Bill Text: CA SB800 | 2015-2016 | Regular Session | Chaptered
Bill Title: Healing arts.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2015-10-01 - Chaptered by Secretary of State. Chapter 426, Statutes of 2015. [SB800 Detail]
Download: California-2015-SB800-Chaptered.html
BILL NUMBER: SB 800 CHAPTERED
BILL TEXT
CHAPTER 426
FILED WITH SECRETARY OF STATE OCTOBER 1, 2015
APPROVED BY GOVERNOR OCTOBER 1, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JULY 13, 2015
AMENDED IN ASSEMBLY JUNE 8, 2015
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Hill (Chair), Bates, Berryhill, Block,
Galgiani, Hernandez, Jackson, Mendoza, and Wieckowski)
MARCH 18, 2015
An act to amend Sections 28, 146, 500, 650.2, 800, 1603a, 1618.5,
1640.1, 1648.10, 1650, 1695, 1695.1, 1905.1, 1944, 2054, 2401, 2428,
2529, 2650, 2770, 2770.1, 2770.2, 2770.7, 2770.8, 2770.10, 2770.11,
2770.12, 2770.13, 2835.5, 3057, 3509.5, 4836.2, 4887, 4938, 4939,
4980.399, 4980.43, 4980.54, 4984.01, 4989.34, 4992.09, 4996.2,
4996.22, 4996.28, 4999.1, 4999.2, 4999.3, 4999.4, 4999.5, 4999.7,
4999.45, 4999.46, 4999.55, 4999.76, and 4999.100 of, to amend the
heading of Article 3.1 (commencing with Section 2770) of Chapter 6 of
Division 2 of, and to repeal Section 1917.2 of, the Business and
Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 800, Committee on Business, Professions and Economic
Development. Healing arts.
Under existing law, the Department of Consumer Affairs is
comprised of various boards that license and regulate the practice of
various professions and vocations, including those relating to the
healing arts:
(1) Existing law requires persons applying for initial licensure
or renewal of a license as a psychologist, clinical social worker,
professional clinical counselor, or marriage and family therapist to
have completed prescribed coursework or training in child abuse
assessment and reporting. Existing law requires the training to have
been obtained from an accredited or approved educational institution,
a continuing education provider approved by the responsible board,
or a course sponsored or offered by a professional association or a
local, county, or state department of health or mental health for
continuing education and approved by the responsible board.
This bill would require the responsible board to specify a
continuing education provider for child abuse assessment and
reporting coursework by regulation, and would permit the responsible
board to approve or accept a sponsored or offered course.
(2) Existing law relating to unlicensed activity enforcement lists
specified provisions that require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions and, notwithstanding any other law, makes a
violation of a listed provision punishable as an infraction under
specified circumstances.
This bill would include in those listed provisions an existing
requirement for the registration of individuals as certified
polysomnographic technologists, polysomnographic technicians, and
polysomnographic trainees.
The bill would also include in those listed provisions a provision
of the Educational Psychologist Practice Act that makes it unlawful
for any person to practice educational psychology or use any title or
letters that imply that he or she is a licensed educational
psychologist unless, at the time of so doing, he or she holds a
valid, unexpired, and unrevoked license under that act, the violation
of which is a misdemeanor. The bill would further include in those
listed provisions existing requirements of the Licensed Professional
Clinical Counselor Act that a person not practice or advertise the
performance of professional clinical counseling services without a
license and pay the license fee, as required by that act, the
violation of which is a misdemeanor.
By creating new infractions, this bill would impose a
state-mandated local program.
(3) The Dental Practice Act provides for the licensure and
regulation of dentists by the Dental Board of California. For
purposes of the act, any reference to the Board of Dental Examiners
is deemed a reference to the Dental Board of California.
This bill would delete certain existing references to the Board of
Dental Examiners and, instead, refer to the Dental Board of
California.
(4) Existing law provides for the regulation of dental hygienists
by the Dental Hygiene Committee of California, within the
jurisdiction of the Dental Board of California. Existing law
authorizes the committee, until January 1, 2010, to contract with the
dental board to carry out any of specified provisions relating to
the regulation of dental hygienists, and, on and after January 1,
2010, to contract with the dental board to perform investigations of
applicants and licensees. Existing law requires a new educational
program for registered dental hygienists to submit a specified
feasibility study. Existing law limits the fee for each curriculum
review and site evaluation for these programs to a specified amount.
This bill would require the Dental Hygiene Committee of California
to create and maintain a central file of the names of licensees, to
provide an individual historical record with information on acts of
licensee misconduct and discipline. The bill would remove the
limiting dates from the contracting provisions, thereby authorizing
the committee to contract with the dental board indefinitely to carry
out any of specified provisions relating to the regulation of dental
hygienists, including performing investigations of applicants and
licensees. The bill would additionally limit the fee for each
feasibility study review to that same specified amount.
(5) The Medical Practice Act provides for the licensure and
regulation of physicians and surgeons by the Medical Board of
California. Under existing law, the board issues a physician and
surgeon's certificate to a licensed physician surgeon. The act
prohibits a person who fails to renew his or her license within 5
years after its expiration from renewing it, and prohibits the
license from being reissued, reinstated, or restored thereafter,
although the act authorizes a person to apply for and obtain a new
license under specified circumstances.
This bill would recast that renewal provision to prohibit renewal
by a person who voluntarily cancels his or her license or who fails
to renew it as described, and would authorize that person to apply
for and obtain a license under those specified circumstances, without
regard to reissuance, reinstatement, or restoration.
