterinary
food-animal drug retailer.
   (b) An individual may apply for a designated representative
license. In order to obtain and maintain that license, the individual
shall meet all of the following requirements:
   (1) He or she shall be a high school graduate or possess a general
education development  certificate  equivalent.
   (2) He or she shall have a minimum of one year of paid work
experience  in a licensed pharmacy, or with a drug wholesaler,
drug distributor, or drug manufacturer  , in the past three
years, related to the distribution or dispensing of dangerous drugs
or dangerous devices or meet all of the prerequisites to take the
examination required for licensure as a pharmacist by the board.
   (3) He or she shall complete a training program approved by the
board that, at a minimum, addresses each of the following subjects:
   (A) Knowledge and understanding of California law and federal law
relating to the distribution of dangerous drugs and dangerous
devices.
   (B) Knowledge and understanding of California law and federal law
relating to the distribution of controlled substances.
   (C) Knowledge and understanding of quality control systems.
   (D) Knowledge and understanding of the United States Pharmacopoeia
standards relating to the safe storage and handling of drugs.
   (E) Knowledge and understanding of prescription terminology,
abbreviations, dosages and format.
   (4) The board may, by regulation, require training programs to
include additional material.
   (5) The board may not issue a license as a designated
representative until the applicant provides proof of completion of
the required training to the board.
   (c) The veterinary food-animal drug retailer or wholesaler shall
not operate without a pharmacist or a designated representative on
its premises.
   (d) Only a pharmacist or a designated representative shall prepare
and affix the label to veterinary food-animal drugs.
   (e) Section 4051 shall not apply to any laboratory licensed under
Section 351 of Title III of the Public Health Service Act (Public Law
78-410).
  SEC. 20.    Section 4107 of the   Business
and Professions Code   is amended to read: 
   4107.   (a)    The board may not issue more than
one site license to a single premises except  to 
 as follows: 
    (1)     To  issue a veterinary
food-animal drug retailer license to a wholesaler  or to
  pursuant to Section 4196. 
    (2)     To  issue a license to
compound sterile injectable drugs to a pharmacy  pursuant to
Section 4127.1  .  For  
   (3) To issue a centralized hospital packaging license pursuant to
Section 4128. 
    (b)     For  the purposes of this
subdivision, "premises" means a location with its own address and an
independent means of ingress and egress.
   SEC. 18.   SEC. 21.   Section 4980.36 of
the Business and Professions Code is amended to read:
   4980.36.  (a) This section shall apply to the following:
   (1) Applicants for licensure or registration who begin graduate
study before August 1, 2012, and do not complete that study on or
before December 31, 2018.
   (2) Applicants for licensure or registration who begin graduate
study before August 1, 2012, and who graduate from a degree program
that meets the requirements of this section.
   (3) Applicants for licensure or registration who begin graduate
study on or after August 1, 2012.
   (b) To qualify for a license or registration, applicants shall
possess a  doctor's   doctoral  or master's
degree meeting the requirements of this section in marriage, family,
and child counseling, marriage and family therapy, couple and family
therapy, psychology, clinical psychology, counseling psychology, or
counseling with an emphasis in either marriage, family, and child
counseling or marriage and family therapy, obtained from a school,
college, or university approved by the Bureau for Private
Postsecondary Education or accredited by either the Commission on
 the  Accreditation  of   for
 Marriage and Family Therapy Education or a regional accrediting
agency recognized by the United States Department of Education. The
board has the authority to make the final determination as to whether
a degree meets all requirements, including, but not limited to,
course requirements, regardless of accreditation or approval.
   (c) A  doctor's   doctoral  or master's
degree program that qualifies for licensure or registration shall do
the following:
   (1) Integrate all of the following throughout its curriculum:
   (A) Marriage and family therapy principles.
   (B) The principles of mental health recovery-oriented care and
methods of service delivery in recovery-oriented practice
environments, among others.
   (C) An understanding of various cultures and the social and
psychological implications of socioeconomic position, and an
understanding of how poverty and social stress impact an individual's
mental health and recovery.
   (2) Allow for innovation and individuality in the education of
marriage and family therapists.
   (3) Encourage students to develop the personal qualities that are
intimately related to effective practice, including, but not limited
to, integrity, sensitivity, flexibility, insight, compassion, and
personal presence.
   (4) Permit an emphasis or specialization that may address any one
or more of the unique and complex array of human problems, symptoms,
and needs of Californians served by marriage and family therapists.
   (5) Provide students with the opportunity to meet 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) The degree described in subdivision (b) shall contain no less
than 60 semester or 90 quarter units of instruction that includes,
but is not limited to, the following requirements:
   (1) Both of the following:
   (A) No less than 12 semester or 18 quarter units of coursework in
theories, principles, and methods of a variety of psychotherapeutic
orientations directly related to marriage and family therapy and
marital and family systems approaches to treatment and how these
theories can be applied therapeutically with individuals, couples,
families, adults, including elder adults, children, adolescents, and
groups to improve, restore, or maintain healthy relationships.
   (B) Practicum that involves direct client contact, as follows:
   (i) A minimum of six semester or nine quarter units of practicum
in a supervised clinical placement that provides supervised fieldwork
experience.
   (ii) A minimum of 150 hours of face-to-face experience counseling
individuals, couples, families, or groups.
   (iii) A student must be enrolled in a practicum course while
counseling clients, except as specified in subdivision (c) of Section
4980.42.
   (iv) The practicum shall provide training in all of the following
areas:
   (I) Applied use of theory and psychotherapeutic techniques.
   (II) Assessment, diagnosis, and prognosis.
   (III) Treatment of individuals and premarital, couple, family, and
child relationships, including trauma and abuse, dysfunctions,
healthy functioning, health promotion, illness prevention, and
working with families.
   (IV) Professional writing, including documentation of services,
treatment plans, and progress notes.
   (V) How to connect people with resources that deliver the quality
of services and support needed in the community.
   (v) Educational institutions are encouraged to design the
practicum required by this subparagraph to include marriage and
family therapy experience in low income and multicultural mental
health settings.
   (vi) In addition to the 150 hours required in clause (ii), 75
hours of either of the following:
   (I) Client centered advocacy, as defined in Section 4980.03.
   (II) Face-to-face experience counseling individuals, couples,
families, or groups.
   (2) Instruction in all of the following:
   (A) Diagnosis, assessment, prognosis, and treatment of mental
disorders, including severe mental disorders, evidence-based
practices, psychological testing, psychopharmacology, and promising
mental health practices that are evaluated in peer reviewed
literature.
   (B) Developmental issues from infancy to old age, including
instruction in all of the following areas:
   (i) The effects of developmental issues on individuals, couples,
and family relationships.
   (ii) The psychological, psychotherapeutic, and health implications
of developmental issues and their effects.
   (iii) Aging and its biological, social, cognitive, and
psychological aspects.
   (iv) A variety of cultural understandings of human development.
   (v) The understanding of human behavior within the social context
of socioeconomic status and other contextual issues affecting social
position.
