Bill Text: CA SB1527 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Board of Behavioral Sciences: licensing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-29 - Chaptered by Secretary of State. Chapter 800, Statutes of 2012. [SB1527 Detail]

Download: California-2011-SB1527-Introduced.html

---

BILL NUMBER: SB 1527	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 24, 2012

   An act to amend Section 4996.18 of, and to amend and repeal
Section 4996.17 of, the Business and Professions Code, relating to
social workers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1527, as introduced, Negrete McLeod. Social workers: licensing.

   Existing law, the Clinical Social Worker Practice Act, provides
for the licensure and regulation of social workers by the Board of
Behavioral Sciences. Existing law requires the board to issue a
clinical social worker license to each applicant from another state
who satisfies specified educational and other requirements and
successfully passes examinations administered by the board.
   This bill would add the requirement that, commencing January 1,
2013, in order for the board to issue a clinical social worker
license to an applicant from another state, the applicant shall also
complete an 18-hour course in California law and professional ethics,
as specified. The bill would repeal related provisions made obsolete
by the repeal of Section 4996.1 of the Business and Professions
Code, as added by Section 4 of AB 2167 of the 2009-10 Regular
Session.
   Existing law requires a person who wishes to be credited with
experience toward license requirements to register with the board as
an associate clinical social worker. Existing law requires an
applicant for registration to satisfy certain requirements.
   This bill would add the requirement for completion of training or
coursework in California law and professional ethics, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4996.17 of the Business and Professions Code,
as amended by Section 53.5 of Chapter 653 of the Statutes of 2010, is
amended to read:
   4996.17.  (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
   (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 the board administered
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, 2013, 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, the federal
Health Insurance Portability and Accountability Act, 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) 
    (4)  The applicant's license is not suspended, revoked,
restricted, sanctioned, or voluntarily surrendered in any state.

   (4) 
    (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. 
   (5) 
    (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. 
   (6) 
    (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 the board administered 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, 2013, 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, the federal
Health Insurance Portability and Accountability Act, 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.  
   (2) 
    (3)  The applicant has been licensed as a clinical
social worker continuously for a minimum of four years prior to the
date of application. 
   (3) 
    (4)  The applicant's license is not suspended, revoked,
restricted, sanctioned, or voluntarily surrendered in any state.

   (4) 
    (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. 
   (5) 
    (6)  The applicant provides a certification from each
state where he or she holds a license pertaining to licensure,
disciplinary action, and complaints pending. 
   (6) 
    (7)  The applicant is not subject to denial of licensure
under Section 480, 4992.3, 4992.35, or 4992.36. 
   (d) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of Assembly Bill No. 2167 of the
2009-10 Regular Session, becomes operative.  
   (e) This section is repealed as of the January 1 following the
date that it becomes inoperative. 
  SEC. 2.  Section 4996.17 of the Business and Professions Code, as
added by Section 10 of Chapter 546 of the Statutes of 2010, is
repealed. 
   4996.17.  (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
   (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
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) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
   (4) 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.
   (5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
   (6) 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, has held a valid, active clinical social work license
for a minimum of four years, issued by a board of clinical social
work examiners or a corresponding authority of any state, if the
person passes or has passed the examinations as specified in Section
4996.1 and 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) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
   (3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
   (4) 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.
   (5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
   (6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
   (d) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative. 
  SEC. 3.  Section 4996.17 of the Business and Professions Code, as
added by Section 53.7 of Chapter 653 of the Statutes of 2010, is
repealed. 
   4996.17.  (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
   (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
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) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
   (4) 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.
   (5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
   (6) 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 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) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
   (3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
   (4) 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.
   (5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
   (6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
   (d) This section shall become operative on the date that Section
4996.1, as added by Section 4 of Assembly Bill No. 2167 of the
2009-10 Regular Session, becomes operative. 
  SEC. 4.  Section 4996.18 of the Business and Professions Code is
amended to read:
   4996.18.  (a) A person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board.
   (b) An applicant for registration shall satisfy the following
requirements:
   (1) Possess a master's degree from an accredited school or
department of social work.
   (2) Have committed no crimes or acts constituting grounds for
denial of licensure under Section 480. 
   (3) Commencing January 1, 2013, have completed training or
coursework in California law and professional ethics for clinical
social workers, including instruction in all of the following areas
of study:  
   (A) Contemporary professional ethics and statutes, regulations,
and court decisions that delineate the scope of practice of clinical
social work.  
   (B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of clinical social work,
including, but not limited to, family law.  
   (C) The current legal patterns and trends in the mental health
professions.  
   (D) The psychotherapist-patient privilege, confidentiality,
dangerous patients, and the treatment of minors with and without
parental consent.  
   (E) A recognition and exploration of the relationship between a
practitioner's sense of self and human values, and his or her
professional behavior and ethics.  
   (F) Differences in legal and ethical standards for different types
of work settings.  
   (G) Licensing law and process. 
   (c) An applicant who possesses a master's degree from a school or
department of social work that is a candidate for accreditation by
the Commission on Accreditation of the Council on Social Work
Education shall be eligible, and shall be required, to register as an
associate clinical social worker in order to gain experience toward
licensure if the applicant has not committed any crimes or acts that
constitute grounds for denial of licensure under Section 480. That
applicant shall not, however, be eligible for examination until the
school or department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.

   (d) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
   (e) An applicant who possesses a master's degree from an
accredited school or department of social work shall be able to apply
experience the applicant obtained during the time the accredited
school or department was in candidacy status by the Commission on
Accreditation of the Council on Social Work Education toward the
licensure requirements, if the experience meets the requirements of
Section 4996.23. This subdivision shall apply retroactively to
persons who possess a master's degree from an accredited school or
department of social work and who obtained experience during the time
the accredited school or department was in candidacy status by the
Commission on Accreditation of the Council on Social Work Education.
   (f) An applicant for registration or licensure trained in an
educational institution outside the United States shall demonstrate
to the satisfaction of the board that he or she possesses a master's
of social work degree that is equivalent to a master's degree issued
from a school or department of social work that is accredited by the
Commission on Accreditation of the Council on Social Work Education.
These applicants shall provide the board with a comprehensive
evaluation of the degree and shall provide any other documentation
the board deems necessary. The board has the authority to make the
final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements regardless of
evaluation or accreditation.
   (g) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
   (h) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.