(6) Existing law relating to research psychoanalysts authorizes
certain students and graduates in psychoanalysis to engage in
psychoanalysis under prescribed circumstances if they register with
the Medical Board of California and present evidence of their student
or graduate status. Existing law authorizes that board to suspend or
revoke the exemption of those persons from licensure for
unprofessional conduct for, among other things, repeated acts of
clearly excessive prescribing, furnishing, dispensing, or
administering of drugs or treatment, use of diagnostic procedures, or
use of diagnostic or treatment facilities.
This bill would substitute, for those described bases for
suspension or revocation of the exemption, the commission of any act
of sexual abuse, misconduct, or relations with a patient, client, or
customer.
(7) The Physical Therapy Practice Act provides for the licensure
and regulation of physical therapists and physical therapist
assistants by the Physical Therapy Board of California. The act
establishes education requirements for a physical therapist
assistant, including subject matter instruction through a combination
of didactic and clinical experiences, and requires the clinical
experience to include at least 18 weeks of full-time experience with
a variety of patients.
This bill would delete that 18-week full-time experience
requirement for physical therapist assistant education.
(8) The Nursing Practice Act provides for the licensure and
regulation of registered nurses and nurse practitioners by the Board
of Registered Nursing. The act, on and after January 1, 2008,
requires an applicant for initial qualification or certification as a
nurse practitioner who has not been qualified or certified as a
nurse practitioner to meet specified requirements. Certain provisions
allow the board to find registered nurses qualified to use the title
of "nurse practitioner."
This bill would delete those title provisions.
The Nursing Practice Act provides for a diversion program to
identify and rehabilitate registered nurses whose competency may be
impaired due to abuse of alcohol and other drugs, or due to mental
illness.
This bill would instead refer to the program as an intervention
program.
(9) The Optometry Practice Act provides for the licensure and
regulation of optometrists by the State Board of Optometry. The act
prescribes license eligibility requirements, including, but not
limited to, submitting proof that the person is licensed in good
standing as of the date of application in every state where he or she
holds a license, including compliance with continuing education
requirements, submitting proof that the person has been in active
practice in a state in which he or she is licensed for a total of at
least 5,000 hours in 5 of the 7 consecutive years immediately
preceding the date of his or her application, and has never had his
or her license to practice optometry revoked or suspended. For
purposes of those provisions, "in good standing" includes the
requirement that the person has not been found mentally incompetent
by a physician so that the person is unable to undertake the practice
of optometry in a manner consistent with the safety of a patient or
the public.
This bill would delete that active practice requirement and would
require that the license have never been revoked or suspended in any
state where the person holds a license. The bill, with regard to
making such a finding of mental incompetence, would replace a finding
by a physician with a finding by a licensed psychologist or licensed
psychiatrist.
(10) The Physician Assistant Practice Act requires the Physician
Assistant Board to annually elect a chairperson and vice chairperson
from among its members.
This bill would require the annual election of a president and
vice president.
(11) Existing law relating to veterinary medicine requires a
veterinary assistant to obtain a controlled substance permit from the
Veterinary Medical Board in order to administer a controlled
substance, and authorizes the board to deny, revoke, or suspend the
permit, after notice and hearing, for any of specified causes.
Existing law authorizes the board to revoke or suspend a permit for
the same.
This bill would, instead, authorize the board to suspend or revoke
the controlled substance permit of a veterinary assistant, after
notice and hearing, for any of specified causes, and to deny, revoke,
or suspend a permit for the same.
(12) The Acupuncture Licensure Act provides for the licensure and
regulation of the practice of acupuncture by the Acupuncture Board.
The act requires the board to issue a license to practice acupuncture
to a person who meets prescribed requirements. The act requires, in
the case of an applicant who has completed education and training
outside the United States and Canada, documented educational training
and clinical experience that meets certain standards established by
the board. Existing law, commencing January 1, 2017, specifically
requires the board to establish standards for the approval of
educational training and clinical experience received outside the
United States and Canada.
This bill would remove Canada from those provisions, thereby
applying the same standards to all training and clinical experience
completed outside the United States.
(13) The Board of Behavioral Sciences is responsible for
administering the Licensed Marriage and Family Therapist Act, the
Educational Psychologist Practice Act, the Clinical Social Worker
Practice Act, and the Licensed Professional Clinical Counselor Act.
The Licensed Marriage and Family Therapist Act provides for the
licensure and regulation of marriage and family therapists by the
Board of Behavioral Sciences. The act sets forth the educational and
training requirements for licensure as a marriage and family
therapist, including certain supervised-experience requirements
whereby a prospective licensee is required to work a specified number
of hours in a clinical setting under the supervision of experienced
professionals. The act requires all persons to register with the
board as an intern in order to be credited for postdegree hours of
supervised experience gained toward licensure. The act, with regard
to interns, requires all postdegree hours of experience to be
credited toward licensure, except when employed in a private practice
setting, if certain conditions are met. The act limits the number of
hours applicants for a marriage and family therapist license may
provide counseling services via telehealth.
The bill would require postdegree hours of experience to be
credited toward licensure if certain conditions are met. The bill
would prohibit an applicant for licensure as a marriage and family
therapist from being employed or volunteering in a private practice
until registered as an intern by the board. The bill would similarly
prohibit an applicant for professional clinical counselor under the
Licensed Professional Clinical Counselor Act from being employed or
volunteering in a private practice until registered as an intern by
the board.