   (vi) The understanding of human behavior within the social context
of a representative variety of the cultures found within California.

   (vii) The understanding of the impact that personal and social
insecurity, social stress, low educational levels, inadequate
housing, and malnutrition have on human development.
   (C) The broad range of matters and life events that may arise
within marriage and family relationships and within a variety of
California cultures, including instruction in all of the following:
   (i) 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.

             (ii) Spousal or partner abuse assessment, detection,
intervention strategies, and same gender abuse dynamics.
   (iii) Cultural factors relevant to abuse of partners and family
members.
   (iv) Childbirth, child rearing, parenting, and stepparenting.
   (v) Marriage, divorce, and blended families.
   (vi) Long-term care.
   (vii) End of life and grief.
   (viii) Poverty and deprivation.
   (ix) Financial and social stress.
   (x) Effects of trauma.
   (xi) The psychological, psychotherapeutic, community, and health
implications of the matters and life events described in clauses (i)
to (x), inclusive.
   (D) Cultural competency and sensitivity, including a familiarity
with the racial, cultural, linguistic, and ethnic backgrounds of
persons living in California.
   (E) Multicultural development and cross-cultural interaction,
including experiences of race, ethnicity, class, spirituality, sexual
orientation, gender, and disability, and their incorporation into
the psychotherapeutic process.
   (F) The effects of socioeconomic status on treatment and available
resources.
   (G) Resilience, including the personal and community qualities
that enable persons to cope with adversity, trauma, tragedy, threats,
or other stresses.
   (H) Human sexuality, including the study of physiological,
psychological, and social cultural variables associated with sexual
behavior and gender identity, and the assessment and treatment of
psychosexual dysfunction.
   (I) Substance use disorders, co-occurring disorders, and
addiction, including, but not limited to, instruction in all of the
following:
   (i) The definition of substance use disorders, co-occurring
disorders, and addiction. For purposes of this subparagraph,
"co-occurring disorders" means a mental illness and substance abuse
diagnosis occurring simultaneously in an individual.
   (ii) Medical aspects of substance use disorders and co-occurring
disorders.
   (iii) The effects of psychoactive drug use.
   (iv) Current theories of the etiology of substance abuse and
addiction.
   (v) The role of persons and systems that support or compound
substance abuse and addiction.
   (vi) Major approaches to identification, evaluation, and treatment
of substance use disorders, co-occurring disorders, and addiction,
including, but not limited to, best practices.
   (vii) Legal aspects of substance abuse.
   (viii) Populations at risk with regard to substance use disorders
and co-occurring disorders.
   (ix) Community resources offering screening, assessment,
treatment, and followup for the affected person and family.
   (x) Recognition of substance use disorders, co-occurring
disorders, and addiction, and appropriate referral.
   (xi) The prevention of substance use disorders and addiction.
   (J) California law and professional ethics for marriage and family
therapists, including instruction in all of the following areas of
study:
   (i) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the scope of practice of marriage
and family therapy.
   (ii) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including, but not limited to, family law.
   (iii) The current legal patterns and trends in the mental health
professions.
   (iv) The psychotherapist-patient privilege, confidentiality, the
patient dangerous to self or others, and the treatment of minors with
and without parental consent.
   (v) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
   (vi) Differences in legal and ethical standards for different
types of work settings.
   (vii) Licensing law and licensing process.
   (e) The degree described in subdivision (b) shall, in addition to
meeting the requirements of subdivision (d), include instruction in
case management, systems of care for the severely mentally ill,
public and private services and supports available for the severely
mentally ill, community resources for persons with mental illness and
for victims of abuse, disaster and trauma response, advocacy for the
severely mentally ill, and collaborative treatment. This instruction
may be provided either in credit level coursework or through
extension programs offered by the degree-granting institution.
   (f) The changes made to law by this section are intended to
improve the educational qualifications for licensure in order to
better prepare future licentiates for practice, and are not intended
to expand or restrict the scope of practice for marriage and family
therapists.
   SEC. 19.   SEC. 22.   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 only 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.  Work performed by an intern or trainee as an
independent contractor or reported on an IRS Form 1099 shall not
satisfy the requirements of this chapter regarding gaining hours of
supervised experience.   Experience shall not be gained
by interns or trainees for work performed as an independent
contractor or reported on an IRS Form 1099. 
   (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) 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. 20.   SEC. 23.   Section 4980.72 of
the Business and Professions Code is amended to read:
   4980.72.  (a) This section applies to persons who are licensed
outside of California and apply for licensure on or after January 1,
2014.
   (b) The board may issue a license to a person who, at the time of
submitting an application for a license pursuant to this chapter,
holds a valid license in good standing issued by a board of marriage
counselor examiners, board of marriage and family therapists, or
corresponding authority, of any state or country, if all of the
following conditions are satisfied:
   (1) The applicant's education is substantially equivalent, as
defined in Section 4980.78. The applicant's degree title need not be
identical to that required by Section 4980.36 or 4980.37.
   (2) The applicant complies with Section 4980.76, if applicable.
   (3) The applicant's supervised experience is substantially
equivalent to that required for a license under this chapter. If the
applicant has less than 3,000 hours of qualifying supervised
experience, time actively licensed as a marriage and family therapist
shall be accepted at a rate of 100 hours per month up to a maximum
of 1,200 hours.
   (4) The applicant passes the California law and ethics
examination.
   (5) The applicant passes a clinical examination designated by the
board. An applicant who obtained his or her license or registration
under another jurisdiction may apply for licensure with the board
without taking the clinical examination if both of the following
conditions are met:
   (A) The applicant obtained a passing score on the licensing
examination set forth in regulation as accepted by the board.
   (B) The applicant's license or registration in that jurisdiction
is in good standing at the time of his or her application and has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.
   SEC. 21.   SEC. 24.   Section 4989.68 of
the Business and Professions Code is amended to read:
   4989.68.  (a) The board shall assess the following fees relating
to the licensure of educational psychologists:
   (1) The application fee for examination eligibility shall be one
hundred dollars ($100).
   (2) The fee for issuance of the initial license shall be a maximum
amount of one hundred fifty dollars ($150).
   (3) The fee for license renewal shall be a maximum amount of one
hundred fifty dollars ($150).
   (4) The delinquency fee shall be a maximum amount of seventy-five
dollars ($75). A person who permits his or her license to become
delinquent may have it restored only upon payment of all the fees
that he or she would have paid if the license had not become
delinquent, plus the payment of any and all delinquency fees.
   (5) The written examination fee shall be one hundred dollars
($100). An applicant who fails to appear for an examination, once
having been scheduled, shall forfeit any examination fees he or she
paid.
   (6) The fee for rescoring a written examination shall be twenty
dollars ($20).
   (7) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
   (8) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   (9) The fee for issuance of a retired license shall be forty
dollars ($40).
   (b) With regard to all license, examination, and other fees, the
board shall establish fee amounts at or below the maximum amounts
specified in this chapter.
