Bill Text: CA SB1527 | 2011-2012 | Regular Session | Amended
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-Amended.html
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-Amended.html
BILL NUMBER: SB 1527 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 24, 2012
An act to amend Section Sections 4980.50,
4980.72, 4992.1, 4996.18 , 4999.52, 4999.58, 4999.59, and
4999.60 of, and to amend and repeal Section
4996.17 of, and to repeal Section 4999.63 of, the Business
and Professions Code, relating to social workers
the Board of Behavioral Sciences .
LEGISLATIVE COUNSEL'S DIGEST
SB 1527, as amended, Negrete McLeod. Social workers:
licensing. Board of Behavioral Sciences: licensing.
Existing law, the Marriage and Family Therapist Act, provides for
the licensing and regulation of marriage and family therapists by the
Board of Behavioral Sciences. Existing law authorizes the board to
issue a license to a person who holds a license from another
jurisdiction under certain conditions, including a requirement for
the person to pass the examinations otherwise required of an
applicant.
This bill would require the licensee from another jurisdiction to
be in good standing. The bill would require the person to pass the
California law and ethics examination, but would exempt the person
from the clinical examination if the person has previously obtained a
passing score on an examination accepted by the board, as provided
by a regulation adopted by the board. The bill would provide that a
passing score on the clinical examination shall be accepted by the
board for a period of 7 years after the examination date.
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 exempt an applicant licensed by another
jurisdiction from the clinical examination if the person has
previously obtained a passing score on an examination accepted by the
board, pursuant to a regulation adopted by the board. The bill would
provide that a passing score on the clinical examination
shall be accepted by the board for a period of 7 years after the
examination date. The 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.
Existing law, the Licensed Professional Clinical Counselor Act,
provides for licensing and regulation of professional clinical
counselors by the Board of Behavioral Sciences. Existing law
authorizes the board to issue a license to a person who holds a
license from another jurisdiction under certain conditions, including
a requirement for the person to pass the examinations otherwise
required of an applicant.
This bill would exempt the person from the clinical examination if
the person has previously obtained a passing score on an examination
accepted by the board, as provided by a regulation adopted by the
board. The bill would provide that a passing score on the clinical
examination shall be accepted by the board for a period of 7 years
after the examination date.
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 4980.50 of the
Business and Professions Code , as added by Section 8
of Chapter 387 of the Statutes of 2011, is amended to
read:
4980.50. Effective January 1, 2013, the following shall apply:
(a) Every applicant who meets the educational and experience
requirements and applies for a license as a marriage and family
therapist shall be examined by the board. The examinations shall be
as set forth in subdivision (d) of Section 4980.40. The examinations
shall be given at least twice a year at a time and place and under
supervision as the board may determine. The board shall examine the
candidate with regard to his or her knowledge and professional skills
and his or her judgment in the utilization of appropriate techniques
and methods.
(b) The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
(c) The board shall not deny any applicant, whose application for
licensure is complete, admission to the clinical examination, nor
shall the board postpone or delay any applicant's clinical
examination or delay informing the candidate of the results of the
clinical examination, solely upon the receipt by the board of a
complaint alleging acts or conduct that would constitute grounds to
deny licensure.
(d) If an applicant for examination who has passed the California
law and ethics examination is the subject of a complaint or is under
board investigation for acts or conduct that, if proven to be true,
would constitute grounds for the board to deny licensure, the board
shall permit the applicant to take the clinical examination for
licensure, but may withhold the results of the examination or notify
the applicant that licensure will not be granted pending completion
of the investigation.
(e) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the California law and ethics
examination or the clinical examination permission to retake either
examination pending completion of the investigation of any complaints
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 Sections 11503 and 11504 of the
Government Code, respectively, or the applicant has been denied in
accordance with subdivision (b) of Section 485.
(f) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(g) Effective January 1, 2013, no applicant shall be eligible to
participate in the clinical examination if he or she fails to obtain
a passing score on the clinical examination within seven years from
his or her initial attempt, unless he or she takes and obtains a
passing score on the current version of the California law and ethics
examination.
