Bill Text: CA SB1466 | 2013-2014 | Regular Session | Chaptered
Bill Title: Health care professionals.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2014-09-09 - Chaptered by Secretary of State. Chapter 316, Statutes of 2014. [SB1466 Detail]
Download: California-2013-SB1466-Chaptered.html
BILL NUMBER: SB 1466 CHAPTERED
BILL TEXT
CHAPTER 316
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2014
APPROVED BY GOVERNOR SEPTEMBER 9, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 20, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JULY 1, 2014
AMENDED IN ASSEMBLY JUNE 2, 2014
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Lieu (Chair), Berryhill, Block, Corbett,
Galgiani, Hernandez, Hill, Padilla, and Wyland)
MARCH 25, 2014
An act to amend Sections 27, 655.2, 2023.5, 2089.5, 2240, 2530.5,
2532.2, 2532.7, 2936, 4021.5, 4053, 4980, 4980.36, 4980.37, 4980.399,
4980.41, 4980.43, 4980.55, 4980.72, 4980.78, 4987.5, 4989.16,
4989.22, 4992.09, 4996.17, 4996.23, 4998, 4999.55, 4999.58, 4999.59,
4999.60, and 4999.123 of, to amend the heading of Chapter 13
(commencing with Section 4980) of Division 2 of, and to repeal
Sections 2930.5 and 2987.3 of, the Business and Professions Code, and
to amend Section 14132.55 of the Welfare and Institutions Code,
relating to health care professionals.
LEGISLATIVE COUNSEL'S DIGEST
SB 1466, Committee on Business, Professions and Economic
Development. Health care professionals.
(1) Existing law prohibits a physician and surgeon, licensed
medical corporation, or any audiologist who is not a licensed hearing
aid dispenser from employing a licensed hearing aid dispenser for
the purpose of fitting or selling hearing aids.
This bill would prohibit a licensed hearing aid dispenser from
employing a physician and surgeon or any audiologist who is not a
licensed dispensing audiologist or hearing aid dispenser, or
contracting with a licensed medical corporation, for the purpose of
fitting or selling hearing aids.
(2) Existing law, the Medical Practice Act, provides for the
licensure and regulation of physicians and surgeons by the Medical
Board of California. Existing law requires the Medical Board of
California to review issues and problems surrounding the use of laser
or intense light pulse devices for elective cosmetic procedures, in
conjunction with the Board of Registered Nursing and in consultation
with other specified groups. Existing law requires the board and the
Board of Registered Nursing to adopt regulations, by January 1, 2009,
with regard to the use of laser or intense pulse light devices for
elective cosmetic procedures, as specified. Existing law requires the
board to adopt regulations, by January 1, 2013, regarding the
appropriate level of physician availability needed within clinics or
other settings using laser or intense pulse light devices for
elective cosmetic procedures.
This bill would delete the provisions that require the board to
adopt regulations by January 1, 2009, and January 1, 2013.
(3) Existing law requires a physician and surgeon who performs a
scheduled medical procedure outside of a general acute care hospital
that results in the death of any patient on whom that medical
treatment was performed by the physician and surgeon, or by a person
acting under the physician and surgeon's orders or supervision, to
report, in writing on a form prescribed by the board, that occurrence
to the board within 15 days after the occurrence. A person who
violates this requirement is guilty of a misdemeanor.
This bill would make that provision applicable without regard to
whether the procedure was scheduled. By expanding the scope of a
crime, the bill would impose a state-mandated local program.
(4) Existing law provides for the licensing and regulation of
persons who are engaged in the practice of speech-language pathology
or audiology, as specified, and vests the enforcement of these
provisions in the Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Board. Among other requirements, an applicant for
licensure as a speech-language pathologist or audiologist is required
to submit transcripts from an educational institution approved by
the board evidencing completion of specified coursework, and submit
evidence of the satisfactory completion of supervised clinical
practice with individuals representative of a wide spectrum of ages
and communication disorders. Existing law requires the board to
establish by regulation the required number of clock hours, not to
exceed 300 clock hours, of supervised clinical practice necessary for
the applicant.
This bill would delete the requirement that the applicant submit
transcripts from an educational institution approved by the board
evidencing completion of specified coursework and would increase the
maximum number of clock hours that the board may establish by
regulation to 375.
(5) Existing law, the Psychology Licensing Law, provides for the
licensure and regulation of psychologists by the Board of Psychology.
Under certain circumstances, existing law authorizes the board to
issue a fictitious-name permit to a psychologist, as specified.
This bill would repeal the provision that authorizes the issuance
of a fictitious-name permit, and would make conforming changes with
regard to that repeal. The bill would make other changes to update a
provision related to consumer notices, as specified.
(6) Existing law, the Pharmacy Law, governs the regulation of the
practice of pharmacy and establishes the California State Board of
Pharmacy to administer and enforce these provisions. The law
authorizes the board to issue a license to an individual to serve as
a designated representative to provide sufficient and qualified
supervision in a wholesaler or veterinary food-animal drug retailer,
as specified, and requires the licensee to 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. The law also defines a correctional pharmacy to mean a
pharmacy, licensed by the board, located within a state correctional
facility, as specified.
This bill would require an individual who applies for a designated
representative license to be at least 18 years of age. The bill
would also revise the definition of a correctional pharmacy to mean a
pharmacy, licensed by the board, located within a correctional
facility, without regard to whether the facility is a state or local
correctional facility.
(7) Existing law, the Licensed Marriage and Family Therapist Act,
provides for the licensure and regulation of marriage and family
therapists by the Board of Behavioral Sciences. Existing law sets
forth the educational and training requirements for licensure as a
marriage and family therapist. Existing law, among other
requirements, requires an applicant for licensure as a marriage and
family therapist to complete 75 hours of client centered advocacy or
face-to-face counseling, as specified.
This bill would authorize an applicant for licensure as a marriage
and family therapist to meet this requirement by completing 75 hours
of client centered advocacy or face-to-face counseling, or any
combination thereof.
(8) Existing law, the Educational Psychologist Practice Act,
provides for the licensure and regulation of educational
psychologists by the Board of Behavioral Sciences. Existing law
authorizes an applicant for examination who has passed the standard
written examination to take a clinical vignette written examination
for licensure if that applicant is the subject of a complaint or
under investigation by the board, as specified.
This bill would eliminate the clinical vignette written
examination for those purposes, and would make conforming changes to
other provisions.
(9) Existing law requires an applicant for licensure as a marriage
and family therapist, clinical social worker, or professional
clinical counselor to participate in and obtain a passing score on a
board-administered California law and ethics examination in order to
qualify for licensure or renewal of a license.
This bill would permit an applicant who holds a registration
eligible for renewal, with an expiration date no later than June 30,
2016, and who applies for renewal of that registration between
January 1, 2016, and June 30, 2016, if eligible, to renew the
registration without first participating in the California law and
ethics examination. The bill would require the applicant to pass that
examination prior to licensure or issuance of a subsequent
registration number. The bill would also permit an applicant who
holds or has held a registration, with an expiration date no later
than January 1, 2017, and who applies for a subsequent registration
number between January 1, 2016, and January 1, 2017, if eligible, to
obtain the subsequent registration number without first passing the
California law and ethics examination, if he or she passes the law
and ethics examination during the next renewal period or prior to
licensure, whichever occurs first.
This bill would make other changes relating to licensure as a
marriage and family therapist, clinical social worker, or
professional clinical counselor.
The bill would also make other technical, conforming, and
clarifying changes.
