BILL NUMBER: SB 1527 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY JUNE 6, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 24, 2012
An act to amend Sections 4980.50, 4980.72, 4992.1, 4996.18,
4999.52, 4999.58, 4999.59, and 4999.60 of, to amend and repeal
Section 4996.17 of, and to repeal Section 4999.63 of, the Business
and Professions Code, relating to the Board of Behavioral Sciences.
LEGISLATIVE COUNSEL'S DIGEST
SB 1527, Negrete McLeod. Board of Behavioral Sciences: licensing.
(1) Existing law, the Marriage and Family Therapist Act, provides
for the licensure and regulation of marriage and family therapists
by the Board of Behavioral Sciences. Existing law also 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 from another
jurisdiction 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, commencing January 1, 2014, 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.
(2) 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 commencing January 1, 2014, 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, commencing January 1, 2014, 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, 2014, in order for the
board to issue a clinical social worker license to an applicant
licensed by another state or with experience gained in 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, commencing January 1, 2014, add the requirement
for completion of training or coursework, which may be embedded in
more than one course, in California law and professional ethics, as
specified.
(3) Existing law, the Licensed Professional Clinical Counselor
Act, provides for the licensure and regulation of professional
clinical counselors by the Board of Behavioral Sciences. Existing
law, until January 1, 2013, requires every applicant for a license as
a professional clinical counselor to be examined by the board and
requires the board to evaluate various national licensing
examinations and other examinations, as necessary, for use as
requirements for licensure. 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 extend those examination evaluation provisions to
January 1, 2014, and would additionally specify that, whichever
examination the board decides to require for licensure, a passing
score on such examination shall be accepted by the board for a period
of 7 years from the date the examination was taken. The bill would
exempt a person with a license from another jurisdiction from a
specified examination if the person has previously obtained a passing
score on an examination that is currently required by the board. The
bill would, commencing January 1, 2014, provide that a passing score
on the clinical examination, as described below, shall be accepted
by the board for a period of 7 years after the examination date.
(4) Commencing January 1, 2013, existing law for the practice
areas of marriage and family therapy, social work, and professional
clinical counselors, requires applicants for a license to pass a
clinical examination and a California law and ethics examination,
subject to specified fees.
This bill would instead make those examination requirements
operative on January 1, 2014.
This bill would incorporate additional changes to certain
provisions proposed by SB 1575 if that bill is also enacted and this
bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4980.50 of the Business and Professions Code,
as amended by Section 7 of Chapter 387 of the Statutes of 2011, is
amended to read:
4980.50. (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 standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written 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 standard
written 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 vignette written
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 standard written or clinical
vignette written 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) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
(h) 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) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. 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, 2014, 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, 2014, 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.
(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.
(j) This section shall become operative on January 1, 2014.
SEC. 3. 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 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. 4. Section 4992.1 of the Business and Professions Code, as
amended by Section 18 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 the
examination.
(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 standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written 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 standard
written 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 vignette written
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 standard written or clinical
vignette written 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) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
(h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 5. 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, 2014, 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.
(i) This section shall become operative on January 1, 2014.
SEC. 6. 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) (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 experience
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, 2014, 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. 7. 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. 8. 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. 9. 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, 2014, have completed training or
coursework, which may be embedded within more than one course, 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. 10. Section 4999.52 of the Business and Professions Code, as
amended by Section 38 of Chapter 387 of the Statutes of 2011, is
amended to read:
4999.52. (a) Except as provided in Section 4999.54, 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) (1) It is the intent of the Legislature that national
licensing examinations, such as the National Counselor Examination
for Licensure and Certification (NCE) and the National Clinical
Mental Health Counselor Examination (NCMHCE), be evaluated by the
board as requirements for licensure as a professional clinical
counselor.
(2) The board shall evaluate various national examinations in
order to determine whether they meet the prevailing standards for the
validation and use of licensing and certification tests in
California.
(3) The Department of Consumer Affairs' Office of Professional
Examination Services shall review the occupational analysis that was
used for developing the national examinations in order to determine
if it adequately describes the licensing group and adequately
determines the tasks, knowledge, skills, and abilities the licensed
professional clinical counselor would need to perform the functions
under this chapter.
(4) Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(5) If national examinations do not meet the standards specified
in paragraph (2), the board may require a passing score on either of
the following:
(A) The national examinations plus one or more board-developed
examinations.
(B) One or more board-developed examinations.
(6) If the board decides to require a national examination
specified in paragraph (1), a passing score on this examination shall
be accepted by the board for a period of seven years from the date
the examination was taken.
(7) If the board decides to require the examinations specified in
paragraph (5), a passing score on these examinations shall be
accepted by the board for a period of seven years from the date the
examination was taken.
(8) The licensing examinations shall also incorporate a California
law and ethics examination element that is acceptable to the board,
or, as an alternative, the board may develop a separate California
law and ethics examination.
(d) 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.
(e) The board shall not deny any applicant whose application for
licensure is complete admission to the examinations, nor shall the
board postpone or delay any applicant's examinations or delay
informing the candidate of the results of the examinations, solely
upon the receipt by the board of a complaint alleging acts or conduct
that would constitute grounds to deny licensure.
(f) If an applicant for 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 examinations, but
may notify the applicant that licensure will not be granted pending
completion of the investigation.
(g) Notwithstanding Section 135, the board may deny any applicant
who has previously failed an examination permission to retake that
examination pending completion of the investigation of any complaints
against the applicant.
(h) 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.
(i) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(j) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 11. 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 Section 4999.54, 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, 2014, 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.
(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.
(l) The provisions of this section shall become operative on
January 1, 2014.
SEC. 12. 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 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 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,
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. 12.5. 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,
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 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 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, 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, 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. 13. 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,
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 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 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.
(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. 13.5. 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, 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, 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 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.
(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. 14. 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. 15. Section 4999.63 of the Business and Professions Code is
repealed.
SEC. 16. (a) Section 12.5 of this bill incorporates amendments to
Section 4999.58 of the Business and Professions Code proposed by both
this bill and Senate Bill 1575. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2013, (2) each bill amends Section 4999.58 of the Business and
Professions Code, and (3) this bill is enacted after Senate Bill
1575, in which case Section 12 of this bill shall not become
operative.
(b) Section 13.5 of this bill incorporates amendments to Section
4999.59 of the Business and Professions Code proposed by both this
bill and Senate Bill 1575. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2013,
(2) each bill amends Section 4999.59 of the Business and Professions
Code, and (3) this bill is enacted after Senate Bill 1575, in which
case Section 13 of this bill shall not become operative.