   SEC. 22.   SEC. 25.   Section 4996.3 of
the Business and Professions Code, as amended by Section 55 of
Chapter 799 of the Statutes of 2012, is amended to read:
   4996.3.  (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
   (1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
   (2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
   (3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
   (4) The fee for the clinical examination shall be one hundred
dollars ($100). The fee for the California law and ethics examination
shall be one hundred dollars ($100).
   (A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
   (B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
   (5) The fee for rescoring an examination shall be twenty dollars
($20).
   (6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
   (7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
   (8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
   (9) The renewal delinquency fee shall be a maximum of seventy-five
dollars ($75). A person who permits his or her license to expire is
subject to the delinquency fee.
   (10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
   (11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   (12) The fee for issuance of a retired license shall be forty
dollars ($40).
   (b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
   (c) This section shall become operative on January 1, 2014.
   SEC. 23.   SEC. 26.   Section 4996.9 of
the Business and Professions Code is amended to read:
   4996.9.  The practice of clinical social work is defined as a
service in which a special knowledge of social resources, human
capabilities, and the part that unconscious motivation plays in
determining behavior, is directed at helping people to achieve more
adequate, satisfying, and productive social adjustments. The
application of social work principles and methods includes, but is
not restricted to, counseling and using applied psychotherapy of a
nonmedical nature with individuals, families, or groups; providing
information and referral services; providing or arranging for the
provision of social services; explaining or interpreting the
psychosocial aspects in the situations of individuals, families, or
groups; helping communities to organize, to provide, or to improve
social or health services; doing research related to social work; and
the use, application, and integration of the coursework and
experience required by Sections 4996.2 and 4996.23.
   Psychotherapy, within the meaning of this chapter, is the use of
psychosocial methods within a professional relationship, to assist
the person or persons to achieve a better psychosocial adaptation, to
acquire greater human realization of psychosocial potential and
adaptation, and to modify internal and external conditions which
affect individuals, groups, or communities in respect to behavior,
emotions, and thinking, in respect to their intrapersonal and
interpersonal processes.
   SEC. 24.   SEC. 27.   Section 4996.18 of
the Business and Professions Code is amended to read:
   4996.18.  (a) A person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board.
   (b) An applicant for registration shall satisfy the following
requirements:
   (1) Possess a master's degree from an accredited school or
department of social work.
   (2) Have committed no crimes or acts constituting grounds for
denial of licensure under Section 480.
   (3) Commencing January 1, 2014, have completed training or
coursework, which may be embedded within more than one course, in
California law and professional ethics for clinical social workers,
including instruction in all of the following areas of study:
   (A) Contemporary professional ethics and statutes, regulations,
and court decisions that delineate the scope of practice of clinical
social work.
   (B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of clinical social work,
including, but not limited to, family law.
   (C) The current legal patterns and trends in the mental health
professions.
   (D) The psychotherapist-patient privilege, confidentiality,
dangerous patients, and the treatment of minors with and without
parental consent.
   (E) A recognition and exploration of the relationship between a
practitioner's sense of self and human values, and his or her
professional behavior and ethics.
   (F) Differences in legal and ethical standards for different types
of work settings.
   (G) Licensing law and process.
   (c) An applicant who possesses a master's degree from a school or
department of social work that is a candidate for accreditation by
the Commission on Accreditation of the Council on Social Work
Education shall be eligible, and shall be required, to register as an
associate clinical social worker in order to gain experience toward
licensure if the applicant has not committed any crimes or acts that
constitute grounds for denial of licensure under Section 480. That
applicant shall not, however, be eligible for examination until the
school or department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.

   (d) All applicants 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
clinical social work.
   (e) Any 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. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority
                         or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
   (f) An applicant who possesses a master's degree from an
accredited school or department of social work shall be able to apply
experience the applicant obtained during the time the accredited
school or department was in candidacy status by the Commission on
Accreditation of the Council on Social Work Education toward the
licensure requirements, if the experience meets the requirements of
Section 4996.23. This subdivision shall apply retroactively to
persons who possess a master's degree from an accredited school or
department of social work and who obtained experience during the time
the accredited school or department was in candidacy status by the
Commission on Accreditation of the Council on Social Work Education.
   (g) An applicant for registration or licensure trained in an
educational institution outside the United States shall demonstrate
to the satisfaction of the board that he or she possesses a master's
of social work degree that is equivalent to a master's degree issued
from a school or department of social work that is accredited by the
Commission on Accreditation of the Council on Social Work Education.
These applicants shall provide the board with a comprehensive
evaluation of the degree and shall provide any other documentation
the board deems necessary. The board has the authority to make the
final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements regardless of
evaluation or accreditation.
   (h) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
   (i) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.
   SEC. 25.   SEC. 28.   Section 4996.23 of
the Business and Professions Code is amended to read:
   4996.23.  The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
   (a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of post-master's degree
supervised experience providing clinical social work services as
permitted by Section 4996.9. At least 1,700 hours shall be gained
under the supervision of a licensed clinical social worker. The
remaining required supervised experience may be gained under the
supervision of a licensed mental health professional acceptable to
the board as defined by a regulation adopted by the board. This
experience shall consist of the following:
   (1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy or counseling.
   (2) A maximum of 1,200 hours in client centered advocacy,
consultation, evaluation, and research.
   (3) Of the 2,000 clinical hours required in paragraph (1), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.
   (4) A minimum of two years of supervised experience is required to
be obtained over a period of not less than 104 weeks and shall have
been gained within the six years immediately preceding the date on
which the application for licensure was filed.
   (5) Experience shall not be credited for more than 40 hours in any
week.
   (b) "Supervision" means responsibility for, and control of, the
quality of clinical social work services being provided. Consultation
or peer discussion shall not be considered to be supervision.
   (c) (1) Prior to the commencement of supervision, a supervisor
shall comply with all requirements enumerated in Section 1870 of
Title 16 of the California Code of Regulations and shall sign under
penalty of perjury the "Responsibility Statement for Supervisors of
an Associate Clinical Social Worker" form.
   (2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. For purposes of
this subdivision, "one hour of direct supervisor contact" means one
hour per week of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group conducted within the same
week as the hours claimed.
   (3) An associate 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. No more than five hours of supervision, whether
individual or group, shall be credited during any single week.
   (4) Group supervision shall be provided in a group of not more
than eight supervisees and shall be provided in segments lasting no
less than one continuous hour.
   (5) Of the 104 weeks of required supervision, 52 weeks shall be
individual supervision, and of the 52 weeks of required individual
supervision, not less than 13 weeks shall be supervised by a licensed
clinical social worker.
   (6) Notwithstanding paragraph (2), an associate clinical social
worker working for a governmental entity, school, college, or
university, or an institution that is both a nonprofit and charitable
institution, may obtain the required weekly direct supervisor
contact via live two-way videoconferencing. The supervisor shall be
responsible for ensuring that client confidentiality is preserved.
   (d) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the initial
original supervisory plan upon application for licensure.
   (e) Experience shall only be gained in a setting that meets both
of the following:
   (1) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
   (2) Provides oversight to ensure that the associate'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 4996.9.