The bill would authorize a marriage and family therapist intern
and trainee to provide services via telehealth if he or she is
supervised as required by the act, and is acting within the scope
authorized by the act and in accordance with any regulations
governing the use of telehealth promulgated by the Board of
Behavioral Sciences.
The Licensed Marriage and Family Therapist Act and the Licensed
Professional Clinical Counselor Act require applicants for licensure
under those acts to comply with specified educational and experience
requirements, including, but not limited to, hours of supervised
experience, and sets forth terms, conditions, and limitations for
those hours of experience, as specified.
The bill would revise those experience requirements and provide
that individuals who submit applications for examination eligibility
between January 1, 2016, and December 31, 2020, may alternatively
qualify under the current requirements.
The Licensed Marriage and Family Therapist Act, the Educational
Psychologist Practice Act, the Clinical Social Worker Practice Act,
and the Licensed Professional Clinical Counselor Act require the
Board of Behavioral Sciences to approve continuing education
providers for specified educational courses relating to licensure for
marriage and family therapists, educational psychologists, clinical
social workers, and professional clinical counselors.
This bill would modify those acts to require the Board of
Behavioral Sciences to identify, by regulation, acceptable continuing
education providers.
The Licensed Marriage and Family Therapist Act and the Licensed
Professional Clinical Counselor Act provide for the registration of
interns and allow a maximum of possible renewals after initial
registration, after which a new registration number is required to be
obtained. The Clinical Social Worker Practice Act provides similarly
for the registration and renewal of registration of associate
clinical social workers. An applicant who is issued a subsequent
number is barred from employment or volunteering in a private
practice.
This bill would revise those provisions to refer throughout to
subsequent registration numbers.
(14) Existing law provides for the registration of telephone
medical advice services. Existing law imposes requirements for
obtaining and maintaining registration, including a requirement that
medical advice services be provided by specified licensed,
registered, or certified health care professionals.
This bill would expand the specified health care professionals to
include naturopathic doctors and licensed professional clinical
counselors. The bill would require a service to notify the department
of certain business changes, and to submit quarterly reports.
(15) This bill would additionally delete or update obsolete
provisions and make conforming or nonsubstantive changes.
(16) This bill would incorporate additional changes to Section
1944 of the Business and Professions Code made by this bill and AB
483 to take effect if both bills are chaptered and this bill is
chaptered last.
(17) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 28 of the Business and Professions Code is
amended to read:
28. (a) The Legislature finds that there is a need to ensure that
professionals of the healing arts who have demonstrable contact with
victims and potential victims of child, elder, and dependent adult
abuse, and abusers and potential abusers of children, elders, and
dependent adults are provided with adequate and appropriate training
regarding the assessment and reporting of child, elder, and dependent
adult abuse that will ameliorate, reduce, and eliminate the trauma
of abuse and neglect and ensure the reporting of abuse in a timely
manner to prevent additional occurrences.
(b) The Board of Psychology and the Board of Behavioral Sciences
shall establish required training in the area of child abuse
assessment and reporting for all persons applying for initial
licensure and renewal of a license as a psychologist, clinical social
worker, professional clinical counselor, or marriage and family
therapist. This training shall be required one time only for all
persons applying for initial licensure or for licensure renewal.
(c) All persons applying for initial licensure or renewal of a
license as a psychologist, clinical social worker, professional
clinical counselor, or marriage and family therapist shall, in
addition to all other requirements for licensure or renewal, have
completed coursework or training in child abuse assessment and
reporting that meets the requirements of this section, including
detailed knowledge of the Child Abuse and Neglect Reporting Act
(Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1
of Part 4 of the Penal Code). The training shall meet all of the
following requirements:
(1) Be obtained from one of the following sources:
(A) An accredited or approved educational institution, as defined
in Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12, including
extension courses offered by those institutions.
(B) A continuing education provider as specified by the
responsible board by regulation.
(C) A course sponsored or offered by a professional association or
a local, county, or state department of health or mental health for
continuing education and approved or accepted by the responsible
board.
(2) Have a minimum of seven contact hours.
(3) Include the study of the assessment and method of reporting of
sexual assault, neglect, severe neglect, general neglect, willful
cruelty or unjustifiable punishment, corporal punishment or injury,
and abuse in out-of-home care. The training shall also include
physical and behavioral indicators of abuse, crisis counseling
techniques, community resources, rights and responsibilities of
reporting, consequences of failure to report, caring for a child's
needs after a report is made, sensitivity to previously abused
children and adults, and implications and methods of treatment for
children and adults.
(4) An applicant shall provide the appropriate board with
documentation of completion of the required child abuse training.
(d) The Board of Psychology and the Board of Behavioral Sciences
shall exempt an applicant who applies for an exemption from this
section and who shows to the satisfaction of the board that there
would be no need for the training in his or her practice because of
the nature of that practice.
(e) It is the intent of the Legislature that a person licensed as
a psychologist, clinical social worker, professional clinical
counselor, or marriage and family therapist have minimal but
appropriate training in the areas of child, elder, and dependent
adult abuse assessment and reporting. It is not intended that, by
solely complying with this section, a practitioner is fully trained
in the subject of treatment of child, elder, and dependent adult
abuse victims and abusers.
(f) The Board of Psychology and the Board of Behavioral Sciences
are encouraged to include coursework regarding the assessment and
reporting of elder and dependent adult abuse in the required training
on aging and long-term care issues prior to licensure or license
renewal.