(h) A passing score on the clinical examination shall be accepted
by the board for a period of seven years from the date the
examination was taken.
(h)
(i) An applicant who has qualified pursuant to this
chapter shall be issued a license as a marriage and family therapist
in the form that the board may deem appropriate.
(i)
(j) This section shall become operative on January 1,
2013.
SEC. 2. Section 4980.72 of the Business
and Professions Code is amended to read:
4980.72. (a) This section applies to persons who are licensed
outside of California and apply for licensure on or after January 1,
2014.
(b) The board may issue a license to a person who, at the time of
submitting an application for a license pursuant to this chapter,
holds a valid license in good standing issued by a board
of marriage counselor examiners, board of marriage and family
therapists, or corresponding authority, of any state or country, if
all of the following conditions are satisfied:
(1) The applicant's education is substantially equivalent, as
defined in Section 4980.78. The applicant's degree title need not be
identical to that required by Section 4980.36 or 4980.37.
(2) The applicant complies with Section 4980.76, if applicable.
(3) The applicant's supervised experience is substantially
equivalent to that required for a license under this chapter. 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 California law and
ethics examination .
(5) The applicant passes a clinical examination designated by the
board. An applicant who obtained his or her license or registration
under another jurisdiction may apply for licensure with the board
without taking the clinical examination if both of the following
conditions are met:
(A) The applicant obtained a passing score on the licensing
examination set forth in regulation as accepted by the board.
(B) The applicant's license or registration in that jurisdiction
is in good standing at the time of his or her application and has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.
SEC. 3. Section 4992.1 of the Business
and Professions Code , as added by Section 19
of Chapter 387 of the Statutes of 2011, is amended to read:
4992.1. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take an
examination under this chapter.
(b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
(c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the clinical examination, nor
shall the board postpone or delay any applicant's clinical
examination or delay informing the candidate of the results of the
clinical examination, solely upon the receipt by the board of a
complaint alleging acts or conduct that would constitute grounds to
deny licensure.
(e) If an applicant for examination who has passed the California
law and ethics examination is the subject of a complaint or is under
board investigation for acts or conduct that, if proven to be true,
would constitute grounds for the board to deny licensure, the board
shall permit the applicant to take the clinical examination for
licensure, but may withhold the results of the examination or notify
the applicant that licensure will not be granted pending completion
of the investigation.
(f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the California law and ethics
examination or the clinical examination permission to retake either
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.
(g) Effective January 1, 2013, no applicant shall be eligible to
participate in the clinical examination if he or she fails to obtain
a passing score on the clinical examination within seven years from
his or her initial attempt, unless he or she takes and obtains a
passing score on the current version of the California law and ethics
examination.
(h) A passing score on the clinical examination shall be accepted
by the board for a period of seven years from the date the
examination was taken.
(h)
(i) This section shall become operative on January 1,
2013.
SECTION 1. SEC. 4. 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 , or has passed,
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
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
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
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) 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. 2. SEC. 5. Section 4996.17 of
the Business and Professions Code, as added by Section 10 of Chapter
546 of the Statutes of 2010, is repealed.
SEC. 3. SEC. 6. 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.
SEC. 4. SEC. 7. 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.
SEC. 8. Section 4999.52 of the Business
and Professions Code , as added by Section 39
of Chapter 387 of the Statutes of 2011, is amended to read:
4999.52. (a) Except as provided in Sections
Section 4999.54 and 4999.56 , every
applicant for a license as a professional clinical counselor shall be
examined by the board. The board shall examine the candidate with
regard to his or her knowledge and professional skills and his or her
judgment in the utilization of appropriate techniques and methods.
(b) The examinations shall be given at least twice a year at a
time and place and under supervision as the board may determine.
(c) The board shall not deny any applicant who has submitted a
complete application for examination admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
(d) The board shall not deny any applicant whose application for
licensure is complete admission to the examinations specified by
paragraph (2) of subdivision (a) of Section 4999.53, nor shall the
board postpone or delay this examination for any applicant or delay
informing the candidate of the results of this examination, solely
upon the receipt by the board of a complaint alleging acts or conduct
that would constitute grounds to deny licensure.
