Bill Text: CA AB2142 | 2019-2020 | Regular Session | Introduced
Bill Title: Board of Behavioral Sciences: licensees: licensing and examination fees.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2020-02-20 - Referred to Com. on B. & P. [AB2142 Detail]
Download: California-2019-AB2142-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2142
| Introduced by Assembly Member Medina |
February 10, 2020 |
An act to amend Sections 4980.54, 4984.7, 4989.34, 4989.36, 4989.40, 4989.68, 4996.3, 4996.22, 4999.76, 4999.104, and 4999.120 of, and to repeal Section 4999.122 of, the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2142, as introduced, Medina.
Board of Behavioral Sciences: licensees: licensing and examination fees.
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 applicants for licensure and licensees under those acts to pay specified fees for licensure, license renewal, and examinations, and requires licensees who renew their license after allowing it to expire to pay delinquency fees. Existing law requires the board to establish the required fees at or below the maximum amounts specified under the act.
This bill would revise and recast the fees described above. The bill would establish new minimum fee amounts, and would authorize the board to adopt regulations to set the fees at a higher amount up to the prescribed maximum. The bill would
require the delinquency fee to be 1/2 of the fee for license renewal.
Existing law requires marriage and family therapists, licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors to comply with specified continuing education requirements, and requires the board to fund the administration of those continuing education requirements through continuing education provider fees.
This bill would remove the requirement that the board fund the administration of continuing education requirements through continuing education provider fees.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
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(b) In order to continuously improve the competence of licensed marriage and family therapists and as a model for all psychotherapeutic professions, the Legislature encourages all licensees to regularly engage in continuing education
related to the profession or scope of practice as defined in this chapter.
(c) 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 he or she 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.
(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 board shall, by regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Sciences Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section. For purposes of this subdivision, a provider of continuing education as described in paragraph (1) of subdivision (f) shall be deemed to be an approved provider.
(k)
(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. 2.
Section 4984.7 of the Business and Professions Code is amended to read:4984.7.
(1)
(a) The application fee for an associate registration shall be seventy-five dollars ($75).
one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(2)
(b) The renewal fee for an associate registration shall be seventy-five dollars ($75). one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(3)
(c) The fee for the application for licensure shall be one hundred dollars ($100). two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(4)
(d) (1) (A) The fee for the clinical
examination shall be one hundred dollars ($100). The two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(B) The fee for the California law and ethics examination shall be one hundred dollars ($100).
one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(A)
(2) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fee.
(B)
(3) 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 examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board.
(5)
(e) The fee for rescoring an examination shall be twenty dollars ($20).
(6)
(f) The fee for the issuance of an initial license shall be a maximum of one hundred eighty dollars ($180). two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(7)
(g) The fee for license renewal shall be a maximum
of one hundred eighty dollars ($180). two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(8)The fee for inactive license renewal shall be a maximum of ninety dollars ($90).
(9)
(h) The renewal delinquency fee shall be a maximum of ninety dollars ($90).
one-half of the fee for license renewal. A person who permits his or her their license to expire is subject to the delinquency fee.
(10)
(i) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(11)
(j) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(12)
(k) 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 the fee amounts at or below the maximum amounts specified in this chapter.
SEC. 3.
Section 4989.34 of the Business and Professions Code is amended to read:4989.34.
(a) To renew(b) (1) The continuing education shall be obtained from either an accredited university or a continuing education
provider as specified by the board by regulation.
(2) The board shall establish, by regulation, a procedure identifying acceptable providers of continuing education courses, and all providers of continuing education shall comply with 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.
(c) 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 educational psychology.
(2) Aspects of the discipline of educational psychology
in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of educational psychology.
(d) The board may audit the records of a licensee to verify completion of the continuing education requirement. A licensee shall maintain records of the 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 its request.
(e) The board may establish exceptions from the continuing education requirements of this section for good cause, as determined by the board.
(f)The board shall, by regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Sciences Fund. The amount of the fees shall be sufficient to meet, but shall not exceed, the costs of administering this section.
(g)
(f) 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. 4.
Section 4989.36 of the Business and Professions Code is amended to read:4989.36.
A licensee may renew a license that has expired at any time within three years after its expiration date by taking all of the actions described in Section 4989.32 and by payingSEC. 5.
Section 4989.40 of the Business and Professions Code is amended to read:4989.40.
A revoked license is subject to expiration as provided in this article and shall not be renewed. The applicant may apply to the board for reinstatement ofSEC. 6.
Section 4989.68 of the Business and Professions Code is amended to read:4989.68.