SEC. 2. Section 146 of the Business and Professions Code is
amended to read:
146. (a) Notwithstanding any other provision of law, a violation
of any code section listed in subdivision (c) is an infraction
subject to the procedures described in Sections 19.6 and 19.7 of the
Penal Code when either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivision (c) if the defendant has had his or
her license, registration, or certificate previously revoked or
suspended.
(c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
(1) Sections 2052 and 2054.
(2) Section 2630.
(3) Section 2903.
(4) Section 3575.
(5) Section 3660.
(6) Sections 3760 and 3761.
(7) Section 4080.
(8) Section 4825.
(9) Section 4935.
(10) Section 4980.
(11) Section 4989.50.
(12) Section 4996.
(13) Section 4999.30.
(14) Section 5536.
(15) Section 6704.
(16) Section 6980.10.
(17) Section 7317.
(18) Section 7502 or 7592.
(19) Section 7520.
(20) Section 7617 or 7641.
(21) Subdivision (a) of Section 7872.
(22) Section 8016.
(23) Section 8505.
(24) Section 8725.
(25) Section 9681.
(26) Section 9840.
(27) Subdivision (c) of Section 9891.24.
(28) Section 19049.
(d) Notwithstanding any other law, a violation of any of the
sections listed in subdivision (c), which is an infraction, is
punishable by a fine of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000). No portion of
the minimum fine may be suspended by the court unless as a condition
of that suspension the defendant is required to submit proof of a
current valid license, registration, or certificate for the
profession or vocation that was the basis for his or her conviction.
SEC. 3. Section 500 of the Business and Professions Code is
amended to read:
500. If the register or book of registration of the Medical Board
of California, the Dental Board of California, or the California
State Board of Pharmacy is destroyed by fire or other public
calamity, the board, whose duty it is to keep the register or book,
may reproduce it so that there may be shown as nearly as possible the
record existing in the original at the time of destruction.
SEC. 4. Section 650.2 of the Business and Professions Code is
amended to read:
650.2. (a) Notwithstanding Section 650 or any other provision of
law, it shall not be unlawful for a person licensed pursuant to
Chapter 4 (commencing with Section 1600) of Division 2 or any other
person, to participate in or operate a group advertising and referral
service for dentists if all of the following conditions are met:
(1) The patient referrals by the service result from
patient-initiated responses to service advertising.
(2) The service advertises, if at all, in conformity with Section
651 and subdivisions (i) and ( l ) of Section 1680.
(3) The service does not employ a solicitor within the meaning of
subdivision (j) of Section 1680.
(4) The service does not impose a fee on the member dentists
dependent upon the number of referrals or amount of professional fees
paid by the patient to the dentist.
(5) Participating dentists charge no more than their usual and
customary fees to any patient referred.
(6) The service registers with the Dental Board of California,
providing its name and address.
(7) The service files with the Dental Board of California a copy
of the standard form contract that regulates its relationship with
member dentists, which contract shall be confidential and not open to
public inspection.
(8) If more than 50 percent of its referrals are made to one
individual, association, partnership, corporation, or group of three
or more dentists, the service discloses that fact in all public
communications, including, but not limited to, communication by means
of television, radio, motion picture, newspaper, book, or list or
directory of healing arts practitioners.
(9) When member dentists pay any fee to the service, any
advertisement by the service shall clearly and conspicuously disclose
that fact by including a statement as follows: "Paid for by
participating dentists." In print advertisements, the required
statement shall be in at least 9-point type. In radio advertisements,
the required statement shall be articulated so as to be clearly
audible and understandable by the radio audience. In television
advertisements, the required statement shall be either clearly
audible and understandable to the television audience, or displayed
in a written form that remains clearly visible for at least five
seconds to the television audience. This subdivision shall be
operative on and after July 1, 1994.
(b) The Dental Board of California may adopt regulations
necessary to enforce and administer this section.
(c) The Dental Board of California may suspend or revoke the
registration of any service that fails to comply with paragraph (9)
of subdivision (a). No service may reregister with the board if it
has a registration that is currently under suspension for a violation
of paragraph (9) of subdivision (a), nor may a service reregister
with the board if it had a registration revoked by the board for a
violation of paragraph (9) of subdivision (a) less than one year
after that revocation.
(d) The Dental Board of California may petition the superior court
of any county for the issuance of an injunction restraining any
conduct that constitutes a violation of this section.
(e) It is unlawful and shall constitute a misdemeanor for a person
to operate a group advertising and referral service for dentists
without providing its name and address to the Dental Board of
California.
(f) It is the intent of the Legislature in enacting this section
not to otherwise affect the prohibitions provided in Section 650. The
Legislature intends to allow the pooling of resources by dentists
for the purposes of advertising.
(g) This section shall not be construed to authorize a referral
service to engage in the practice of dentistry.
SEC. 5. Section 800 of the Business and Professions Code is
amended to read:
800. (a) The Medical Board of California, the Board of
Psychology, the Dental Board of California, the Dental Hygiene
Committee of California, the Osteopathic Medical Board of California,
the State Board of Chiropractic Examiners, the Board of Registered
Nursing, the Board of Vocational Nursing and Psychiatric Technicians
of the State of California, the State Board of Optometry, the
Veterinary Medical Board, the Board of Behavioral Sciences, the
Physical Therapy Board of California, the California State Board of
Pharmacy, the Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board, the California Board of Occupational Therapy, the
Acupuncture Board, and the Physician Assistant Board shall each
separately create and maintain a central file of the names of all
persons who hold a license, certificate, or similar authority from
that board. Each central file shall be created and maintained to
provide an individual historical record for each licensee with
respect to the following information:
(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
(3) Any public complaints for which provision is made pursuant to
subdivision (b).