(e) If an applicant for the examination specified by paragraph (2)
of subdivision (a) of Section 4999.53, who has passed the California
law and ethics examination, is the subject of a complaint or is
under board investigation for acts or conduct that, if proven to be
true, would constitute grounds for the board to deny licensure, the
board shall permit the applicant to take this examination, but may
notify the applicant that licensure will not be granted pending
completion of the investigation.
(f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the California law and ethics
examination, or the examination specified by paragraph (2) of
subdivision (a) of Section 4999.53, permission to retake either
examination pending completion of the investigation of any complaints
against the applicant.
(g) 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, respectively, or the
application has been denied in accordance with subdivision (b) of
Section 485.
(h) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(i) On and after January 1, 2013, the examination specified by
paragraph (2) of subdivision (a) of Section 4999.53 shall be passed
within seven years of an applicant's initial attempt.
(j) A passing score on the clinical examination shall be accepted
by the board for a period of seven years from the date the
examination was taken.
(j)
(k) No applicant shall be eligible to participate in
the examination specified by paragraph (2) of subdivision (a) of
Section 4999.53, if he or she fails to obtain a passing score on this
examination within seven years from his or her initial attempt. If
the applicant fails to obtain a passing score within seven years of
initial attempt, he or she shall obtain a passing score on the
current version of the California law and ethics examination in order
to be eligible to retake this examination.
(k)
(l) The provisions of this section shall become
operative on January 1, 2013.
SEC. 9. 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,
2013, 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 may apply for licensure with
the board without taking the clinical examination if both of the
following conditions are met:
(A) The applicant obtained a passing score on the licensing
examination set forth in regulation as accepted by the board.
(B) The applicant's license or registration in that jurisdiction
is in good standing at the time of his or her application and has not
been revoked,
suspended, surrendered, denied, or otherwise restricted or encumbered
as a result of any disciplinary proceeding brought by the licensing
authority of that jurisdiction.
(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, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant completes,
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 that includes, but is not
limited to, instruction in advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability
Act 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, and
therapist disclosures to clients.
(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, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
SEC. 10. 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, 2013, 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, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant completes,
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 that includes, but is not
limited to, instruction in advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability
Act 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, and therapist disclosures to clients.
(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 may apply for licensure with the board
without taking the clinical examination if both of the following
conditions are met:
(1) The applicant obtained a passing score on the licensing
examination set forth in regulation as accepted 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 has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.
(e)
(f) This section shall become inoperative on January 1,
2014, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2014, deletes or extends
that date.
SEC. 11. Section 4999.60 of the
Business and Professions Code is amended to read:
4999.60. (a) This section applies to persons who are licensed
outside of California and apply for examination eligibility on or
after January 1, 2014.
(b) The board may issue a license to a person who, at the time of
submitting an application for a license pursuant to this chapter,
holds a valid license as a professional clinical counselor, or other
counseling license that allows the applicant to independently provide
clinical mental health services, in another jurisdiction of the
United States if all of the following conditions are satisfied:
(1) The applicant's education is substantially equivalent, as
defined in Section 4999.62.
(2) The applicant complies with subdivision (b) of Section
4999.40, if applicable.
(3) The applicant's supervised experience is substantially
equivalent to that required for a license under this chapter. 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 has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.
SEC. 12. Section 4999.63 of the
Business and Professions Code is repealed.
4999.63. (a) For applicants who submit an application for a
license on or before January 1, 2013, a valid passing score on the
examination referenced in subdivision (c) of Section 4999.52 shall
have been obtained less than seven years prior to the application
date.
(b) For applicants who submit an application for a license on and
after January 1, 2013, a valid passing score on the examination
referenced in paragraph (2) of subdivision (a) of Section 4999.53
shall have been obtained less than seven years prior to the
application date.
