Bill Text: CA AB1759 | 2021-2022 | Regular Session | Chaptered
Bill Title: Board of Behavioral Sciences: licensees and registrants: marriage and family therapy, educational psychology, clinical social work, and professional clinical counseling.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-25 - Chaptered by Secretary of State - Chapter 520, Statutes of 2022. [AB1759 Detail]
Download: California-2021-AB1759-Chaptered.html
Assembly Bill
No. 1759
CHAPTER 520
An act to amend Sections 2290.5, 4980.399, 4980.54, 4984.01, 4992.09, 4996.22, 4996.23.2, 4996.28, 4999.46.3, 4999.55, 4999.76, and 4999.100 of, and to add Sections 4980.395, 4989.23.1, 4996.27.1, and 4999.67 to, the Business and Professions Code, relating to healing arts.
[
Approved by
Governor
September 25, 2022.
Filed with
Secretary of State
September 25, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1759, Aguiar-Curry.
Board of Behavioral Sciences: licensees and registrants: marriage and family therapy, educational psychology, clinical social work, and professional clinical counseling.
(1) Existing law establishes the Board of Behavioral Sciences within the Department of Consumer Affairs, and requires the board to license and regulate various registrants and licensees under the Licensed Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law, the Medical Practice Act, establishes requirements for the delivery of telehealth by health care providers, and defines “health care provider” for those purposes. A violation of each of the acts specified above is a crime.
This bill would include associate professional clinical counselor trainees in the definition of health care provider for purposes of the provisions authorizing the delivery of telehealth. The bill would authorize
associate clinical social workers, associate professional clinical counselors, and clinical counselor trainees to provide services via telehealth within their scope of practice. The bill would require an applicant for licensure as a marriage and family therapist, a licensed educational psychologist, a licensed clinical social worker, or a licensed professional clinical counselor to show, as part of their application, that they have completed 3 hours of training of coursework in the provision of mental health services via telehealth, including law and ethics relating to telehealth. The bill would also require completion of that training requirement as a one-time requirement for licensees before the time of their first renewal after July 1, 2023, and for applicants for reactivation or reinstatement to an active license on or after July 1, 2023.
(2) Existing law requires a registrant as an associate marriage and family therapist, associate
clinical social worker, or associate professional clinical counselor who fails to obtain a passing score on a board-administered California law and ethics examination within their renewal period to complete a 12-hour course in California law and ethics before retaking and passing the board-administered California law and ethics examination.
This bill would delete those provisions and instead would require each registrant to complete a minimum of 3 hours of continuing education in California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination, and would require each registrant to certify under penalty of perjury that they have complied with this continuing education requirement as a condition of renewal. By expanding the scope of crimes under the acts specified above, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2290.5 of the Business and Professions Code is amended to read:2290.5.
(a) For purposes of this division, the following definitions apply:(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site.
(2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.
(3) “Health care provider” means any of the following:
(A) A person who is licensed
under this division.
(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.
(C) A qualified autism service provider or qualified autism service professional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.
(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.
(E) An associate professional clinical counselor or clinical counselor trainee
functioning pursuant to Section 4999.46.3.
(4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.
(5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site.
(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.
(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.
(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.
(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.
(e) This section
does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.
(f) All laws regarding the confidentiality of health care information and a patient’s rights to the patient’s medical information shall apply to telehealth interactions.
(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care provider’s license shall apply to that health care provider while providing telehealth services.
(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.
(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).
(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is
referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
SEC. 2.
Section 4980.395 is added to the Business and Professions Code, to read:4980.395.
(a) On or after July 1, 2023, an applicant for licensure as a marriage and family therapist shall show, as part of the application, that they have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth. This requirement shall be met in one of the following ways:(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution’s
curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section 4980.54. To satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023, shall have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth, using one of the methods specified in subdivision (a).
(c) Proof of compliance with subdivision
(b) shall be certified under penalty of perjury that they are in compliance with this section and shall be retained for submission to the board upon request.