(4) Disciplinary information reported pursuant to Section 805,
including any additional exculpatory or explanatory statements
submitted by the licentiate pursuant to subdivision (f) of Section
805. If a court finds, in a final judgment, that the peer review
resulting in the 805 report was conducted in bad faith and the
licensee who is the subject of the report notifies the board of that
finding, the board shall include that finding in the central file.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(5) Information reported pursuant to Section 805.01, including any
explanatory or exculpatory information submitted by the licensee
pursuant to subdivision (b) of that section.
(b) (1) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
(2) If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.
(3) Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
(c) (1) The contents of any central file that are not public
records under any other provision of law shall be confidential except
that the licensee involved, or his or her counsel or representative,
shall have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the
source or by providing a comprehensive summary of the substance of
the material. Whichever method is used, the board shall ensure that
full disclosure is made to the subject of any personal information
that could reasonably in any way reflect or convey anything
detrimental, disparaging, or threatening to a licensee's reputation,
rights, benefits, privileges, or qualifications, or be used by a
board to make a determination that would affect a licensee's rights,
benefits, privileges, or qualifications. The information required to
be disclosed pursuant to Section 803.1 shall not be considered among
the contents of a central file for the purposes of this subdivision.
(2) The licensee may, but is not required to, submit any
additional exculpatory or explanatory statement or other information
that the board shall include in the central file.
(3) Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
(4) These disclosures shall effect no change in the confidential
status of these records.
SEC. 6. Section 1603a of the Business and Professions Code is
amended to read:
1603a. A member of the Dental Board of California who has served
two terms shall not be eligible for reappointment to the board. In
computing two terms hereunder, that portion of an unexpired term that
a member fills as a result of a vacancy shall be excluded.
SEC. 7. Section 1618.5 of the Business and Professions Code is
amended to read:
1618.5. (a) The board shall provide to the Director of the
Department of Managed Health Care a copy of any accusation filed with
the Office of Administrative Hearings pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, when the accusation is filed, for a violation
of this chapter relating to the quality of care of any dental
provider of a health care service plan, as defined in Section 1345 of
the Health and Safety Code. There shall be no liability on the part
of, and no cause of action shall arise against, the State of
California, the Dental Board of California, the Department of Managed
Health Care, the director of that department, or any officer, agent,
employee, consultant, or contractor of the state or the board or the
department for the release of any false or unauthorized information
pursuant to this section, unless the release is made with knowledge
and malice.
(b) The board and its executive officer and staff shall maintain
the confidentiality of any nonpublic reports provided by the Director
of the Department of Managed Health Care pursuant to subdivision (i)
of Section 1380 of the Health and Safety Code.
SEC. 8. Section 1640.1 of the Business and Professions Code is
amended to read:
1640.1. As used in this article, the following definitions shall
apply:
(a) "Specialty" means an area of dental practice approved by the
American Dental Association and recognized by the board.
(b) "Discipline" means an advanced dental educational program in
an area of dental practice not approved as a specialty by the
American Dental Association; but offered from a dental college
approved by the board.
(c) "Dental college approved by the board" means a dental school
or college that is approved by the Commission on Dental Accreditation
of the American Dental Association, that is accredited by a body
that has a reciprocal accreditation agreement with that commission,
or that has been approved by the Dental Board of California through
its own approval process.
SEC. 9. Section 1648.10 of the Business and Professions Code is
amended to read:
1648.10. (a) The Dental Board of California shall develop and
distribute a fact sheet describing and comparing the risks and
efficacy of the various types of dental restorative materials that
may be used to repair a dental patient's oral condition or defect.
The fact sheet shall include:
(1) A description of the groups of materials that are available to
the profession for restoration of an oral condition or defect.
(2) A comparison of the relative benefits and detriments of each
group of materials.
(3) A comparison of the cost considerations associated with each
group of materials.
(4) A reference to encourage discussion between patient and
dentist regarding materials and to inform the patient of his or her
options.
(b) The fact sheet shall be made available by the Dental Board of
California to all licensed dentists.
(c) The Dental Board of California shall update the fact sheet
described in subdivision (a) as determined necessary by the board.
SEC. 10. Section 1650 of the Business and Professions Code is
amended to read:
1650. Every person who is now or hereafter licensed to practice
dentistry in this state shall register on forms prescribed by the
board, his or her place of practice with the executive officer of the
Dental Board of California, or, if he or she has more than one place
of practice, all of the places of practice, or, if he or she has no
place of practice, to so notify the executive officer of the board. A
person licensed by the board shall register with the executive
officer within 30 days after the date of his or her license.
SEC. 11. Section 1695 of the Business and Professions Code is
amended to read:
1695. It is the intent of the Legislature that the Dental Board
of California seek ways and means to identify and rehabilitate
licentiates whose competency may be impaired due to abuse of
dangerous drugs or alcohol, so that licentiates so afflicted may be
treated and returned to the practice of dentistry in a manner that
will not endanger the public health and safety. It is also the intent
of the Legislature that the Dental Board of California shall
implement this legislation in part by establishing a diversion
program as a voluntary alternative approach to traditional
disciplinary actions.