   (f) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
   (g) Employment in a private practice as defined in subdivision (h)
shall not commence until the applicant has been registered as an
associate clinical social worker.
   (h) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed physician and surgeon,
or a professional corporation of any of those licensed professions.
   (i)  Work performed by an associate as an independent
contractor or reported on an IRS Form 1099 shall not satisfy the
requirements of this chapter regarding gaining hours of supervised
experience.   Experience shall not be gained by interns
or trainees for work performed as an independent contractor or
reported on an IRS Form 1099.00. 
   (j) If volunteering, the associate shall provide the board with a
letter from his or her employer verifying his or her voluntary status
upon application for licensure.
   (k) If employed, the associate shall provide the board with copies
of his or her W-2 tax forms for each year of experience claimed upon
application for licensure.
   (l) While an associate may be either a paid employee or volunteer,
employers are encouraged to provide fair remuneration to associates.

   (m) An associate shall not do the following:
   (1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
   (2) Have any proprietary interest in the employer's business.
   (3) Lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of his or her
employer.
   (n) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate's employer if
that person has signed a written agreement with the employer to take
supervisory responsibility for the associate's social work services.

   (o) Notwithstanding any other provision of law, associates and
applicants for examination shall receive a minimum of one hour of
supervision per week for each setting in which he or she is working.
   SEC. 29.    Section 4999.20 of the  Business
and Professions Code   is amended to read: 
   4999.20.  (a) (1) "Professional clinical counseling" means the
application of counseling interventions and psychotherapeutic
techniques to identify and remediate cognitive, mental, and emotional
issues, including personal growth, adjustment to disability, crisis
intervention, and psychosocial and environmental problems  , and
the use, application, and integration of the coursework and training
required by Sections 4999.32 and 4999.33  . "Professional
clinical counseling" includes conducting assessments for the purpose
of establishing counseling goals and objectives to empower
individuals to deal adequately with life situations, reduce stress,
experience growth, change behavior, and make well-informed, rational
decisions.
   (2) "Professional clinical counseling" is focused exclusively on
the application of counseling interventions and psychotherapeutic
techniques for the purposes of improving mental health, and is not
intended to capture other, nonclinical forms of counseling for the
purposes of licensure. For purposes of this paragraph, "nonclinical"
means nonmental health.
   (3) "Professional clinical counseling" does not include the
assessment or treatment of couples or families unless the
professional clinical counselor has completed all of the following
additional training and education, beyond the minimum training and
education required for licensure:
   (A) One of the following:
   (i) Six semester units or nine quarter units specifically focused
on the theory and application of marriage and family therapy.
   (ii) A named specialization or emphasis area on the qualifying
degree in marriage and family therapy; marital and family therapy;
marriage, family, and child counseling; or couple and family therapy.

   (B) No less than 500 hours of documented supervised experience
working directly with couples, families, or children.
   (C) A minimum of six hours of continuing education specific to
marriage and family therapy, completed in each license renewal cycle.

   (4) "Professional clinical counseling" does not include the
provision of clinical social work services.
   (b) "Counseling interventions and psychotherapeutic techniques"
means the application of cognitive, affective, verbal or nonverbal,
systemic or holistic counseling strategies that include principles of
development, wellness, and maladjustment that reflect a pluralistic
society. These interventions and techniques are specifically
implemented in the context of a professional clinical counseling
relationship and use a variety of counseling theories and approaches.

   (c) "Assessment" means selecting, administering, scoring, and
interpreting tests, instruments, and other tools and methods designed
to measure an individual's attitudes, abilities, aptitudes,
achievements, interests, personal characteristics, disabilities, and
mental, emotional, and behavioral concerns and development and the
use of methods and techniques for understanding human behavior in
relation to coping with, adapting to, or ameliorating changing life
situations, as part of the counseling process. "Assessment" shall not
include the use of projective techniques in the assessment of
personality, individually administered intelligence tests,
neuropsychological testing, or utilization of a battery of three or
more tests to determine the presence of psychosis, dementia, amnesia,
cognitive impairment, or criminal behavior.
   (d) Professional clinical counselors shall refer clients to other
licensed health care professionals when they identify issues beyond
their own scope of education, training, and experience.
   SEC. 26.   SEC. 30.   Section 4999.33 of
the Business and Professions Code is amended to read:
   4999.33.  (a) This section shall apply to the following:
   (1) Applicants for examination eligibility or registration who
begin graduate study before August 1, 2012, and do not complete that
study on or before December 31, 2018.
   (2) Applicants for examination eligibility or registration who
begin graduate study before August 1, 2012, and who graduate from a
degree program that meets the requirements of this section.
   (3) Applicants for examination eligibility or registration who
begin graduate study on or after August 1, 2012.
   (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 (f), the coursework in the core content areas listed
in subparagraphs (A) to (M), inclusive, of paragraph (1) of
subdivision (c).
   (c) The degree described in subdivision (b) shall contain not less
than 60 graduate semester or 90 graduate quarter units of
instruction, which shall, except as provided in subdivision (f),
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 all of the 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, group 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 California law and professional ethics for professional
clinical counselors, 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.
   (J) Psychopharmacology, including the biological bases of
behavior, basic classifications, indications, and contraindications
of commonly prescribed psychopharmacological medications so that
appropriate referrals can be made for medication evaluations and so
that the side effects of those medications can be identified.
   (K) Addictions counseling, including substance abuse, co-occurring
disorders, and addiction, major approaches to identification,
evaluation, treatment, and prevention of substance abuse and
addiction, legal and medical aspects of substance abuse, populations
at risk, the role of support persons, support systems, and community
resources.
   (L) Crisis or trauma counseling, including crisis theory;
multidisciplinary responses to crises, emergencies, or disasters;
cognitive, affective, behavioral, and neurological effects associated
with trauma; brief, intermediate, and long-term approaches; and
assessment strategies for clients in crisis and principles of
intervention for individuals with mental or emotional disorders
during times of crisis, emergency, or disaster.
   (M) Advanced counseling and psychotherapeutic theories and
techniques, including the application of counseling constructs,
assessment and treatment planning, clinical interventions,
therapeutic relationships, psychopathology, or other clinical topics.

   (2) In addition to the course requirements described in paragraph
(1), 15 semester units or 22.5 quarter units of advanced coursework
to develop knowledge of specific treatment issues or special
populations.
   (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) Professional writing including documentation of services,
treatment plans, and progress notes.
   (I) How to find and use resources.
   (J) Other recognized counseling interventions.
   (K) A minimum of 280 hours of face-to-face supervised clinical
experience counseling individuals, families, or groups.
   (d) The 60 graduate semester units or 90 graduate quarter units of
instruction required pursuant to subdivision (c) shall, in addition
to meeting the requirements of subdivision (c), include instruction
in all of the following:
   (1) The understanding of human behavior within the social context
of socioeconomic status and other contextual issues affecting social
position.
   (2) The understanding of human behavior within the social context
of a representative variety of the cultures found within California.
   (3) Cultural competency and sensitivity, including a familiarity
with the racial, cultural, linguistic, and ethnic backgrounds of
persons living in California.