SEC. 3.
Section 4980.399 of the Business and Professions Code is amended to read:4980.399.
(a) Except as provided in subdivision (a) of Section 4980.398, each applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure.(b) A registrant shall participate in a board-administered California law and ethics examination before their registration renewal.
(c) If an applicant fails the California law and ethics examination,
they
may retake the examination, upon payment of the required fees, without further application.
(d) The board shall not issue a subsequent registration
number unless the applicant has passed the California law and ethics examination.
(e) A registrant shall complete a minimum of three hours of continuing education on the subject of California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination. The coursework shall be obtained from a board-accepted provider of continuing education, as specified in Section 4980.54.
SEC. 4.
Section 4980.54 of the Business and Professions Code is amended to read:4980.54.
(a) The Legislature recognizes that the education and experience requirements in this chapter constitute only minimal requirements to ensure that an applicant is prepared and qualified to take the licensure examinations as specified in subdivision (d) of Section 4980.40 and, if an applicant passes those examinations, to begin practice.(b) In order to continuously improve the competence of licensed and registered marriage and family therapists and as a model for all psychotherapeutic professions, the Legislature encourages all licensees and registrants
to regularly engage in continuing education related to the profession or scope of practice as defined in this chapter.
(c) (1) Except as provided in subdivision (e), the board shall not renew any license pursuant to this chapter unless the applicant certifies to the board, on a form prescribed by the board, that the applicant has completed not less than 36 hours of approved continuing education in or relevant to the field of marriage and family therapy in the preceding two years, as determined by the board.
(2) The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a
form prescribed by the board, that they have completed not less than three hours of continuing education on the subject of California law and ethics during the preceding year.
(d) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(e) The board may establish exceptions from the continuing education requirements of this section for good cause, as defined by the board.
(f) The continuing education shall be obtained from one of the following sources:
(1) An accredited school or state-approved school that meets the requirements set forth in Section 4980.36 or 4980.37. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) Other continuing education providers, as specified by the board by regulation.
(g) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (f), shall adhere to procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
(h) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of marriage and family therapy.
(i) A system of continuing education for licensed marriage and family therapists shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(j) The continuing
education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
SEC. 5.
Section 4984.01 of the Business and Professions Code is amended to read:4984.01.
(a) The associate marriage and family therapist registration shall expire one year from the last day of the month in which it was issued.(b) To renew the registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Participate in the California law and ethics examination pursuant to Section 4980.399 each year until successful completion of this examination.
(4) Notify the board whether
they have been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken against them by a regulatory or licensing board in this or any other state subsequent to the last renewal of the registration.
(5) Certify under penalty of perjury their compliance with the continuing education requirements set forth in Section 4980.54.
(c) An expired registration may be renewed by completing all of the actions described in paragraphs (1) to
(5), inclusive, of subdivision (b).
(d) The registration may be renewed a maximum of five times. No registration shall be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked. When no further renewals are possible, an applicant may apply for and obtain a subsequent associate registration number if the applicant meets the educational requirements for a subsequent associate registration number and has passed the California law and ethics examination. An applicant who is issued a subsequent associate registration number pursuant to this subdivision shall not be employed or volunteer in a private practice.
SEC. 6.
Section 4989.23.1 is added to the Business and Professions Code, to read:4989.23.1.
(a) On or after July 1, 2023, an applicant for licensure as an educational psychologist shall show, as part of the application, that they have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth. This requirement shall be met in one of the following ways:(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution’s
curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section 4989.34. To satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023, shall have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth, using one of the methods specified in subdivision (a).
(c) Proof of compliance with subdivision
(b) shall be certified under penalty of perjury that they are in compliance with this section and shall be retained for submission to the board upon request.
SEC. 7.
Section 4992.09 of the Business and Professions Code is amended to read:4992.09.
(a) Except as provided in subdivision (a) of Section 4992.07, an applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure.(b) A registrant shall participate in a board-administered California law and ethics examination before their registration renewal.