SEC. 12. Section 1695.1 of the Business and Professions Code is
amended to read:
1695.1. As used in this article:
(a) "Board" means the Dental Board of California.
(b) "Committee" means a diversion evaluation committee created by
this article.
(c) "Program manager" means the staff manager of the diversion
program, as designated by the executive officer of the board. The
program manager shall have background experience in dealing with
substance abuse issues.
SEC. 13. Section 1905.1 of the Business and Professions Code is
amended to read:
1905.1. The committee may contract with the dental board to carry
out this article. The committee may contract with the dental board
to perform investigations of applicants and licensees under this
article.
SEC. 14. Section 1917.2 of the Business and Professions Code is
repealed.
SEC. 15. Section 1944 of the Business and Professions Code is
amended to read:
1944. (a) The committee shall establish by resolution the amount
of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. The fees
established by board resolution in effect on June 30, 2009, as they
relate to the licensure of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions, shall remain in effect until
modified by the committee. The fees are subject to the following
limitations:
(1) The application fee for an original license and the fee for
issuance of an original license shall not exceed two hundred fifty
dollars ($250).
(2) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(3) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(4) The fee for examination for licensure as a registered dental
hygienist in alternative practice shall not exceed the actual cost of
administering the examination.
(5) The biennial renewal fee shall not exceed one hundred sixty
dollars ($160).
(6) The delinquency fee shall not exceed one-half of the renewal
fee. Any delinquent license may be restored only upon payment of all
fees, including the delinquency fee, and compliance with all other
applicable requirements of this article.
(7) The fee for issuance of a duplicate license to replace one
that is lost or destroyed, or in the event of a name change, shall
not exceed twenty-five dollars ($25) or one-half of the renewal fee,
whichever is greater.
(8) The fee for certification of licensure shall not exceed
one-half of the renewal fee.
(9) The fee for each curriculum review, feasibility study review,
and site evaluation for educational programs for dental hygienists
who are not accredited by a committee-approved agency shall not
exceed two thousand one hundred dollars ($2,100).
(10) The fee for each review or approval of course requirements
for licensure or procedures that require additional training shall
not exceed seven hundred fifty dollars ($750).
(11) The initial application and biennial fee for a provider of
continuing education shall not exceed five hundred dollars ($500).
(12) The amount of fees payable in connection with permits issued
under Section 1962 is as follows:
(A) The initial permit fee is an amount equal to the renewal fee
for the applicant's license to practice dental hygiene in effect on
the last regular renewal date before the date on which the permit is
issued.
(B) If the permit will expire less than one year after its
issuance, then the initial permit fee is an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the permit is issued.
(b) The renewal and delinquency fees shall be fixed by the
committee by resolution at not more than the current amount of the
renewal fee for a license to practice under this article nor less
than five dollars ($5).
(c) Fees fixed by the committee by resolution pursuant to this
section shall not be subject to the approval of the Office of
Administrative Law.
(d) Fees collected pursuant to this section shall be collected by
the committee and deposited into the State Dental Hygiene Fund, which
is hereby created. All money in this fund shall, upon appropriation
by the Legislature in the annual Budget Act, be used to implement
this article.
(e) No fees or charges other than those listed in this section
shall be levied by the committee in connection with the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, or registered dental hygienists in extended
functions.
(f) The fee for registration of an extramural dental facility
shall not exceed two hundred fifty dollars ($250).
(g) The fee for registration of a mobile dental hygiene unit shall
not exceed one hundred fifty dollars ($150).
(h) The biennial renewal fee for a mobile dental hygiene unit
shall not exceed two hundred fifty dollars ($250).
(i) The fee for an additional office permit shall not exceed two
hundred fifty dollars ($250).
(j) The biennial renewal fee for an additional office as described
in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
(k) The initial application and biennial special permit fee is an
amount equal to the biennial renewal fee specified in paragraph (6)
of subdivision (a).
(l) The fees in this section shall not exceed an amount sufficient
to cover the reasonable regulatory cost of carrying out this
article.
SEC. 15.5. Section 1944 of the Business and Professions Code is
amended to read:
1944. (a) The committee shall establish by resolution the amount
of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in
extended functions. The fees established by board resolution
in effect on June 30, 2009, as they relate to the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, and registered dental hygienists in extended
functions, shall remain in effect until modified by the committee.
The fees are subject to the following limitations:
(1) The application fee for an original license and the fee for
the issuance of an original license shall not exceed two hundred
fifty dollars ($250). Commencing July 1, 2017, the fee for the
issuance of an original license shall be prorated on the monthly
basis.
(2) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(3) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(4) The fee for examination for licensure as a registered dental
hygienist in alternative practice shall not exceed the actual cost of
administering the examination.
(5) The biennial renewal fee shall not exceed one hundred sixty
dollars ($160).
(6) The delinquency fee shall not exceed one-half of the renewal
fee. Any delinquent license may be restored only upon payment of all
fees, including the delinquency fee, and compliance with all other
applicable requirements of this article.
(7) The fee for issuance of a duplicate license to replace one
that is lost or destroyed, or in the event of a name change, shall
not exceed twenty-five dollars ($25) or one-half of the renewal fee,
whichever is greater.
(8) The fee for certification of licensure shall not exceed
one-half of the renewal fee.