(10) This bill would incorporate additional changes to Sections
4980.72, 4980.78, 4999.58, 4999.59, and 4999.60 of the Business and
Professions Code proposed by AB 2213, to be operative only if AB 2213
and this bill are both chaptered and become effective on or before
January 1, 2015, and this bill is chaptered last.
(11) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27 of the Business and Professions Code is
amended to read:
27. (a) Each entity specified in subdivisions (c), (d), and (e)
shall provide on the Internet information regarding the status of
every license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code). The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by the entity and
other related enforcement action, including accusations filed
pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code) taken by the entity relative to persons, businesses,
or facilities subject to licensure or regulation by the entity. The
information may not include personal information, including home
telephone number, date of birth, or social security number. Each
entity shall disclose a licensee's address of record. However, each
entity shall allow a licensee to provide a post office box number or
other alternate address, instead of his or her home address, as the
address of record. This section shall not preclude an entity from
also requiring a licensee, who has provided a post office box number
or other alternative mailing address as his or her address of record,
to provide a physical business address or residence address only for
the entity's internal administrative use and not for disclosure as
the licensee's address of record or disclosure on the Internet.
(b) In providing information on the Internet, each entity
specified in subdivisions (c) and (d) shall comply with the
Department of Consumer Affairs' guidelines for access to public
records.
(c) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
(1) The Board for Professional Engineers, Land Surveyors, and
Geologists shall disclose information on its registrants and
licensees.
(2) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
(3) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation shall disclose information on its
licensees and registrants, including major appliance repair dealers,
combination dealers (electronic and appliance), electronic repair
dealers, service contract sellers, and service contract
administrators.
(4) The Cemetery and Funeral Bureau shall disclose information on
its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.
(5) The Professional Fiduciaries Bureau shall disclose information
on its licensees.
(6) The Contractors' State License Board shall disclose
information on its licensees and registrants in accordance with
Chapter 9 (commencing with Section 7000) of Division 3. In addition
to information related to licenses as specified in subdivision (a),
the board shall also disclose information provided to the board by
the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7) The Bureau for Private Postsecondary Education shall disclose
information on private postsecondary institutions under its
jurisdiction, including disclosure of notices to comply issued
pursuant to Section 94935 of the Education Code.
(8) The California Board of Accountancy shall disclose information
on its licensees and registrants.
(9) The California Architects Board shall disclose information on
its licensees, including architects and landscape architects.
(10) The State Athletic Commission shall disclose information on
its licensees and registrants.
(11) The State Board of Barbering and Cosmetology shall disclose
information on its licensees.
(12) The State Board of Guide Dogs for the Blind shall disclose
information on its licensees and registrants.
(13) The Acupuncture Board shall disclose information on its
licensees.
(14) The Board of Behavioral Sciences shall disclose information
on its licensees, including licensed marriage and family therapists,
licensed clinical social workers, licensed educational psychologists,
and licensed professional clinical counselors.
(15) The Dental Board of California shall disclose information on
its licensees.
(16) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.
(17) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
(d) The State Board of Chiropractic Examiners shall disclose
information on its licensees.
(e) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.
(f) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2. Section 655.2 of the Business and Professions Code is
amended to read:
655.2. (a) (1) No physician and surgeon or medical corporation
licensed under Chapter 5 (commencing with Section 2000), nor any
audiologist who is not a licensed dispensing audiologist or hearing
aid dispenser shall employ any individual licensed pursuant to
Article 8 (commencing with Section 2538.10) of Chapter 5.3 for the
purpose of fitting or selling hearing aids.
(2) No individual licensed pursuant to Article 8 (commencing with
Section 2538.10) of Chapter 5.3 shall employ any physician and
surgeon or any audiologist who is not a licensed dispensing
audiologist or hearing aid dispenser, or contract with a medical
corporation licensed under Chapter 5 (commencing with Section 2000),
for the purpose of fitting or selling hearing aids.
(b) This section shall not apply to any physician and surgeon or
medical corporation that contracts with or is affiliated with a
comprehensive group practice health care service plan licensed
pursuant to the Knox-Keene Health Care Service Plan Act, as set forth
in Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code.
SEC. 3. Section 2023.5 of the Business and Professions Code is
amended to read:
2023.5. (a) The board, in conjunction with the Board of
Registered Nursing, and in consultation with the Physician Assistant
Committee and professionals in the field, shall review issues and
problems surrounding the use of laser or intense light pulse devices
for elective cosmetic procedures by physicians and surgeons, nurses,
and physician assistants. The review shall include, but need not be
limited to, all of the following:
(1) The appropriate level of physician supervision needed.
(2) The appropriate level of training to ensure competency.
(3) Guidelines for standardized procedures and protocols that
address, at a minimum, all of the following:
(A) Patient selection.
(B) Patient education, instruction, and informed consent.
(C) Use of topical agents.
(D) Procedures to be followed in the event of complications or
side effects from the treatment.
(E) Procedures governing emergency and urgent care situations.
(b) Nothing in this section shall be construed to modify the
prohibition against the unlicensed practice of medicine.
SEC. 4. Section 2089.5 of the Business and Professions Code is
amended to read:
2089.5. (a) Clinical instruction in the subjects listed in
subdivision (b) of Section 2089 shall meet the requirements of this
section and shall be considered adequate if the requirements of
subdivision (a) of Section 2089 and the requirements of this section
are satisfied.
(b) Instruction in the clinical courses shall total a minimum of
72 weeks in length.
(c) Instruction in the core clinical courses of surgery, medicine,
family medicine, pediatrics, obstetrics and gynecology, and
psychiatry shall total a minimum of 40 weeks in length with a minimum
of eight weeks instruction in surgery, eight weeks in medicine, six
weeks in pediatrics, six weeks in obstetrics and gynecology, a
minimum of four weeks in family medicine, and four weeks in
psychiatry.
(d) Of the instruction required by subdivision (b), including all
of the instruction required by subdivision (c), 54 weeks shall be
performed in a hospital that sponsors the instruction and shall meet
one of the following:
(1) Is a formal part of the medical school or school of
osteopathic medicine.
(2) Has a residency program, approved by the Accreditation Council
for Graduate Medical Education (ACGME) or the Royal College of
Physicians and Surgeons of Canada (RCPSC), in family practice or in
the clinical area of the instruction for which credit is being
sought.
(3) Is formally affiliated with an approved medical school or
school of osteopathic medicine located in the United States or
Canada. If the affiliation is limited in nature, credit shall be
given only in the subject areas covered by the affiliation agreement.
(4) Is formally affiliated with a medical school or a school of
osteopathic medicine located outside the United States or Canada.
(e) If the institution, specified in subdivision (d), is formally
affiliated with a medical school or a school of osteopathic medicine
located outside the United States or Canada, it shall meet the
following:
(1) The formal affiliation shall be documented by a written
contract detailing the relationship between the medical school, or a
school of osteopathic medicine, and hospital and the responsibilities
of each.
(2) The school and hospital shall provide to the board a
description of the clinical program. The description shall be in
sufficient detail to enable the board to determine whether or not the
program provides students an adequate medical education. The board
shall approve the program if it determines that the program provides
an adequate medical education. If the board does not approve the
program, it shall provide its reasons for disapproval to the school
and hospital in writing specifying its findings about each aspect of
the program that it considers to be deficient and the changes
required to obtain approval.
(3) The hospital, if located in the United States, shall be
accredited by the Joint Commission on Accreditation of Hospitals, or
the American Osteopathic Association's Healthcare Facilities
Accreditation Program, and if located in another country, shall be
accredited in accordance with the law of that country.