(c) If an applicant fails the California law and ethics examination,
they
may retake the examination, upon payment of the required fees, without further application.
(d) The board shall not issue a subsequent registration
number unless the applicant has passed the California law and ethics examination.
(e) A registrant shall complete a minimum of three hours of continuing education in the subject of California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination. The coursework shall be obtained from a board-accepted provider of continuing education, as specified in Section 4996.22.
SEC. 8.
Section 4996.22 of the Business and Professions Code is amended to read:4996.22.
(a) (1) Except as provided in subdivision (c), the board shall not renew any license pursuant to this chapter unless the applicant certifies to the board, on a form prescribed by the board, that the applicant has completed not less than 36 hours of approved continuing education in or relevant to the field of social work in the preceding two years, as determined by the board.(2) The board shall not renew any license of an applicant who began graduate study before January 1, 2004, pursuant to this chapter unless the applicant certifies to the
board that during the applicant’s first renewal period after the operative date of this section, the applicant completed a continuing education course in spousal or partner abuse assessment, detection, and intervention strategies, including community resources, cultural factors, and same gender abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken before the operative date of this section or proof of equivalent teaching or practice experience may be submitted to the board and at its discretion, may be accepted in satisfaction of this requirement. Continuing education courses taken pursuant to this paragraph shall be applied to the 36 hours of approved
continuing education required under paragraph (1).
(3) The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a form prescribed by the board, that they have completed not less than three hours of continuing education in the subject of California law and ethics during the preceding year.
(b) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(c) The board may establish exceptions from the continuing education requirement of this section for good cause as defined by the board.
(d) The continuing education shall be obtained from one of the following sources:
(1) An accredited school of social work, as defined in Section 4991.2, or 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. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) A school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education or a school, college, or university that is approved by the Bureau for Private
Postsecondary Education.
(3) Another continuing education provider, as specified by the board by regulation.
(e) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (d), shall adhere to the procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
(f) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are
fundamental to the understanding, or the practice, of social work.
(2) Aspects of the social work discipline in which significant recent developments have occurred.
(3) Aspects of other related disciplines that enhance the understanding, or the practice, of social work.
(g) A system of continuing education for licensed clinical social workers shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(h) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
(i) The board may adopt
regulations as necessary to implement this section.
SEC. 9.
Section 4996.23.2 of the Business and Professions Code is amended to read:4996.23.2.
(a) An associate clinical social worker or applicant for licensure shall only perform mental health and related services as an employee or as a volunteer, not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. An associate or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4996.9, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.(1) If employed, an associate shall provide the board, upon application for licensure, with copies of the corresponding W-2 tax forms
for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a letter from their employer verifying the associate’s status as a volunteer during the dates the experience was gained.
(b) Employment in a private practice or professional corporation shall not commence until the applicant has been registered as an associate clinical social worker.
(c) 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.
(d) Only experience gained in the position for which the associate clinical social worker volunteers or is employed shall qualify as supervised experience.
(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 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.
(f) An associate clinical social worker or applicant for
licensure who provides voluntary services in any lawful work setting and who only receives reimbursement for expenses actually incurred shall be considered an employee. The board may audit an applicant for licensure who receives reimbursement for expenses and the applicant shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.
(g) An associate clinical social worker or applicant for licensure who receives a stipend or educational loan repayment from a program designed to encourage demographically underrepresented groups to enter the profession or to improve recruitment and retention in underserved regions or settings shall be considered an employee. The board may audit an applicant who receives a stipend or educational loan repayment and the applicant shall have the burden of demonstrating that the payments received were for the specified purposes.
(h) An associate or applicant for licensure shall not receive any remuneration from patients or clients and shall only be paid by their employer, if an employee.
(i) An associate or applicant for licensure shall have no proprietary interest in their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employer.
(j) An associate may provide services via telehealth that are in the scope of practice as outlined in this chapter.