(9) The fee for each curriculum review, feasibility study review,
and site evaluation for educational programs for dental hygienists
who are not accredited by a committee-approved agency shall not
exceed two thousand one hundred dollars ($2,100).
(10) The fee for each review or approval of course requirements
for licensure or procedures that require additional training shall
not exceed seven hundred fifty dollars ($750).
(11) The initial application and biennial fee for a provider of
continuing education shall not exceed five hundred dollars ($500).
(12) The amount of fees payable in connection with permits issued
under Section 1962 is as follows:
(A) The initial permit fee is an amount equal to the renewal fee
for the applicant's license to practice dental hygiene in effect on
the last regular renewal date before the date on which the permit is
issued.
(B) If the permit will expire less than one year after its
issuance, then the initial permit fee is an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the permit is issued.
(b) The renewal and delinquency fees shall be fixed by the
committee by resolution at not more than the current amount of the
renewal fee for a license to practice under this article nor less
than five dollars ($5).
(c) Fees fixed by the committee by resolution pursuant to this
section shall not be subject to the approval of the Office of
Administrative Law.
(d) Fees collected pursuant to this section shall be collected by
the committee and deposited into the State Dental Hygiene Fund, which
is hereby created. All money in this fund shall, upon appropriation
by the Legislature in the annual Budget Act, be used to implement
this article.
(e) No fees or charges other than those listed in this section
shall be levied by the committee in connection with the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, or registered dental hygienists in extended
functions.
(f) The fee for registration of an extramural dental facility
shall not exceed two hundred fifty dollars ($250).
(g) The fee for registration of a mobile dental hygiene unit shall
not exceed one hundred fifty dollars ($150).
(h) The biennial renewal fee for a mobile dental hygiene unit
shall not exceed two hundred fifty dollars ($250).
(i) The fee for an additional office permit shall not exceed two
hundred fifty dollars ($250).
(j) The biennial renewal fee for an additional office as described
in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
(k) The initial application and biennial special permit fee is an
amount equal to the biennial renewal fee specified in paragraph (6)
of subdivision (a).
(l) The fees in this section shall not exceed an amount sufficient
to cover the reasonable regulatory cost of carrying out this
article.
SEC. 16. Section 2054 of the Business and Professions Code is
amended to read:
2054. (a) Any person who uses in any sign, business card, or
letterhead, or, in an advertisement, the words "doctor" or
"physician," the letters or prefix "Dr.," the initials "M.D.," or any
other terms or letters indicating or implying that he or she is a
physician and surgeon, physician, surgeon, or practitioner under the
terms of this or any other law, or that he or she is entitled to
practice hereunder, or who represents or holds himself or herself out
as a physician and surgeon, physician, surgeon, or practitioner
under the terms of this or any other law, without having at the time
of so doing a valid, unrevoked, and unsuspended certificate as a
physician and surgeon under this chapter, is guilty of a misdemeanor.
(b) A holder of a valid, unrevoked, and unsuspended certificate to
practice podiatric medicine may use the phrases "doctor of podiatric
medicine," "doctor of podiatry," and "podiatric doctor," or the
initials "D.P.M.," and shall not be in violation of subdivision (a).
(c) Notwithstanding subdivision (a), any of the following persons
may use the words "doctor" or "physician," the letters or prefix
"Dr.," or the initials "M.D.":
(1) A graduate of a medical school approved or recognized by the
board while enrolled in a postgraduate training program approved by
the board.
(2) A graduate of a medical school who does not have a certificate
as a physician and surgeon under this chapter if he or she meets all
of the following requirements:
(A) If issued a license to practice medicine in any jurisdiction,
has not had that license revoked or suspended by that jurisdiction.
(B) Does not otherwise hold himself or herself out as a physician
and surgeon entitled to practice medicine in this state except to the
extent authorized by this chapter.
(C) Does not engage in any of the acts prohibited by Section 2060.
(3) A person authorized to practice medicine under Section 2111 or
2113 subject to the limitations set forth in those sections.
SEC. 17. Section 2401 of the Business and Professions Code is
amended to read:
2401. (a) Notwithstanding Section 2400, a clinic operated
primarily for the purpose of medical education by a public or private
nonprofit university medical school, which is approved by the board
or the Osteopathic Medical Board of California, may charge for
professional services rendered to teaching patients by licensees who
hold academic appointments on the faculty of the university, if the
charges are approved by the physician and surgeon in whose name the
charges are made.
(b) Notwithstanding Section 2400, a clinic operated under
subdivision (p) of Section 1206 of the Health and Safety Code may
employ licensees and charge for professional services rendered by
those licensees. However, the clinic shall not interfere with,
control, or otherwise direct the professional judgment of a physician
and surgeon in a manner prohibited by Section 2400 or any other
provision of law.
(c) Notwithstanding Section 2400, a narcotic treatment program
operated under Section 11876 of the Health and Safety Code and
regulated by the State Department of Health Care Services, may employ
licensees and charge for professional services rendered by those
licensees. However, the narcotic treatment program shall not
interfere with, control, or otherwise direct the professional
judgment of a physician and surgeon in a manner prohibited by Section
2400 or any other provision of law.
(d) Notwithstanding Section 2400, a hospital that is owned and
operated by a licensed charitable organization, that offers only
pediatric subspecialty care, that, prior to January 1, 2013, employed
licensees on a salary basis, and that has not charged for
professional services rendered to patients may, commencing January 1,
2013, charge for professional services rendered to patients,
provided the following conditions are met:
(1) The hospital does not increase the number of salaried
licensees by more than five licensees each year.