   (4) An understanding of the effects of socioeconomic status on
treatment and available resources.
   (5) Multicultural development and cross-cultural interaction,
including experiences of race, ethnicity, class, spirituality, sexual
orientation, gender, and disability and their incorporation into the
psychotherapeutic process.
   (6) Case management, systems of care for the severely mentally
ill, public and private services for the severely mentally ill,
community resources for victims of abuse, disaster and trauma
response, advocacy for the severely mentally ill, and collaborative
treatment. The instruction required in this paragraph may be provided
either in credit level coursework or through extension programs
offered by the degree-granting institution.
   (7) Human sexuality, including the study of the physiological,
psychological, and social cultural variables associated with sexual
behavior, gender identity, and the assessment and treatment of
psychosexual dysfunction.
   (8) Spousal or partner abuse assessment, detection, intervention
strategies, and same gender abuse dynamics.
   (9) 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.
   (10) Aging and long-term care, including biological, social,
cognitive, and psychological aspects of aging. This coursework shall
include instruction on the assessment and reporting of, as well as
treatment related to, elder and dependent adult abuse and neglect.
   (e) A degree program that qualifies for licensure under this
section shall do all of the following:
   (1) Integrate the principles of mental health recovery-oriented
care and methods of service delivery in recovery-oriented practice
environments.
   (2) Integrate an understanding of various cultures and the social
and psychological implications of socioeconomic position.
   (3) Provide the opportunity for students to meet with various
consumers and family members of consumers of mental health services
to enhance understanding of their experience of mental illness,
treatment, and recovery.
   (f) (1) An applicant whose degree is deficient in no more than
three of the required areas of study listed in subparagraphs (A) to
(M), 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 (M), 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.
   SEC. 27.   SEC. 31.   Section 4999.46 of
the Business and Professions Code, as amended by Section 65 of
Chapter 799 of the Statutes of 2012, 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 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telehealth in accordance with Section 2290.5.
   (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,
seminars, 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) Except for experience gained pursuant to subparagraph (D) of
paragraph (6) of subdivision (b), 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, 2014.
   SEC. 28.   SEC. 32.   Section 4999.47 of
the Business and Professions Code is amended to read:
   4999.47.  (a) Clinical counselor trainees, interns, and applicants
shall perform services only as an employee or as a volunteer.
   The requirements of this chapter regarding gaining hours of
clinical mental health experience and supervision are applicable
equally to employees and volunteers.  Work performed as an
independent contractor or reported on an IRS Form 1099 shall not
satisfy the requirements of this chapter regarding gaining hours of
supervised experience.   Experience shall not be gained
by interns or trainees for work performed as an independent
contractor or reported on an IRS Form 1099. 
   (1) If employed, a clinical counselor intern shall provide the
board with copies of the corresponding W-2 tax forms for each year of
experience claimed upon application for licensure as a professional
clinical counselor.
   (2) If volunteering, a clinical counselor 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 as a
professional clinical counselor.
   (b) Clinical counselor trainees, interns, and applicants shall not
receive any remuneration from patients or clients, and shall only be
paid by their employers.
   (c) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration.
   (d) Clinical counselor trainees, interns, and applicants who
provide voluntary 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
clinical counselor trainees, interns, and applicants for services
rendered in any lawful work setting other than a private practice
shall be considered an employee and not an independent contractor.
   (e) The board may audit an intern or applicant who receives
reimbursement for expenses and the intern or applicant shall have the
burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
   (f) Clinical counselor trainees, interns, and applicants shall
only perform services at the place where their employer regularly
conducts business and services, which may include other locations, as
long as the services are performed under the direction and control
of the employer and supervisor in compliance with the laws and
regulations pertaining to supervision. Clinical counselor trainees,
interns, and applicants shall have no proprietary interest in the
employer's business.
   (g) 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 clinical counselor 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. 29.   SEC. 33.   Section 4999.60 of
the Business and Professions Code is amended to read:
   4999.60.  (a) This section applies to persons who are licensed
outside of California and apply for examination eligibility on or
after January 1, 2014.
   (b) The board may issue a license to a person who, at the time of
submitting an application for a license pursuant to this chapter,
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 if all of the following conditions are satisfied:
   (1) The applicant's education is substantially equivalent, as
defined in Section 4999.62.
   (2) The applicant complies with subdivision (b) of Section
4999.40, if applicable.
   (3) The applicant's supervised experience is substantially
equivalent to that required for a license under this chapter. If the
applicant has less than 3,000 hours of qualifying supervised
experience, time actively licensed as a professional clinical
counselor shall be accepted at a rate of 100 hours per month up to a
maximum of 1,200 hours.
   (4) The applicant passes the examinations required to obtain a
license under this chapter. An applicant who obtained his or her
license or registration under another jurisdiction may apply for
licensure with the board without taking the clinical examination if
both of the following conditions are met:
   (A) The applicant obtained a passing score on the licensing
examination set forth in regulation as accepted by the board.
   (B) The applicant's license or registration in that jurisdiction
is in good standing at the time of his or her application and has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.
   SEC. 30.   SEC. 34.   Section 14132 of
the Welfare and Institutions Code is amended to read:
   14132.  The following is the schedule of benefits under this
chapter:
   (a) Outpatient services are covered as follows:
   Physician, hospital or clinic outpatient, surgical center,
respiratory care, optometric, chiropractic, psychology, podiatric,
occupational therapy, physical therapy, speech therapy, audiology,
acupuncture to the extent federal matching funds are provided for
acupuncture, and services of persons rendering treatment by prayer or
healing by spiritual means in the practice of any church or
religious denomination insofar as these can be encompassed by federal
participation under an approved plan, subject to utilization
controls.
   (b) (1) Inpatient hospital services, including, but not limited
to, physician and podiatric services, physical therapy and
occupational therapy, are covered subject to utilization controls.
   (2) For Medi-Cal fee-for-service beneficiaries, emergency services
and care that are necessary for the treatment of an emergency
medical condition and medical care directly related to the emergency
medical condition. This paragraph shall not be construed to change
the obligation of Medi-Cal managed care plans to provide emergency
services and care. For the purposes of this paragraph, "emergency
services and care" and "emergency medical condition" shall have the
same meanings as those terms are defined in Section 1317.1 of the
Health and Safety Code.
   (c) Nursing facility services, subacute care services, and
services provided by any category of intermediate care facility for
the developmentally disabled, including podiatry, physician, nurse
practitioner services, and prescribed drugs, as described in
subdivision (d), are covered subject to utilization controls.
Respiratory care, physical therapy, occupational therapy, speech
therapy, and audiology services for patients in nursing facilities
and any category of intermediate care facility for the
developmentally disabled are covered subject to utilization controls.

   (d) (1) Purchase of prescribed drugs is covered subject to the
Medi-Cal List of Contract Drugs and utilization controls.
   (2) Purchase of drugs used to treat erectile dysfunction or any
off-label uses of those drugs are covered only to the extent that
federal financial participation is available.