(4) The clinical instruction shall be supervised by a full-time
director of medical education, and the head of the department for
each core clinical course shall hold a full-time faculty appointment
of the medical school or school of osteopathic medicine and shall be
board certified or eligible, or have an equivalent credential in that
specialty area appropriate to the country in which the hospital is
located.
(5) The clinical instruction shall be conducted pursuant to a
written program of instruction provided by the school.
(6) The school shall supervise the implementation of the program
on a regular basis, documenting the level and extent of its
supervision.
(7) The hospital-based faculty shall evaluate each student on a
regular basis and shall document the completion of each aspect of the
program for each student.
(8) The hospital shall ensure a minimum daily census adequate to
meet the instructional needs of the number of students enrolled in
each course area of clinical instruction, but not less than 15
patients in each course area of clinical instruction.
(9) The board, in reviewing the application of a foreign medical
graduate, may require the applicant to submit a description of the
clinical program, if the board has not previously approved the
program, and may require the applicant to submit documentation to
demonstrate that the applicant's clinical training met the
requirements of this subdivision.
(10) The medical school or school of osteopathic medicine shall
bear the reasonable cost of any site inspection by the board or its
agents necessary to determine whether the clinical program offered is
in compliance with this subdivision.
SEC. 5. Section 2240 of the Business and Professions Code is
amended to read:
2240. (a) A physician and surgeon who performs a medical
procedure outside of a general acute care hospital, as defined in
subdivision (a) of Section 1250 of the Health and Safety Code, that
results in the death of any patient on whom that medical treatment
was performed by the physician and surgeon, or by a person acting
under the physician and surgeon's orders or supervision, shall
report, in writing on a form prescribed by the board, that occurrence
to the board within 15 days after the occurrence.
(b) A physician and surgeon who performs a scheduled medical
procedure outside of a general acute care hospital, as defined in
subdivision (a) of Section 1250 of the Health and Safety Code, that
results in the transfer to a hospital or emergency center for medical
treatment for a period exceeding 24 hours, of any patient on whom
that medical treatment was performed by the physician and surgeon, or
by a person acting under the physician and surgeon's orders or
supervision, shall report, in writing, on a form prescribed by the
board that occurrence, within 15 days after the occurrence. The form
shall contain all of the following information:
(1) Name of the patient's physician in the outpatient setting.
(2) Name of the physician with hospital privileges.
(3) Name of the patient and patient identifying information.
(4) Name of the hospital or emergency center where the patient was
transferred.
(5) Type of outpatient procedures being performed.
(6) Events triggering the transfer.
(7) Duration of the hospital stay.
(8) Final disposition or status, if not released from the
hospital, of the patient.
(9) Physician's practice specialty and ABMS certification, if
applicable.
(c) The form described in subdivision (b) shall be constructed in
a format to enable the physician and surgeon to transmit the
information in paragraphs (5) to (9), inclusive, to the board in a
manner that the physician and surgeon and the patient are anonymous
and their identifying information is not transmitted to the board.
The entire form containing information described in paragraphs (1) to
(9), inclusive, shall be placed in the patient's medical record.
(d) The board shall aggregate the data and publish an annual
report on the information collected pursuant to subdivisions (a) and
(b).
(e) On and after January 1, 2002, the data required in subdivision
(b) shall be sent to the Office of Statewide Health Planning and
Development (OSHPD) instead of the board. OSHPD may revise the
reporting requirements to fit state and national standards, as
applicable. The board shall work with OSHPD in developing the
reporting mechanism to satisfy the data collection requirements of
this section.
(f) The failure to comply with this section constitutes
unprofessional conduct.
SEC. 6. Section 2530.5 of the Business and Professions Code is
amended to read:
2530.5. (a) Nothing in this chapter shall be construed as
restricting hearing testing conducted by licensed physicians and
surgeons or by persons conducting hearing tests under the direct
supervision of a physician and surgeon.
(b) Nothing in this chapter shall be construed to prevent a
licensed hearing aid dispenser from engaging in testing of hearing
and other practices and procedures used solely for the fitting and
selling of hearing aids nor does this chapter restrict persons
practicing their licensed profession and operating within the scope
of their licensed profession or employed by someone operating within
the scope of their licensed professions, including persons fitting
and selling hearing aids who are properly licensed or registered
under the laws of the State of California.
(c) Nothing in this chapter shall be construed as restricting or
preventing the practice of speech-language pathology or audiology by
personnel holding the appropriate credential from the Commission on
Teacher Credentialing as long as the practice is conducted within the
confines of or under the jurisdiction of a public preschool,
elementary, or secondary school by which they are employed and those
persons do not either offer to render or render speech-language
pathology or audiology services to the public for compensation over
and above the salary they receive from the public preschool,
elementary, or secondary school by which they are employed for the
performance of their official duties.
(d) Nothing in this chapter shall be construed as restricting the
activities and services of a student or speech-language pathology
intern in speech-language pathology pursuing a course of study
leading to a degree in speech-language pathology at an accredited or
approved college or university or an approved clinical training
facility, provided that these activities and services constitute a
part of his or her supervised course of study and that those persons
are designated by the title as "speech-language pathology intern,"
"speech-language pathology trainee," or other title clearly
indicating the training status appropriate to his or her level of
training.
(e) Nothing in this chapter shall be construed as restricting the
activities and services of a student or audiology intern in audiology
pursuing a course of study leading to a degree in audiology at an
accredited or approved college or university or an approved clinical
training facility, provided that these activities and services
constitute a part of his or her supervised course of study and that
those persons are designated by the title as "audiology intern,"
"audiology trainee," or other title clearly indicating the training
status appropriate to his or her level of training.
(f) Nothing in this chapter shall be construed as restricting the
practice of an applicant who is obtaining the required professional
experience specified in subdivision (c) of Section 2532.2 and who has
been issued a temporary license pursuant to Section 2532.7. The
number of applicants who may be supervised by a licensed
speech-language pathologist or a speech-language pathologist having
qualifications deemed equivalent by the board shall be determined by
the board. The supervising speech-language pathologist shall register
with the board the name of each applicant working under his or her
supervision, and shall submit to the board a description of the
proposed professional responsibilities of the applicant working under
his or her supervision. The number of applicants who may be
supervised by a licensed audiologist or an audiologist having
qualifications deemed equivalent by the board shall be determined by
the board. The supervising audiologist shall register with the board
the name of each applicant working under his or her supervision, and
shall submit to the board a description of the proposed professional
responsibilities of the applicant working under his or her
supervision.
(g) Nothing in this chapter shall be construed as restricting
hearing screening services in public or private elementary or
secondary schools so long as these screening services are provided by
persons registered as qualified school audiometrists pursuant to
Sections 1685 and 1686 of the Health and Safety Code or hearing
screening services supported by the State Department of Health Care
Services so long as these screening services are provided by
appropriately trained or qualified personnel.
(h) Persons employed as speech-language pathologists or
audiologists by a federal agency shall be exempt from this chapter.
(i) Nothing in this chapter shall be construed as restricting
consultation or the instructional or supervisory activities of a
faculty member of an approved or accredited college or university for
the first 60 days following appointment after the effective date of
this subdivision.
SEC. 7. Section 2532.2 of the Business and Professions Code is
amended to read:
2532.2. Except as required by Section 2532.25, to be eligible for
licensure by the board as a speech-language pathologist or
audiologist, the applicant shall possess all of the following
qualifications:
(a) Possess at least a master's degree in speech-language
pathology or audiology from an educational institution approved by
the board or qualifications deemed equivalent by the board.