(k) Each educational institution preparing applicants pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage their supervisees regarding the advisability of undertaking individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, educational institutions and supervisors are encouraged to assist the applicant to locate counseling or psychotherapy at a reasonable cost.
SEC. 10.
Section 4996.27.1 is added to the Business and Professions Code, to read:4996.27.1.
(a) On or after July 1, 2023, an applicant for licensure as a clinical social worker shall show, as part of the application, that they have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth. This requirement shall be met in one of the following ways:(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution’s
curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section 4996.22. To satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023, shall have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth, using one of the methods specified in subdivision (a)
(c) Proof of compliance with subdivision
(b) shall be certified under penalty of perjury that they are in compliance with this section and shall be retained for submission to the board upon request.
SEC. 11.
Section 4996.28 of the Business and Professions Code is amended to read:4996.28.
(a) Registration as an associate clinical social worker shall expire one year from the last day of the month during which it was issued. To renew a registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions:(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether they have been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken by a regulatory or licensing board in this or any other state, subsequent to the last renewal of the registration.
(4) Participate in the California law and ethics examination pursuant to Section 4992.09 each year until successful completion of this examination.
(5) Certify under penalty of perjury their compliance with the continuing education requirements set forth in Section 4996.22.
(b) An expired registration may be renewed by completing all of the actions described in paragraphs (1) to
(5), inclusive, of subdivision (a).
(c) A registration as an associate clinical social worker may be renewed a maximum of five times. No registration shall be renewed or reinstated beyond six years from the last day of the month during which the registration was issued, regardless of whether the registration has been revoked. When no further renewals are possible, an applicant may apply for and obtain a subsequent associate clinical social worker registration number if the applicant meets all requirements for registration in effect at the time of their application for a subsequent associate clinical social worker registration number and has passed the California law and ethics examination pursuant to
Section 4992.09. An applicant issued a subsequent associate registration number pursuant to this subdivision shall not be employed or volunteer in a private practice.
SEC. 12.
Section 4999.46.3 of the Business and Professions Code is amended to read:4999.46.3.
(a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. A clinical counselor trainee, associate, or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4999.20, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.(1) If employed, an associate shall provide the board, upon application for licensure, with copies
of the corresponding W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a letter from their employer verifying the associate’s status as a volunteer during the dates the experience was gained.
(b) A clinical counselor trainee shall not perform services in a private practice or professional corporation.
(c) A trainee shall complete the required predegree supervised practicum or field study experience in a setting that meets all of the following requirements:
(1) Is not a private practice or a professional corporation.
(2) Lawfully and regularly provides mental health counseling or
psychotherapy.
(3) Provides oversight to ensure that the clinical counselor trainee’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice of the profession, as defined in Section 4999.20.
(4) Only experience gained in the position for which the clinical counselor trainee volunteers or is employed shall qualify as supervised practicum or field study experience.
(d) (1) An associate 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
associate’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice for the profession, as defined in Section 4999.20.
(2) Only experience gained in the position for which the associate volunteers or is employed shall qualify as supervised experience.
(3) An applicant for registration as an associate shall not be employed or volunteer in a private practice or professional corporation until they have been issued an associate registration by the board.
(e) Any experience obtained under the supervision of a spouse, relative, or domestic partner 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 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.
(f) A clinical counselor trainee, associate, or applicant for licensure shall not receive any remuneration from patients or clients and shall only be paid by their employer, if an employee.
(g) A clinical counselor trainee, associate, or applicant for licensure shall have no proprietary interest in their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employer.
(h) A clinical counselor trainee, associate, or applicant for licensure who provides voluntary services in any lawful work setting and who only receives reimbursement for expenses actually incurred
shall be considered an employee. The board may audit an applicant for licensure who receives reimbursement for expenses and the applicant for licensure shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.
(i) A clinical counselor trainee, associate, or applicant for licensure who receives a stipend or educational loan repayment from a program designed to encourage demographically underrepresented groups to enter the profession or to improve recruitment and retention in underserved regions or settings shall be considered an employee. The board may audit an applicant who receives a stipend or educational loan repayment and the applicant shall have the burden of demonstrating that the payments were for the specified purposes.