   (3) (A) To the extent required by federal law, the purchase of
outpatient prescribed drugs, for which the prescription is executed
by a prescriber in written, nonelectronic form on or after April 1,
2008, is covered only when executed on a tamper resistant
prescription form. The implementation of this paragraph shall conform
to the guidance issued by the federal Centers  of 
 for  Medicare and Medicaid Services but shall not conflict
with state statutes on the characteristics of tamper resistant
prescriptions for controlled substances, including Section 11162.1 of
the Health and Safety Code. The department shall provide providers
and beneficiaries with as much flexibility in implementing these
rules as allowed by the federal government. The department shall
notify and consult with appropriate stakeholders in implementing,
interpreting, or making specific this paragraph.
   (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instructions without taking regulatory action.
   (4) (A) (i) For the purposes of this paragraph, nonlegend has the
same meaning as defined in subdivision (a) of Section 14105.45.
   (ii) Nonlegend acetaminophen-containing products, with the
exception of children's acetaminophen-containing products, selected
by the department are not covered benefits.
   (iii) Nonlegend cough and cold products selected by the department
are not covered benefits. This clause shall be implemented on the
first day of the first calendar month following 90 days after the
effective date of the act that added this clause, or on the first day
of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
   (iv) Beneficiaries under the Early and Periodic Screening,
Diagnosis, and Treatment Program shall be exempt from clauses (ii)
and (iii).
   (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may take the actions specified in subparagraph (A) by
means of a provider bulletin or notice, policy letter, or other
similar instruction without taking regulatory action.
   (e) Outpatient dialysis services and home hemodialysis services,
including physician services, medical supplies, drugs and equipment
required for dialysis, are covered, subject to utilization controls.
   (f) Anesthesiologist services when provided as part of an
outpatient medical procedure, nurse anesthetist services when
rendered in an inpatient or outpatient setting under conditions set
forth by the director, outpatient laboratory services, and X-ray
services are covered, subject to utilization controls. Nothing in
this subdivision shall be construed to require prior authorization
for anesthesiologist services provided as part of an outpatient
medical procedure or for portable X-ray services in a nursing
facility or any category of intermediate care facility for the
developmentally disabled.
   (g) Blood and blood derivatives are covered.
   (h) (1) Emergency and essential diagnostic and restorative dental
services, except for orthodontic, fixed bridgework, and partial
dentures that are not necessary for balance of a complete artificial
denture, are covered, subject to utilization controls. The
utilization controls shall allow emergency and essential diagnostic
and restorative dental services and prostheses that are necessary to
prevent a significant disability or to replace previously furnished
prostheses which are lost or destroyed due to circumstances beyond
the beneficiary's control. Notwithstanding the foregoing, the
director may by regulation provide for certain fixed artificial
dentures necessary for obtaining employment or for medical conditions
that preclude the use of removable dental prostheses, and for
orthodontic services in cleft palate deformities administered by the
department's California Children Services Program.
   (2) For persons 21 years of age or older, the services specified
in paragraph (1) shall be provided subject to the following
conditions:
   (A) Periodontal treatment is not a benefit.
   (B) Endodontic therapy is not a benefit except for vital
pulpotomy.
   (C) Laboratory processed crowns are not a benefit.
   (D) Removable prosthetics shall be a benefit only for patients as
a requirement for employment.
   (E) The director may, by regulation, provide for the provision of
fixed artificial dentures that are necessary for medical conditions
that preclude the use of removable dental prostheses.
   (F) Notwithstanding the conditions specified in subparagraphs (A)
to (E), inclusive, the department may approve services for persons
with special medical disorders subject to utilization review.
   (3) Paragraph (2) shall become inoperative July 1, 1995.
   (i) Medical transportation is covered, subject to utilization
controls.
   (j) Home health care services are covered, subject to utilization
controls.
   (k) Prosthetic and orthotic devices and eyeglasses are covered,
subject to utilization controls. Utilization controls shall allow
replacement of prosthetic and orthotic devices and eyeglasses
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control. Frame styles for eyeglasses replaced
pursuant to this subdivision shall not change more than once every
two years, unless the department so directs.
   Orthopedic and conventional shoes are covered when provided by a
prosthetic and orthotic supplier on the prescription of a physician
and when at least one of the shoes will be attached to a prosthesis
or brace, subject to utilization controls. Modification of stock
conventional or orthopedic shoes when medically indicated, is covered
subject to utilization controls. When there is a clearly established
medical need that cannot be satisfied by the modification of stock
conventional or orthopedic shoes, custom-made orthopedic shoes are
covered, subject to utilization controls.
   Therapeutic shoes and inserts are covered when provided to
beneficiaries with a diagnosis of diabetes, subject to utilization
controls, to the extent that federal financial participation is
available.
   (l) Hearing aids are covered, subject to utilization controls.
Utilization controls shall allow replacement of hearing aids
necessary because of loss or destruction due to circumstances beyond
the beneficiary's control.
   (m) Durable medical equipment and medical supplies are covered,
subject to utilization controls. The utilization controls shall allow
the replacement of durable medical equipment and medical supplies
when necessary because of loss or destruction due to circumstances
beyond the beneficiary's control. The utilization controls shall
allow authorization of durable medical equipment needed to assist a
disabled beneficiary in caring for a child for whom the disabled
beneficiary is a parent, stepparent, foster parent, or legal
guardian, subject to the availability of federal financial
participation. The department shall adopt emergency regulations to
define and establish criteria for assistive durable medical equipment
in accordance with the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
   (n) Family planning services are covered, subject to utilization
controls.
   (o) Inpatient intensive rehabilitation hospital services,
including respiratory rehabilitation services, in a general acute
care hospital are covered, subject to utilization controls, when
either of the following criteria are met:
   (1) A patient with a permanent disability or severe impairment
requires an inpatient intensive rehabilitation hospital program as
described in Section 14064 to develop function beyond the limited
amount that would occur in the normal course of recovery.
   (2) A patient with a chronic or progressive disease requires an
inpatient intensive rehabilitation hospital program as described in
Section 14064 to maintain the patient's present functional level as
long as possible.
   (p) (1) Adult day health care is covered in accordance with
Chapter 8.7 (commencing with Section 14520).
   (2) Commencing 30 days after the effective date of the act that
added this paragraph, and notwithstanding the number of days
previously approved through a treatment authorization request, adult
day health care is covered for a maximum of three days per week.
   (3) As provided in accordance with paragraph (4), adult day health
care is covered for a maximum of five days per week.
   (4) As of the date that the director makes the declaration
described in subdivision (g) of Section 14525.1, paragraph (2) shall
become inoperative and paragraph (3) shall become operative.
   (q) (1) Application of fluoride, or other appropriate fluoride
treatment as defined by the department, and other prophylaxis
treatment for children 17 years of age and under are covered.
   (2) All dental hygiene services provided by a registered dental
hygienist, registered dental hygienist in extended  function
  functions  , and registered dental hygienist in
alternative practice licensed pursuant to Sections 1753, 1917, 1918,
and 1922 of the Business and Professions Code may be covered as long
as they are within the scope of Denti-Cal benefits and they are
necessary services provided by a registered dental hygienist,
registered dental hygienist in extended functions, or registered
dental hygienist in alternative practice.