(b) (1) Submit evidence of the satisfactory completion of
supervised clinical practice with individuals representative of a
wide spectrum of ages and communication disorders. The board shall
establish by regulation the required number of clock hours, not to
exceed 375 clock hours, of supervised clinical practice necessary for
the applicant.
(2) The clinical practice shall be under the direction of an
educational institution approved by the board.
(c) Submit evidence of no less than 36 weeks of satisfactorily
completed supervised professional full-time experience or 72 weeks of
professional part-time experience obtained under the supervision of
a licensed speech-language pathologist or audiologist or a
speech-language pathologist or audiologist having qualifications
deemed equivalent by the board. This experience shall be evaluated
and approved by the board. The required professional experience shall
follow completion of the requirements listed in subdivisions (a) and
(b). Full time is defined as at least 36 weeks in a calendar year
and a minimum of 30 hours per week. Part time is defined as a minimum
of 72 weeks and a minimum of 15 hours per week.
(d) (1) Pass an examination or examinations approved by the board.
The board shall determine the subject matter and scope of the
examinations and may waive the examination upon evidence that the
applicant has successfully completed an examination approved by the
board. Written examinations may be supplemented by oral examinations
as the board shall determine. An applicant who fails his or her
examination may be reexamined at a subsequent examination upon
payment of the reexamination fee required by this chapter.
(2) A speech-language pathologist or audiologist who holds a
license from another state or territory of the United States or who
holds equivalent qualifications as determined by the board and who
has completed no less than one year of full-time continuous
employment as a speech-language pathologist or audiologist within the
past three years is exempt from the supervised professional
experience in subdivision (c).
(e) As applied to licensure as an audiologist, this section shall
apply to applicants who graduated from an approved educational
institution on or before December 31, 2007.
SEC. 8. Section 2532.7 of the Business and Professions Code is
amended to read:
2532.7. (a) Upon approval of an application filed pursuant to
Section 2532.1, and upon payment of the fee prescribed by Section
2534.2, the board may issue a required professional experience (RPE)
temporary license for a period to be determined by the board to an
applicant who is obtaining the required professional experience
specified in subdivision (c) of Section 2532.2 or paragraph (2) of
subdivision (b) of Section 2532.25.
(b) Effective July 1, 2003, no person shall obtain the required
professional experience for licensure in either an exempt or
nonexempt setting, as defined in Section 2530.5, unless he or she is
licensed in accordance with this section or is completing the final
clinical externship of a board-approved audiology doctoral training
program in accordance with paragraph (2) of subdivision (b) of
Section 2532.25 in another state.
(c) A person who obtains an RPE temporary license outside the
State of California shall not be required to hold a temporary license
issued pursuant to subdivision (a) if the person is completing the
final clinical externship of an audiology doctoral training program
in accordance with paragraph (2) of subdivision (b) of Section
2532.25.
(d) Any experience obtained in violation of this act shall not be
approved by the board.
(e) An RPE temporary license shall terminate upon notice thereof
by certified mail, return receipt requested, if it is issued by
mistake or if the application for permanent licensure is denied.
(f) Upon written application, the board may reissue an RPE
temporary license for a period to be determined by the board to an
applicant who is obtaining the required professional experience
specified in subdivision (c) of Section 2532.2 or paragraph (2) of
subdivision (b) of Section 2532.25.
SEC. 9. Section 2930.5 of the Business and Professions Code is
repealed.
SEC. 10. Section 2936 of the Business and Professions Code is
amended to read:
2936. The board shall adopt a program of consumer and
professional education in matters relevant to the ethical practice of
psychology. The board shall establish as its standards of ethical
conduct relating to the practice of psychology, the "Ethical
Principles of Psychologists and Code of Conduct" published by the
American Psychological Association (APA). Those standards shall be
applied by the board as the accepted standard of care in all
licensing examination development and in all board enforcement
policies and disciplinary case evaluations.
To facilitate consumers in receiving appropriate psychological
services, all licensees and registrants shall be required to post, in
a conspicuous location in their principal psychological business
office, a notice which reads as follows:
"NOTICE TO CONSUMERS: The Department of Consumer Affair's Board of
Psychology receives and responds to questions and complaints
regarding the practice of psychology. If you have questions or
complaints, you may contact the board by email at bopmail@dca.ca.gov,
on the Internet at www.psychology.ca.gov, by calling 1-866-503-3221,
or by writing to the following address:
Board of Psychology
1625 North Market Boulevard, Suite -215
Sacramento,
California 95834"
SEC. 11. Section 2987.3 of the Business and Professions Code is
repealed.
SEC. 12. Section 4021.5 of the Business and Professions Code is
amended to read:
4021.5. "Correctional pharmacy" means a pharmacy, licensed by the
board, located within a correctional facility for the purpose of
providing pharmaceutical care to inmates of the correctional
facility.
SEC. 13. 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 who is at least 18 years of age 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. 14. The heading of Chapter 13 (commencing with Section 4980)
of Division 2 of the Business and Professions Code is amended to
read:
CHAPTER 13. LICENSED MARRIAGE AND FAMILY THERAPISTS
SEC. 15. Section 4980 of the Business and Professions Code is
amended to read:
4980. (a) (1) Many California families and many individual
Californians are experiencing difficulty and distress, and are in
need of wise, competent, caring, compassionate, and effective
counseling in order to enable them to improve and maintain healthy
family relationships.
(2) Healthy individuals and healthy families and healthy
relationships are inherently beneficial and crucial to a healthy
society, and are our most precious and valuable natural resource.
Licensed marriage and family therapists provide a crucial support for
the well-being of the people and the State of California.
(b) No person may engage in the practice of marriage and family
therapy as defined by Section 4980.02, unless he or she holds a valid
license as a marriage and family therapist, or unless he or she is
specifically exempted from that requirement, nor may any person
advertise himself or herself as performing the services of a
marriage, family, child, domestic, or marital consultant, or in any
way use these or any similar titles, including the letters "L.M.F.T."
"M.F.T.," or "M.F.C.C.," or other name, word initial, or symbol in
connection with or following his or her name to imply that he or she
performs these services without a license as provided by this
chapter. Persons licensed under Article 4 (commencing with Section
4996) of Chapter 14 of Division 2, or under Chapter 6.6 (commencing
with Section 2900) may engage in such practice or advertise that they
practice marriage and family therapy but may not advertise that they
hold the marriage and family therapist's license.
SEC. 16. 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 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 Accreditation for Marriage and Family
Therapy Education, or a regional accrediting agency that is
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 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, or a combination thereof:
(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. This coursework shall include instruction on
the assessment and reporting of, as well as treatment related to,
elder and dependent adult abuse and neglect.
(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. 17. Section 4980.37 of the Business and Professions Code is
amended to read:
4980.37. (a) This section shall apply to applicants for licensure
or registration who begin graduate study before August 1, 2012, and
complete that study on or before December 31, 2018. Those applicants
may alternatively qualify under paragraph (2) of subdivision (a) of
Section 4980.36.