(j) A
clinical counselor trainee or associate may provide services via telehealth that are in the scope of practice outlined in this chapter.
(k) Each educational institution preparing applicants pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage their associates and trainees regarding the advisability of undertaking individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by
the applicant, educational institutions and supervisors are encouraged to assist the applicant to locate that counseling or psychotherapy at a reasonable cost.
SEC. 13.
Section 4999.55 of the Business and Professions Code is amended to read:4999.55.
(a) Each applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure.(b) A registrant shall take a board-administered California law and ethics examination before their registration renewal.
(c) If an applicant fails the California law and ethics examination,
they may retake the examination, upon payment of the required fees, without further application.
(d) The board shall not issue a subsequent registration number unless the applicant has passed the California law and ethics examination.
(e) A registrant shall complete a minimum of three hours of continuing education in the subject of California law and ethics during each renewal period in order to be eligible to renew their registration, regardless of whether or not they have passed the California law and ethics examination. The coursework shall be obtained from a board-accepted provider of continuing education, as specified in Section 4999.76.
SEC. 14.
Section 4999.67 is added to the Business and Professions Code, to read:4999.67.
(a) On or after July 1, 2023, an applicant for licensure as a professional clinical counselor shall show, as part of the application, that they have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth. This requirement shall be met in one of the following ways:(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution’s
curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section 4999.76. To satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023, shall have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth, using one of the methods specified in subdivision (a).
(c) Proof of compliance with subdivision
(b) shall be certified under penalty of perjury that they are in compliance with this section and shall be retained for submission to the board upon request.
SEC. 15.
Section 4999.76 of the Business and Professions Code is amended to read:4999.76.
(a) (1) Except as provided in subdivision (c), the board shall not renew any license pursuant to this chapter unless the applicant certifies to the board, on a form prescribed by the board, that the applicant has completed not less than 36 hours of approved continuing education in or relevant to the field of professional clinical counseling in the preceding two years, as determined by the board.(2) The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a form
prescribed by the board, that they have completed not less than three hours of continuing education in the subject of California law and ethics during the preceding year.
(b) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completed continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(c) The board may establish exceptions from the continuing education requirement of this section for good cause, as defined by the board.
(d) The continuing education shall be obtained from one of the following sources:
(1) A school,
college, or university that is accredited or approved, as defined in Section 4999.12. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) Other continuing education providers as specified by the board by regulation.
(e) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (d), shall adhere to procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
(f) Training, education, and coursework by
approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of professional clinical counseling.
(2) Significant recent developments in the discipline of professional clinical counseling.
(3) Aspects of other disciplines that enhance the understanding or the practice of professional clinical counseling.
(g) A system of continuing education for licensed professional clinical counselors shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(h) The continuing education requirements of this section shall fully comply with the
guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
SEC. 16.
Section 4999.100 of the Business and Professions Code is amended to read:4999.100.
(a) An associate registration shall expire one year from the last day of the month in which it was issued.(b) To renew a registration, the registrant, on or before the expiration date of the registration, shall do the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether they have
been convicted, as defined in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the registrant’s last renewal.
(4) Participate in the California law and ethics examination pursuant to Section 4999.53 each year until successful completion of this examination.
(5) Certify under penalty of perjury their compliance with the continuing education requirements set forth in Section 4999.76.
(c) An expired registration may be renewed by completing all of the actions described in paragraphs (1) to
(5), inclusive, of subdivision (b).
(d) The associate registration may be renewed a maximum of five times. Registration shall not be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked. When no further renewals are possible, an applicant may apply for and obtain a subsequent associate registration number if the applicant meets the educational requirements for registration in effect at the time of the application for a subsequent associate registration number and has passed the California law and ethics examination described in Section 4999.53. An applicant who is issued a subsequent associate registration number pursuant to this subdivision shall not be employed or volunteer in a private practice.