   (r) (1) Paramedic services performed by a city, county, or special
district, or pursuant to a contract with a city, county, or special
district, and pursuant to a program established under Article 3
(commencing with Section 1480) of Chapter 2.5 of Division 2 of the
Health and Safety Code by a paramedic certified pursuant to that
article, and consisting of defibrillation and those services
specified in subdivision (3) of Section 1482 of the article.
   (2) All providers enrolled under this subdivision shall satisfy
all applicable statutory and regulatory requirements for becoming a
Medi-Cal provider.
   (3) This subdivision shall be implemented only to the extent
funding is available under Section 14106.6.
   (s) In-home medical care services are covered when medically
appropriate and subject to utilization controls, for beneficiaries
who would otherwise require care for an extended period of time in an
acute care hospital at a cost higher than in-home medical care
services. The director shall have the authority under this section to
contract with organizations qualified to provide in-home medical
care services to those persons. These services may be provided to
patients placed in shared or congregate living arrangements, if a
home setting is not medically appropriate or available to the
beneficiary. As used in this section, "in-home medical care service"
includes utility bills directly attributable to continuous, 24-hour
operation of life-sustaining medical equipment, to the extent that
federal financial participation is available.
   As used in this subdivision, in-home medical care services
 ,  include, but are not limited to:
   (1) Level of care and cost of care evaluations.
   (2) Expenses, directly attributable to home care activities, for
materials.
   (3) Physician fees for home visits.
   (4) Expenses directly attributable to home care activities for
shelter and modification to shelter.
   (5) Expenses directly attributable to additional costs of special
diets, including tube feeding.
   (6) Medically related personal services.
   (7) Home nursing education.
   (8) Emergency maintenance repair.
   (9) Home health agency personnel benefits which permit coverage of
care during periods when regular personnel are on vacation or using
sick leave.
   (10) All services needed to maintain antiseptic conditions at
stoma or shunt sites on the body.
   (11) Emergency and nonemergency medical transportation.
   (12) Medical supplies.
   (13) Medical equipment, including, but not limited to, scales,
gurneys, and equipment racks suitable for paralyzed patients.
   (14) Utility use directly attributable to the requirements of home
care activities which are in addition to normal utility use.
   (15) Special drugs and medications.
   (16) Home health agency supervision of visiting staff which is
medically necessary, but not included in the home health agency rate.

   (17) Therapy services.
   (18) Household appliances and household utensil costs directly
attributable to home care activities.
   (19) Modification of medical equipment for home use.
   (20) Training and orientation for use of life-support systems,
including, but not limited to, support of respiratory functions.
   (21) Respiratory care practitioner services as defined in Sections
3702 and 3703 of the Business and Professions Code, subject to
prescription by a physician and surgeon.
   Beneficiaries receiving in-home medical care services are entitled
to the full range of services within the Medi-Cal scope of benefits
as defined by this section, subject to medical necessity and
applicable utilization control. Services provided pursuant to this
subdivision, which are not otherwise included in the Medi-Cal
schedule of benefits, shall be available only to the extent that
federal financial participation for these services is available in
accordance with a home- and community-based services waiver.
   (t) Home- and community-based services approved by the United
States Department of Health and Human Services may be covered to the
extent that federal financial participation is available for those
services under waivers granted in accordance with Section 1396n of
Title 42 of the United States Code. The director may seek waivers for
any or all home- and community-based services approvable under
Section 1396n of Title 42 of the United States Code. Coverage for
those services shall be limited by the terms, conditions, and
duration of the federal waivers.
   (u) Comprehensive perinatal services, as provided through an
agreement with a health care provider designated in Section 14134.5
and meeting the standards developed by the department pursuant to
Section 14134.5, subject to utilization controls.
   The department shall seek any federal waivers necessary to
implement the provisions of this subdivision. The provisions for
which appropriate federal waivers cannot be obtained shall not be
implemented. Provisions for which waivers are obtained or for which
waivers are not required shall be implemented notwithstanding any
inability to obtain federal waivers for the other provisions. No
provision of this subdivision shall be implemented unless matching
funds from Subchapter XIX (commencing with Section 1396) of Chapter 7
of Title 42 of the United States Code are available.
   (v) Early and periodic screening, diagnosis, and treatment for any
individual under 21 years of age is covered, consistent with the
requirements of Subchapter XIX (commencing with Section 1396) of
Chapter 7 of Title 42 of the United States Code.
   (w) Hospice service which is Medicare-certified hospice service is
covered, subject to utilization controls. Coverage shall be
available only to the extent that no additional net program costs are
incurred.
   (x) When a claim for treatment provided to a beneficiary includes
both services which are authorized and reimbursable under this
chapter, and services which are not reimbursable under this chapter,
that portion of the claim for the treatment and services authorized
and reimbursable under this chapter shall be payable.
   (y) Home- and community-based services approved by the United
States Department of Health and Human Services for beneficiaries with
a diagnosis of AIDS or ARC, who require intermediate care or a
higher level of care.
   Services provided pursuant to a waiver obtained from the Secretary
of the United States Department of Health and Human Services
pursuant to this subdivision, and which are not otherwise included in
the Medi-Cal schedule of benefits, shall be available only to the
extent that federal financial participation for these services is
available in accordance with the waiver, and subject to the terms,
conditions, and duration of the waiver. These services shall be
provided to individual beneficiaries in accordance with the client's
needs as identified in the plan of care, and subject to medical
necessity and applicable utilization control.
   The director may under this section contract with organizations
qualified to provide, directly or by subcontract, services provided
for in this subdivision to eligible beneficiaries. Contracts or
agreements entered into pursuant to this division shall not be
subject to the Public Contract Code.
   (z) Respiratory care when provided in organized health care
systems as defined in Section 3701 of the Business and Professions
Code, and as an in-home medical service as outlined in subdivision
(s).
   (aa) (1) There is hereby established in the department, a program
to provide comprehensive clinical family planning services to any
person who has a family income at or below 200 percent of the federal
poverty level, as revised annually, and who is eligible to receive
these services pursuant to the waiver identified in paragraph (2).
This program shall be known as the Family Planning, Access, Care, and
Treatment (Family                                             PACT)
Program.