(b) To qualify for a license or registration, applicants shall
possess a doctor's or master's degree 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 accredited by a regional accrediting agency that is
recognized by the United States Department of Education or approved
by the Bureau for Private Postsecondary 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. In order to
qualify for licensure pursuant to this section, a doctor's or master'
s degree program shall be a single, integrated program primarily
designed to train marriage and family therapists and shall contain no
less than 48 semester or 72 quarter units of instruction. This
instruction shall include no less than 12 semester units or 18
quarter units of coursework in the areas of marriage, family, and
child counseling, and marital and family systems approaches to
treatment. The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect on individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, abuse
and neglect of older and dependent adults, and geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
(c) (1) In addition to the 12 semester or 18 quarter units of
coursework specified in subdivision (b), the doctor's or master's
degree program shall contain not less than six semester or nine
quarter units of supervised practicum in applied psychotherapeutic
technique, assessments, diagnosis, prognosis, and treatment of
premarital, couple, family, and child relationships, including
dysfunctions, healthy functioning, health promotion, and illness
prevention, in a supervised clinical placement that provides
supervised fieldwork experience within the scope of practice of a
marriage and family therapist.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(d) As an alternative to meeting the qualifications specified in
subdivision (b), the board shall accept as equivalent degrees those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(e) In order to provide an integrated course of study and
appropriate professional training, while allowing for innovation and
individuality in the education of marriage and family therapists, a
degree program that meets the educational qualifications for
licensure or registration under this section shall do all of the
following:
(1) Provide an integrated course of study that trains students
generally in the diagnosis, assessment, prognosis, and treatment of
mental disorders.
(2) Prepare students to be familiar with the broad range of
matters that may arise within marriage and family relationships.
(3) Train students specifically in the application of marriage and
family relationship counseling principles and methods.
(4) Encourage students to develop those personal qualities that
are intimately related to the counseling situation such as integrity,
sensitivity, flexibility, insight, compassion, and personal
presence.
(5) Teach students a variety of effective psychotherapeutic
techniques and modalities that may be utilized to improve, restore,
or maintain healthy individual, couple, and family relationships.
(6) 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.
(7) Prepare students to be familiar with cross-cultural mores and
values, including a familiarity with the wide range of racial and
ethnic backgrounds common among California's population, including,
but not limited to, Blacks, Hispanics, Asians, and Native Americans.
(f) Educational institutions are encouraged to design the
practicum required by this section to include marriage and family
therapy experience in low income and multicultural mental health
settings.
(g) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 18. Section 4980.399 of the Business and Professions Code is
amended to read:
4980.399. (a) Except as provided in subdivision (a) of Section
4980.398, each applicant and registrant shall obtain a passing score
on a board-administered California law and ethics examination in
order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, with an expiration date no later
than June 30, 2016, and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.
(d) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except as provided in
subdivision (e).
(e) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her renewal period on or after the operative date of
this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by this section shall be taken through a board-approved continuing
education provider, a county, state or governmental entity, or a
college or university.
(f) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(g) Notwithstanding subdivision (f), an applicant who holds or has
held a registration, with an expiration date no later than January
1, 2017, and who applies for a subsequent registration number between
January 1, 2016, and January 1, 2017, shall, if eligible, be allowed
to obtain the subsequent registration number without first passing
the California law and ethics examination. These applicants shall
pass the California law and ethics examination during the next
renewal period or prior to licensure, whichever occurs first.
(h) This section shall become operative on January 1, 2016.
SEC. 19. Section 4980.41 of the Business and Professions Code is
amended to read:
4980.41. (a) An applicant for licensure whose education qualifies
him or her under Section 4980.37 shall complete the following
coursework or training in order to be eligible to sit for the
licensing examinations as specified in subdivision (d) of Section
4980.40:
(1) A two semester or three quarter unit course in California law
and professional ethics for marriage and family therapists, which
shall include, but not be limited to, the following areas of study:
(A) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the profession's scope of
practice.
(B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including family law.
(C) The current legal patterns and trends in the mental health
profession.
(D) The psychotherapist-patient privilege, confidentiality, the
patient dangerous to self or others, 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.
This course may be considered as part of the 48 semester or 72
quarter unit requirements contained in Section 4980.37.
(2) 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.
(3) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated
thereunder. When coursework in a master's or doctor's degree program
is acquired to satisfy this requirement, it shall be considered as
part of the 48 semester or 72 quarter unit requirement contained in
Section 4980.37.
(4) For persons who began graduate study on or after January 1,
1986, a master's or doctor's degree qualifying for licensure shall
include specific instruction in alcoholism and other chemical
substance dependency as specified by regulation. When coursework in a
master's or doctor's degree program is acquired to satisfy this
requirement, it shall be considered as part of the 48 semester or 72
quarter unit requirement contained in Section 4980.37. Coursework
required under this paragraph may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course. The applicant may satisfy this requirement by
successfully completing this coursework from a master's or doctoral
degree program at an accredited or approved institution, as described
in subdivision (b) of Section 4980.37, or from a board-accepted
provider of continuing education, as described in Section 4980.54.
(5) For persons who began graduate study during the period
commencing on January 1, 1995, and ending on December 31, 2003, a
master's or doctor's degree qualifying for licensure shall include
coursework in spousal or partner abuse assessment, detection, and
intervention. For persons who began graduate study on or after
January 1, 2004, a master's or doctor's degree qualifying for
licensure shall include a minimum of 15 contact hours of coursework
in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. Coursework required under
this paragraph may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
The applicant may satisfy this requirement by successfully
completing this coursework from a master's or doctoral degree program
at an accredited or approved institution, as described in
subdivision (b) of Section 4980.37, or from a board-accepted provider
of continuing education, as described in Section 4980.54.
(6) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychological testing. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.
(7) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychopharmacology. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.
(8) The requirements added by paragraphs (6) and (7) are intended
to improve the educational qualifications for licensure in order to
better prepare future licentiates for practice and are not intended
in any way to expand or restrict the scope of practice for licensed
marriage and family therapists.
(b) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 20. 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) (A) Not more than 1,300 hours of supervised experience
obtained prior to completing a master's or doctoral degree.
(B) 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. Experience shall not be gained by interns or trainees as
an independent contractor.
(1) If employed, an intern shall provide the board with copies of
the corresponding W-2 tax forms for each year of experience claimed
upon application for licensure.
(2) If volunteering, an intern shall provide the board with a
letter from his or her employer verifying the intern's employment as
a volunteer upon application for licensure.
(c) 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 professional clinical counselor, 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. 21. Section 4980.55 of the Business and Professions Code is
amended to read:
4980.55. As a model for all therapeutic professions, and to
acknowledge respect and regard for the consuming public, all licensed
marriage and family therapists are encouraged to provide to each
client, at an appropriate time and within the context of the
psychotherapeutic relationship, an accurate and informative statement
of the therapist's experience, education, specialities, professional
orientation, and any other information deemed appropriate by the
licensee.
SEC. 22. 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,
2016.
(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. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the date
the applicant initially obtained the license described above.
(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 is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
SEC. 22.5. 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,
2016.
(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 4980.79. 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. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the date
the applicant initially obtained the license described above. 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, if the applicant's degree meets the practicum
requirement described in subparagraph (C) of paragraph (1) of
subdivision (b) of Section 4980.79 without exemptions or remediation.
(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 is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
SEC. 23. Section 4980.78 of the Business and Professions Code is
amended to read:
4980.78. (a) This section applies to persons who apply for
licensure or registration on or after January 1, 2016.
(b) For purposes of Sections 4980.72 and 4980.74, education is
substantially equivalent if all of the following requirements are
met:
(1) The degree is obtained from a school, college, or university
accredited by an accrediting agency that is recognized by the United
States Department of Education and consists of, at a minimum, 48
semester or 72 quarter units, including, but not limited to, both of
the following:
(A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling.
(B) Twelve semester or 18 quarter units in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment, as specified in subparagraph (A) of
paragraph (1) of subdivision (d) of Section 4980.36.
(2) The applicant completes any units and course content
requirements under subdivision (d) of Section 4980.36 not already
completed in his or her education.