(1)
(a) The application fee for examination eligibility licensure
shall be one hundred dollars ($100).
two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(2)
(b) The fee for issuance of the initial license shall be a maximum amount of one hundred fifty dollars ($150). two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(3)
(c) The fee for license renewal shall be a maximum amount of one hundred fifty dollars ($150). two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(4)
(d) The delinquency fee shall be a maximum amount of seventy-five dollars ($75).
one-half of the fee for license renewal. A person who permits his or her their
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. expire shall be subject to the delinquency fee.
(5)
(e) The written examination fee shall be one hundred dollars ($100).
two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500). An applicant who fails to appear for an examination, once having been scheduled, shall forfeit any examination fees he or she paid.
(6)
(f) The fee for rescoring a written examination shall be twenty dollars ($20).
(7)
(g) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(8)
(h) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(9)
(i) 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. 7.
Section 4996.3 of the Business and Professions Code is amended to read:4996.3.
(1)
(a) The application fee for registration as an associate clinical social worker shall be seventy-five dollars ($75).
one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(2)
(b) The fee for renewal of an associate clinical social worker registration shall be seventy-five dollars ($75). one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(3)
(c) The fee for application for licensure shall be one hundred dollars ($100). two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(4)
(d) (1) (A) The fee for the
board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be one hundred dollars ($100). The two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(B) The fee for the California law and ethics examination shall be one hundred dollars ($100).
one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(A)
(2) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(B)
(3) 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)
(e) The fee for rescoring an examination shall be twenty dollars ($20).
(6)
(f) The fee for issuance of an initial license shall be a maximum of one hundred fifty-five dollars ($155).
two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(7)
(g) The fee for license renewal shall be a maximum of one hundred fifty-five dollars ($155). two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(8)The fee for inactive license renewal shall be a maximum of seventy-seven dollars and fifty cents ($77.50).
(9)
(h) The renewal delinquency fee shall be a maximum of seventy-five dollars ($75). one-half of the fee for license renewal. A person who permits his or her their license to expire is
shall be subject to the delinquency fee.
(10)
(i) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(11)
(j) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(12)
(k) 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.
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(2) The board shall not renew any license of an applicant who began graduate study prior to 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, he or she 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 prior to 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).
(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) 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 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.
(j)The board shall, by
regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Sciences Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section. For purposes of this subdivision, a provider of continuing education as described in paragraph (1) of subdivision (d) shall be deemed to be an approved provider.
SEC. 9.
Section 4999.76 of the Business and Professions Code is amended to read:4999.76.
(a) 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(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 board shall, by regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Sciences Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section. For the purposes of this subdivision, a provider of continuing education as described in paragraph (1) of subdivision (d) shall be deemed to be an approved provider.
(i)
(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. 10.
Section 4999.104 of the Business and Professions Code is amended to read:4999.104.
Licenses issued under this chapter that have expired may be renewed at any time within three years of expiration. To renew an expired license described in this section, the licensee shall do all of the following:(a) File an application for renewal on a form prescribed by the board.
(b) Pay all fees that would have been paid if the license had not become delinquent. a two-year renewal fee prescribed by the board.
(c) Pay all
a
delinquency fees. fee.
(d) Certify compliance with the continuing education requirements set forth in Section 4999.76.
(e) Notify the board whether he or she the licensee has been convicted, as defined in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal.
SEC. 11.
Section 4999.120 of the Business and Professions Code is amended to read:4999.120.
The board shall assess(a) The fee for the application for licensure shall be up to two hundred fifty dollars ($250).
The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(b) The fee for the application for associate registration shall be up to one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(c) (1) (A) The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be up to
two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(B) The fee for the California law and ethics examination shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(2) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(3) 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.
(d)The fee for the law and ethics examination shall be up to one hundred fifty dollars ($150).
(e)
(d) The fee for the issuance of a license shall be up to two hundred fifty dollars ($250).
two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(f)
(e) The fee for annual renewal of an associate registration shall be up to one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(g)
(f) The fee for two-year renewal of licenses shall be up to two hundred fifty dollars ($250).
license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(g) The renewal delinquency fee shall be one-half of the fee for license renewal. A person who permits their license to expire shall be subject to the delinquency fee.
(h) The fee for issuance of a retired license shall be forty dollars ($40).
(i) The fee for rescoring an examination shall be twenty dollars ($20).
(j) The fee for issuance of a replacement license or registration shall be twenty dollars ($20).
(k) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
SEC. 12.
Section 4999.122 of the Business and Professions Code is repealed.The professional clinical counselor licensing program shall be supported from fees assessed to applicants, interns, and licensees. Startup funds to implement this program shall be derived, as a loan, from the reserve fund of the Board of Behavioral Sciences, subject to an appropriation by the Legislature in the annual Budget Act. The board shall not implement this chapter until funds have been appropriated.