   (2) The department shall seek a waiver in accordance with Section
1315 of Title 42 of the United States Code, or a state plan amendment
adopted in accordance with Section 1396a(a)(10)(A)(ii)(XXI)(ii)(2)
of Title 42 of the United States Code, which was added to Section
1396a of Title 42 of the United States Code by Section 2303(a)(2) of
the federal Patient Protection and Affordable Care Act (PPACA)
(Public Law 111-148), for a program to provide comprehensive clinical
family planning services as described in paragraph (8). Under the
waiver, the program shall be operated only in accordance with the
waiver and the statutes and regulations in paragraph (4) and subject
to the terms, conditions, and duration of the waiver. Under the state
plan amendment, which shall replace the waiver and shall be known as
the Family PACT successor state plan amendment, the program shall be
operated only in accordance with this subdivision and the statutes
and regulations in paragraph (4). The state shall use the standards
and processes imposed by the state on January 1, 2007, including the
application of an eligibility discount factor to the extent required
by the federal Centers for Medicare and Medicaid Services, for
purposes of determining eligibility as permitted under Section 1396a
(a)(10)(A)(ii)(XXI)(ii)(2) of Title 42 of the United States Code. To
the extent that federal financial participation is available, the
program shall continue to conduct education, outreach, enrollment,
service delivery, and evaluation services as specified under the
waiver. The services shall be provided under the program only if the
waiver and, when applicable, the successor state plan amendment are
approved by the federal Centers for Medicare and Medicaid Services
and only to the extent that federal financial participation is
available for the services. Nothing in this section shall prohibit
the department from seeking the Family PACT successor state plan
amendment during the operation of the waiver.
   (3) Solely for the purposes of the waiver or Family PACT successor
state plan amendment and notwithstanding any other provision of law,
the collection and use of an individual's social security number
shall be necessary only to the extent required by federal law.
   (4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005, and
24013, and any regulations adopted under these statutes shall apply
to the program provided for under this subdivision. No other
provision of law under the Medi-Cal program or the State-Only Family
Planning Program shall apply to the program provided for under this
subdivision.
   (5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, without taking regulatory action, the
provisions of the waiver after its approval by the federal Health
Care Financing Administration and the provisions of this section by
means of an all-county letter or similar instruction to providers.
Thereafter, the department shall adopt regulations to implement this
section and the approved waiver in accordance with the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code. Beginning six months after the
effective date of the act adding this subdivision, the department
shall provide a status report to the Legislature on a semiannual
basis until regulations have been adopted.
   (6) In the event that the Department of Finance determines that
the program operated under the authority of the waiver described in
paragraph (2) or the Family PACT successor state plan amendment is no
longer cost effective, this subdivision shall become inoperative on
the first day of the first month following the issuance of a 30-day
notification of that determination in writing by the Department of
Finance to the chairperson in each house that considers
appropriations, the chairpersons of the committees, and the
appropriate subcommittees in each house that considers the State
Budget, and the Chairperson of the Joint Legislative Budget
Committee.
   (7) If this subdivision ceases to be operative, all persons who
have received or are eligible to receive comprehensive clinical
family planning services pursuant to the waiver described in
paragraph (2) shall receive family planning services under the
Medi-Cal program pursuant to subdivision (n) if they are otherwise
eligible for Medi-Cal with no share of cost, or shall receive
comprehensive clinical family planning services under the program
established in Division 24 (commencing with Section 24000) either if
they are eligible for Medi-Cal with a share of cost or if they are
otherwise eligible under Section 24003.
   (8) For purposes of this subdivision, "comprehensive clinical
family planning services" means the process of establishing
objectives for the number and spacing of children, and selecting the
means by which those objectives may be achieved. These means include
a broad range of acceptable and effective methods and services to
limit or enhance fertility, including contraceptive methods, federal
Food and Drug Administration approved contraceptive drugs, devices,
and supplies, natural family planning, abstinence methods, and basic,
limited fertility management. Comprehensive clinical family planning
services include, but are not limited to, preconception counseling,
maternal and fetal health counseling, general reproductive health
care, including diagnosis and treatment of infections and conditions,
including cancer, that threaten reproductive capability, medical
family planning treatment and procedures, including supplies and
followup, and informational, counseling, and educational services.
Comprehensive clinical family planning services shall not include
abortion, pregnancy testing solely for the purposes of referral for
abortion or services ancillary to abortions, or pregnancy care that
is not incident to the diagnosis of pregnancy. Comprehensive clinical
family planning services shall be subject to utilization control and
include all of the following:
   (A) Family planning related services and male and female
sterilization. Family planning services for men and women shall
include emergency services and services for complications directly
related to the contraceptive method, federal Food and Drug
Administration approved contraceptive drugs, devices, and supplies,
and followup, consultation, and referral services, as indicated,
which may require treatment authorization requests.
   (B) All United States Department of Agriculture, federal Food and
Drug Administration approved contraceptive drugs, devices, and
supplies that are in keeping with current standards of practice and
from which the individual may choose.
   (C) Culturally and linguistically appropriate health education and
counseling services, including informed consent, that include all of
the following:
   (i) Psychosocial and medical aspects of contraception.
   (ii) Sexuality.
   (iii) Fertility.
   (iv) Pregnancy.
   (v) Parenthood.
   (vi) Infertility.
   (vii) Reproductive health care.
   (viii) Preconception and nutrition counseling.
   (ix) Prevention and treatment of sexually transmitted infection.
   (x) Use of contraceptive methods, federal Food and Drug
Administration approved contraceptive drugs, devices, and supplies.
   (xi) Possible contraceptive consequences and followup.
   (xii) Interpersonal communication and negotiation of relationships
to assist individuals and couples in effective contraceptive method
use and planning families.
   (D) A comprehensive health history, updated at the next periodic
visit (between 11 and 24 months after initial examination) that
includes a complete obstetrical history, gynecological history,
contraceptive history, personal medical history, health risk factors,
and family health history, including genetic or hereditary
conditions.
   (E) A complete physical examination on initial and subsequent
periodic visits.
   (F) Services, drugs, devices, and supplies deemed by the federal
Centers for Medicare and Medicaid Services to be appropriate for
inclusion in the program.
   (9) In order to maximize the availability of federal financial
participation under this subdivision, the director shall have the
discretion to implement the Family PACT successor state plan
amendment retroactively to July 1, 2010.
   (ab) (1) Purchase of prescribed enteral nutrition products is
covered, subject to the Medi-Cal list of enteral nutrition products
and utilization controls.
   (2) Purchase of enteral nutrition products is limited to those
products to be administered through a feeding tube, including, but
not limited to, a gastric, nasogastric, or jejunostomy tube.
Beneficiaries under the Early and Periodic Screening, Diagnosis, and
Treatment Program shall be exempt from this paragraph.
   (3) Notwithstanding paragraph (2), the department may deem an
enteral nutrition product, not administered through a feeding tube,
including, but not limited to, a gastric, nasogastric, or jejunostomy
tube, a benefit for patients with diagnoses, including, but not
limited to, malabsorption and inborn errors of metabolism, if the
product has been shown to be neither investigational nor experimental
when used as part of a therapeutic regimen to prevent serious
disability or death.
   (4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement the amendments to this subdivision made by
the act that added this paragraph by means of all-county letters,
provider bulletins, or similar instructions, without taking
regulatory action.
   (5) The amendments made to this subdivision by the act that added
this paragraph shall be implemented June 1, 2011, or on the first day
of the first calendar month following 60 days after the date the
department secures all necessary federal approvals to implement this
section, whichever is later.
   (ac) Diabetic testing supplies are covered when provided by a
pharmacy, subject to utilization controls.
                                
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