(3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.
(B) An understanding of various California cultures and the social
and psychological implications of socioeconomic position.
(C) Structured meeting with various consumers and family members
of consumers of mental health services to enhance understanding of
their experience of mental illness, treatment, and recovery.
(D) Instruction in addiction and co-occurring substance abuse and
mental health disorders, as specified in subparagraph (I) of
paragraph (2) of subdivision (d) of Section 4980.36.
(4) The applicant completes an 18-hour course in California law
and professional ethics. The content of the course shall include, but
not be limited to, advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous patients,
psychotherapist-patient privilege, recordkeeping, patient access to
records, state and federal laws relating to confidentiality of
patient health information, dual relationships, child abuse, elder
and dependent adult abuse, online therapy, insurance reimbursement,
civil liability, disciplinary actions and unprofessional conduct,
ethics complaints and ethical standards, termination of therapy,
standards of care, relevant family law, therapist disclosures to
patients, differences in legal and ethical standards in different
types of work settings, and licensing law and licensing process.
(5) The applicant's degree title need not be identical to that
required by subdivision (b) of Section 4980.36.
SEC. 23.5. Section 4980.78 of the Business and Professions Code is
amended to read:
4980.78. (a) This section applies to persons who apply for
licensure or registration on or after January 1, 2016, and who do not
hold a license as described in Section 4980.72.
(b) For purposes of Section 4980.74, education is substantially
equivalent if all of the following requirements are met:
(1) The degree is obtained from a school, college, or university
accredited by an accrediting agency that is recognized by the United
States Department of Education and consists of, at a minimum, the
following:
(A) (i) For an applicant who obtained his or her degree within the
timeline prescribed by subdivision (a) of Section 4980.36, the
degree shall contain no less than 60 semester or 90 quarter units of
instruction.
(ii) Up to 12 semester or 18 quarter units of instruction may be
remediated, if missing from the degree. The remediation may occur
while the applicant is registered as an intern.
(B) For an applicant who obtained his or her degree within the
timeline prescribed by subdivision (a) of Section 4980.37, the degree
shall contain no less than 48 semester units or 72 quarter units of
instruction.
(C) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling, and an additional 75 hours of either face-to-face
counseling or client-centered advocacy, or a combination of
face-to-face counseling and client-centered advocacy.
(D) Twelve semester or 18 quarter units in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment, as specified in subparagraph (A) of
paragraph (1) of subdivision (d) of Section 4980.36.
(2) The applicant shall complete coursework in California law and
ethics as follows:
(A) An applicant who completed a course in law and professional
ethics for marriage and family therapists as specified in paragraph
(7) of subdivision (a) of Section 4980.81, that did not contain
instruction in California law and ethics, shall complete an 18-hour
course in California law and professional ethics. The content of the
course shall include, but not be limited to, advertising, scope of
practice, scope of competence, treatment of minors, confidentiality,
dangerous patients, psychotherapist-patient privilege, recordkeeping,
patient access to records, state and federal laws relating to
confidentiality of patient health information, dual relationships,
child abuse, elder and dependent adult abuse, online therapy,
insurance reimbursement, civil liability, disciplinary actions and
unprofessional conduct, ethics complaints and ethical standards,
termination of therapy, standards of care, relevant family law,
therapist disclosures to patients, differences in legal and ethical
standards in different types of work settings, and licensing law and
licensing process. This coursework shall be completed prior to
registration as an intern.
(B) An applicant who has not completed a course in law and
professional ethics for marriage and family therapists as specified
in paragraph (7) of subdivision (a) of Section 4980.81 shall complete
this required coursework. The coursework shall contain content
specific to California law and ethics. This coursework shall be
completed prior to registration as an intern.
(3) The applicant completes the educational requirements specified
in Section 4980.81 not already completed in his or her education.
The coursework may be from an accredited school, college, or
university as specified in paragraph (1), from an educational
institution approved by the Bureau for Private Postsecondary
Education, or from a continuing education provider that is acceptable
to the board as defined in Section 4980.54. Undergraduate courses
shall not satisfy this requirement.
(4) The applicant completes the following coursework not already
completed in his or her education from an accredited school, college,
or university as specified in paragraph (1) from an educational
institution approved by the Bureau for Private Postsecondary
Education, or from a continuing education provider that is acceptable
to the board as defined in Section 4980.54. Undergraduate courses
shall not satisfy this requirement.
(A) At least three semester units, or 45 hours, of instruction
regarding the principles of mental health recovery-oriented care and
methods of service
delivery in recovery-oriented practice environments, including
structured meetings with various consumers and family members of
consumers of mental health services to enhance understanding of their
experience of mental illness, treatment, and recovery.
(B) At least one semester unit, or 15 hours, of instruction that
includes an understanding of various California cultures and the
social and psychological implications of socioeconomic position.
(5) An applicant may complete any units and course content
requirements required under paragraphs (3) and (4) not already
completed in his or her education while registered as an intern,
unless otherwise specified.
(6) The applicant's degree title need not be identical to that
required by subdivision (b) of Section 4980.36.
SEC. 24. Section 4987.5 of the Business and Professions Code is
amended to read:
4987.5. A marriage and family therapy corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are licensed marriage and family
therapists, physicians and surgeons, psychologists, licensed
professional clinical counselors, licensed clinical social workers,
registered nurses, chiropractors, or acupuncturists are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code), this article, and any other statute or regulation
pertaining to that corporation and the conduct of its affairs. With
respect to a marriage and family therapy corporation, the
governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the Board of Behavioral Sciences.
SEC. 25. Section 4989.16 of the Business and Professions Code is
amended to read:
4989.16. (a) A person appropriately credentialed by the
Commission on Teacher Credentialing may perform the functions
authorized by that credential in a public school without a license
issued under this chapter by the board.
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw the Medical Practice Act (Chapter 5 (commencing
with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)), the Psychology Licensing Law (Chapter 6.6
(commencing with Section 2900)), the Licensed Marriage and Family
Therapist Practice Act (Chapter 13 (commencing with Section 4980)),
the Clinical Social Worker Practice Act (Chapter 14 (commencing with
Section 4991)), or the Licensed Professional Clinical Counselor Act
(Chapter 16 (commencing with Section 4999.10)).
SEC. 26. Section 4989.22 of the Business and Professions Code is
amended to read:
4989.22. (a) Only persons who satisfy the requirements of Section
4989.20 are eligible to take the licensure examination.
(b) An applicant who fails the written examination may, within one
year from the notification date of failure, retake the examination
as regularly scheduled without further application. Thereafter, the
applicant shall not be eligible for further examination until he or
she files a new application, meets all current requirements, and pays
all fees required.
(c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years after the date of an
examination.
(d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the written examination, nor
shall the board postpone or delay any applicant's written examination
or delay informing the candidate of the results of the written
examination, solely upon the receipt by the board of a complaint
alleging acts or conduct that would constitute grounds to deny
licensure.
(e) Notwithstanding Section 135, the board may deny any applicant
who has previously failed the written examination permission to
retake the examination pending completion of the investigation of any
complaint against the applicant. Nothing in this section shall
prohibit the board from denying an applicant admission to any
examination, withholding the results, or refusing to issue a license
to any applicant when an accusation or statement of issues has been
filed against the applicant pursuant to Section 11503 or 11504 of the
Government Code, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
SEC. 27. Section 4992.09 of the Business and Professions Code is
amended to read:
4992.09. (a) Except as provided in subdivision (a) of Section
4992.07, an applicant and registrant shall obtain a passing score on
a board-administered California law and ethics examination in order
to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, with an expiration date no later
than June 30, 2016, and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.
(d) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except for as provided
in subdivision (e).
(e) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her renewal period on or after the operative date of
this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by this section shall be taken through a board-approved continuing
education provider, a county, state or governmental entity, or a
college or university.
(f) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(g) Notwithstanding subdivision (f), an applicant who holds or has
held a registration, with an expiration date no later than January
1, 2017, and who applies for a subsequent registration number between
January 1, 2016, and January 1, 2017, shall, if eligible, be allowed
to obtain the subsequent registration number without first passing
the California law and ethics examination. These applicants shall
pass the California law and ethics examination during the next
renewal period or prior to licensure, whichever occurs first.
(h) This section shall become operative on January 1, 2016.
SEC. 28. Section 4996.17 of the Business and Professions Code is
amended to read:
4996.17. (a) (1) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially
the equivalent of the requirements of this chapter.
(2) Commencing January 1, 2014, an applicant with education gained
outside of California shall complete an 18-hour course in California
law and professional ethics. The content of the course shall
include, but not be limited to, the following: advertising, scope of
practice, scope of competence, treatment of minors, confidentiality,
dangerous patients, psychotherapist-patient privilege, recordkeeping,
patient access to records, state and federal laws related to
confidentiality of patient health information, dual relationships,
child abuse, elder and dependent adult abuse, online therapy,
insurance reimbursement, civil liability, disciplinary actions and
unprofessional conduct, ethics complaints and ethical standards,
termination of therapy, standards of care, relevant family law,
therapist disclosures to patients, differences in legal and ethical
standards in different types of work settings, and licensing law and
process.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes, or has passed, the
licensing examinations as specified in Section 4996.1 and pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) 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.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) Commencing January 1, 2014, completion of an 18-hour course in
California law and professional ethics. The content of the course
shall include, but not be limited to, the following: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, state and
federal laws related to confidentiality of patient health
information, dual relationships, child abuse, elder and dependent
adult abuse, online therapy, insurance reimbursement, civil
liability, disciplinary actions and unprofessional conduct, ethics
complaints and ethical standards, termination of therapy, standards
of care, relevant family law, therapist disclosures to patients,
differences in legal and ethical standards in different types of work
settings, and licensing law and process.
(4) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(5) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(6) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(7) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, holds a valid, active clinical social work license
issued by a board of clinical social work examiners or a
corresponding authority of any state, if the person has held that
license for at least four years immediately preceding the date of
application, the person passes, or has passed, the licensing
examinations as specified in Section 4996.1, and the person pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) Completion of the following coursework or training in or out
of state:
(A) 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.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) Commencing January 1, 2014, completion of an 18-hour course in
California law and professional ethics. The content of the course
shall include, but not be limited to, the following: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, state and
federal laws related to confidentiality of patient health
information, dual relationships, child abuse, elder and dependent
adult abuse, online therapy, insurance reimbursement, civil
liability, disciplinary actions and unprofessional conduct, ethics
complaints and ethical standards, termination of therapy, standards
of care, relevant family law, therapist disclosures to patients,
differences in legal and ethical standards in different types of work
settings, and licensing law and process.
(3) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(4) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(5) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(6) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(7) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(d) Commencing January 1, 2016, 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
specified in Section 4996.1 if the applicant obtained a passing score
on the licensing examination set forth in regulation as accepted by
the board.
SEC. 29. 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 professional clinical
counselor, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.
(i) 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.
(j) 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.
(k) While an associate may be either a paid employee or volunteer,
employers are encouraged to provide fair remuneration to associates.
(l) 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.
(m) 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.
(n) 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. 30. Section 4998 of the Business and Professions Code is
amended to read:
4998. A licensed clinical social worker corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are licensed clinical social
workers, physicians and surgeons, psychologists, licensed
professional clinical counselors, licensed marriage and family
therapists, registered nurses, chiropractors, or acupuncturists are
in compliance with the Moscone-Knox Professional Corporation Act
(Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code), this article, and all other statutes and
regulations now or hereafter enacted or adopted pertaining to that
corporation and the conduct of its affairs. With respect to a
licensed clinical social worker corporation, the governmental agency
referred to in the Moscone-Knox Professional Corporation Act is the
Board of Behavioral Sciences.
SEC. 31. 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 participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, with an expiration date no later
than June 30, 2016, and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.
(d) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application, except as provided in
subdivision (e).
(e) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her renewal period on or after the operative date of
this section, he or she shall complete, at minimum, a 12-hour course
in California law and ethics in order to be eligible to participate
in the California law and ethics examination. Registrants shall only
take the 12-hour California law and ethics course once during a
renewal period. The 12-hour law and ethics course required by this
section shall be taken through a board-approved continuing education
provider, a county, state, or governmental entity, or a college or
university.
(f) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(g) Notwithstanding subdivision (f), an applicant who holds or has
held a registration, with an expiration date no later than January
1, 2017, and who applies for a subsequent registration number between
January 1, 2016, and January 1, 2017, shall, if eligible, be allowed
to obtain the subsequent registration number without first passing
the California law and ethics examination. These applicants shall
pass the California law and ethics examination during the next
renewal period or prior to licensure, whichever occurs first.
(h) This section shall become operative January 1, 2016.
SEC. 32. Section 4999.58 of the Business and Professions Code is
amended to read:
4999.58. (a) This section applies to a person who applies for
examination eligibility between January 1, 2011, and December 31,
2015, inclusive, and who meets both of the following requirements:
(1) At the time of application, holds a valid license as a
professional clinical counselor, or other counseling license that
allows the applicant to independently provide clinical mental health
services, in another jurisdiction of the United States.
(2) Has held the license described in paragraph (1) for at least
two years immediately preceding the date of application.
(b) The board may issue a license to a person described in
subdivision (a) if all of the following requirements are satisfied:
(1) The education and supervised experience requirements of the
other jurisdiction are substantially the equivalent of this chapter,
as described in subdivision (e) and in Section 4999.46.
(2) The person complies with subdivision (b) of Section 4999.40,
if applicable.
(3) The person successfully completes the examinations required by
the board pursuant to paragraph (3) of subdivision (a) of Section
4999.50. An applicant who obtained his or her license or registration
under another jurisdiction by taking a national examination that is
required by the board may apply for licensure with the board without
retaking that examination if both of the following conditions are
met:
(A) The applicant obtained a passing score on
the national licensing examination that is required 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 is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
(4) The person pays the required fees.
(c) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter. The board shall consider hours of
experience obtained in another state during the six-year period
immediately preceding the applicant's initial licensure by that state
as a licensed professional clinical counselor.
(d) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, which includes, in addition to
the course described in subparagraph (I) of paragraph (1) of
subdivision (c) of Section 4999.32, an 18-hour course in California
law and professional ethics for professional clinical counselors.
(e) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(f) This section shall become inoperative on January 1, 2016, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2016, deletes or extends that date.
SEC. 32.5. Section 4999.58 of the Business and Professions Code is
amended to read:
4999.58. (a) This section applies to a person who applies for
examination eligibility between January 1, 2011, and December 31,
2015, inclusive, and who meets both of the following requirements:
(1) At the time of application, holds a valid license as a
professional clinical counselor, or other counseling license that
allows the applicant to independently provide clinical mental health
services, in another jurisdiction of the United States.
(2) Has held the license described in paragraph (1) for at least
two years immediately preceding the date of application.
(b) The board may issue a license to a person described in
subdivision (a) if all of the following requirements are satisfied:
(1) The education and supervised experience requirements of the
other jurisdiction are substantially the equivalent of this chapter,
as described in subdivision (e) and in Section 4999.46.
(2) The person complies with subdivision (b) of Section 4999.40,
if applicable.
(3) The person successfully completes the examinations required by
the board pursuant to paragraph (3) of subdivision (a) of Section
4999.50. An applicant who obtained his or her license or registration
under another jurisdiction by taking a national examination that is
required by the board may apply for licensure with the board without
retaking that examination if both of the following conditions are
met:
(A) The applicant obtained a passing score on the national
licensing examination that is required 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 is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
(4) The person pays the required fees.
(c) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter. The board shall consider hours of
experience obtained in another state during the six-year period
immediately preceding the applicant's initial licensure by that state
as a licensed professional clinical counselor. If the applicant has
less than 3,000 hours of qualifying supervised experience, time
actively licensed as a licensed professional clinical counselor shall
be accepted at a rate of 100 hours per month up to a maximum of
1,200 hours.
(d) (1) Education gained while residing outside of California
shall be accepted toward the licensure requirements if it is
substantially equivalent to the education requirements of this
chapter, and if the applicant has completed the training or
coursework required under subdivision (e) of Section 4999.32.
(2) An applicant who completed a course that meets the
requirements of subparagraph (I) of paragraph (1) of subdivision (c)
of Section 4999.32, and that included instruction in California law
and ethics, is exempt from taking the 18-hour course specified in
paragraph (6) of subdivision (e) of Section 4999.32.
(e) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(f) This section shall become inoperative on January 1, 2016, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2016, deletes or extends that date.
SEC. 33. Section 4999.59 of the Business and Professions Code is
amended to read:
4999.59. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2015, inclusive, who meets both of the following
requirements:
(1) At the time of application, holds a valid license described in
paragraph (1) of subdivision (a) of Section 4999.58.
(2) Has held the license described in paragraph (1) for less than
two years immediately preceding the date of application.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board. The
board shall consider hours of experience obtained in another state
during the six-year period immediately preceding the applicant's
initial licensure in that state as a professional clinical counselor.
(c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, which includes, in addition to
the course described in subparagraph (I) of paragraph (1) of
subdivision (c) of Section 4999.32, an 18-hour course in California
law and professional ethics for professional clinical counselors.
(d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(e) An applicant who obtained his or her license or registration
under another jurisdiction by taking a national examination that is
required by the board may apply for licensure with the board without
retaking that examination if both of the following conditions are
met:
(1) The applicant obtained a passing score on the national
licensing examination that is required by the board.
(2) The applicant's license or registration in that jurisdiction
is in good standing at the time of his or her application and is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
(f) This section shall become inoperative on January 1, 2016, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2016, deletes or extends that date.
SEC. 33.5. Section 4999.59 of the Business and Professions Code is
amended to read:
4999.59. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2015, inclusive, who meets both of the following
requirements:
(1) At the time of application, holds a valid license described in
paragraph (1) of subdivision (a) of Section 4999.58.
(2) Has held the license described in paragraph (1) for less than
two years immediately preceding the date of application.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board. The
board shall consider hours of experience obtained in another state
during the six-year period immediately preceding the applicant's
initial licensure in that state as a professional clinical counselor.
If the applicant has less than 3,000 hours of qualifying supervised
experience, time actively licensed as a licensed professional
clinical counselor shall be accepted at a rate of 100 hours per month
up to a maximum of 1,200 hours.
(c) (1) Education gained while residing outside of California
shall be accepted toward the licensure requirements if it is
substantially equivalent to the education requirements of this
chapter, and if the applicant has completed the training or
coursework required under subdivision (e) of Section 4999.32.
(2) An applicant who completed a course that meets the
requirements of subparagraph (I) of paragraph (1) of subdivision (c)
of Section 4999.32, and that included instruction in California law
and ethics, is exempt from taking the 18-hour course specified in
paragraph (6) of subdivision (e) of Section 4999.32.
(d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(e) An applicant who obtained his or her license or registration
under another jurisdiction by taking a national examination that is
required by the board may apply for licensure with the board without
retaking that examination if both of the following conditions are
met:
(1) The applicant obtained a passing score on the national
licensing examination that is required by the board.
(2) The applicant's license or registration in that jurisdiction
is in good standing at the time of his or her application and is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
(f) This section shall become inoperative on January 1, 2016, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2016, deletes or extends that date.
SEC. 34. 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, 2016.
(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 4999.63.
(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. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the date
the applicant initially obtained the license described above.
(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 is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
SEC. 34.5. 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, 2016.
(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 4999.63.
(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. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the date
the applicant initially obtained the license described above. 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 if the applicant's degree meets the practicum
requirement described in subparagraph (C) of paragraph (1) of
subdivision (b) of Section 4999.63 without exemptions or remediation.
(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 is not
revoked, suspended, surrendered, denied, or otherwise restricted or
encumbered.
SEC. 35. Section 4999.123 of the Business and Professions Code is
amended to read:
4999.123. A professional clinical counselor corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
who are rendering professional services and who are licensed
professional clinical counselors, licensed marriage and family
therapists, physicians and surgeons, psychologists, licensed clinical
social workers, registered nurses, chiropractors, or acupuncturists,
are in compliance with the Moscone-Knox Professional Corporation Act
(Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code), this article, and any other statute or
regulation pertaining to that corporation and the conduct of its
affairs. With respect to a professional clinical counselor
corporation, the term "governmental agency" in the Moscone-Knox
Professional Corporation Act (Part 4 (commencing with Section 13400)
of Division 3 of Title 1 of the Corporations Code) shall be construed
to mean the Board of Behavioral Sciences.
SEC. 36. Section 14132.55 of the Welfare and Institutions Code is
amended to read:
14132.55. For the purposes of reimbursement under the Medi-Cal
program, a speech pathologist or audiologist shall be licensed by the
Speech-Language Pathology and Audiology Examining Committee of the
Medical Board of California or similarly licensed by a comparable
agency in the state in which he or she practices. Licensed
speech-language pathologists or licensed audiologists are authorized
to utilize and shall be reimbursed for the services of those
personnel in the process of completing requirements under the
provisions of subdivision (c) of Section 2532.2 of the Business and
Professions Code.
SEC. 37. Section 22.5 of this bill incorporates amendments to
Section 4980.72 of the Business and Professions Code proposed by both
this bill and Assembly Bill 2213. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 4980.72 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
2213, in which case Section 22 of this bill shall not become
operative.
SEC. 38. Section 23.5 of this bill incorporates amendments to
Section 4980.78 of the Business and Professions Code proposed by both
this bill and Assembly Bill 2213. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 4980.78 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
2213, in which case Section 23 of this bill shall not become
operative.
SEC. 39. Section 32.5 of this bill incorporates amendments to
Section 4999.58 of the Business and Professions Code proposed by both
this bill and Assembly Bill 2213. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 4999.58 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
2213, in which case Section 32 of this bill shall not become
operative.
SEC. 40. Section 33.5 of this bill incorporates amendments to
Section 4999.59 of the Business and Professions Code proposed by both
this bill and Assembly Bill 2213. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 4999.59 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
2213, in which case Section 33 of this bill shall not become
operative.
SEC. 41. Section 34.5 of this bill incorporates amendments to
Section 4999.60 of the Business and Professions Code proposed by both
this bill and Assembly Bill 2213. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 4999.60 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
2213, in which case Section 34 of this bill shall not become
operative.
SEC. 42. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