(2) The hospital does not expand its scope of services beyond
pediatric subspecialty care.
(3) The hospital accepts each patient needing its scope of
services regardless of his or her ability to pay, including whether
the patient has any form of health care coverage.
(4) The medical staff concur by an affirmative vote that the
licensee's employment is in the best interest of the communities
served by the hospital.
(5) The hospital does not interfere with, control, or otherwise
direct a physician and surgeon's professional judgment in a manner
prohibited by Section 2400 or any other provision of law.
SEC. 18. Section 2428 of the Business and Professions Code is
amended to read:
2428. (a) A person who voluntarily cancels his or her license or
who fails to renew his or her license within five years after its
expiration shall not renew it, but that person may apply for and
obtain a new license if he or she:
(1) Has not committed any acts or crimes constituting grounds for
denial of licensure under Division 1.5 (commencing with Section 475).
(2) Takes and passes the examination, if any, which would be
required of him or her if application for licensure was being made
for the first time, or otherwise establishes to the satisfaction of
the licensing authority that passes on the qualifications of
applicants for the license that, with due regard for the public
interest, he or she is qualified to practice the profession or
activity for which the applicant was originally licensed.
(3) Pays all of the fees that would be required if application for
licensure was being made for the first time.
The licensing authority may provide for the waiver or refund of
all or any part of an examination fee in those cases in which a
license is issued without an examination pursuant to this section.
Nothing in this section shall be construed to authorize the
issuance of a license for a professional activity or system or mode
of healing for which licenses are no longer required.
(b) In addition to the requirements set forth in subdivision (a),
an applicant shall establish that he or she meets one of the
following requirements: (1) satisfactory completion of at least two
years of approved postgraduate training; (2) certification by a
specialty board approved by the American Board of Medical Specialties
or approved by the board pursuant to subdivision (h) of Section 651;
or (3) passing of the clinical competency written examination.
(c) Subdivision (a) shall apply to persons who held licenses to
practice podiatric medicine except that those persons who failed to
renew their licenses within three years after its expiration may not
renew it, and it may not be reissued, reinstated, or restored, except
in accordance with subdivision (a).
SEC. 19. Section 2529 of the Business and Professions Code is
amended to read:
2529. (a) Graduates of the Southern California Psychoanalytic
Institute, the Los Angeles Psychoanalytic Society and Institute, the
San Francisco Psychoanalytic Institute, the San Diego Psychoanalytic
Center, or institutes deemed equivalent by the Medical Board of
California who have completed clinical training in psychoanalysis may
engage in psychoanalysis as an adjunct to teaching, training, or
research and hold themselves out to the public as psychoanalysts, and
students in those institutes may engage in psychoanalysis under
supervision, if the students and graduates do not hold themselves out
to the public by any title or description of services incorporating
the words "psychological," "psychologist," "psychology,"
"psychometrists," "psychometrics," or "psychometry," or that they do
not state or imply that they are licensed to practice psychology.
(b) Those students and graduates seeking to engage in
psychoanalysis under this chapter shall register with the Medical
Board of California, presenting evidence of their student or graduate
status. The board may suspend or revoke the exemption of those
persons for unprofessional conduct as defined in Sections 726, 2234,
and 2235.
SEC. 20. Section 2650 of the Business and Professions Code is
amended to read:
2650. (a) The physical therapist education requirements are as
follows:
(1) Except as otherwise provided in this chapter, each applicant
for a license as a physical therapist shall be a graduate of a
professional degree program of an accredited postsecondary
institution or institutions approved by the board and shall have
completed a professional education program including academic course
work and clinical internship in physical therapy.
(2) Unless otherwise specified by the board by regulation, the
educational requirements shall include instruction in the subjects
prescribed by the Commission on Accreditation in Physical Therapy
Education (CAPTE) of the American Physical Therapy Association or
Physiotherapy Education Accreditation Canada and shall include a
combination of didactic and clinical experiences. The clinical
experience shall include at least 18 weeks of full-time experience
with a variety of patients.
(b) The physical therapist assistant educational requirements are
as follows:
(1) Except as otherwise provided in this chapter, each applicant
for a license as a physical therapist assistant shall be a graduate
of a physical therapist assistant program of an accredited
postsecondary institution or institutions approved by the board, and
shall have completed both the academic and clinical experience
required by the physical therapist assistant program, and have been
awarded an associate degree.
(2) Unless otherwise specified by the board by regulation, the
educational requirements shall include instruction in the subjects
prescribed by the CAPTE of the American Physical Therapy Association
or Physiotherapy Education Accreditation Canada or another body as
may be approved by the board by regulation and shall include a
combination of didactic and clinical experiences.
SEC. 21. The heading of Article 3.1 (commencing with Section 2770)
of Chapter 6 of Division 2 of the Business and Professions Code is
amended to read:
Article 3.1. Intervention Program
SEC. 22. Section 2770 of the Business and Professions Code is
amended to read:
2770. It is the intent of the Legislature that the Board of
Registered Nursing seek ways and means to identify and rehabilitate
registered nurses whose competency may be impaired due to abuse of
alcohol and other drugs, or due to mental illness so that registered
nurses so afflicted may be rehabilitated and returned to the practice
of nursing in a manner that will not endanger the public health and
safety. It is also the intent of the Legislature that the Board of
Registered Nursing shall implement this legislation by establishing
an intervention program as a voluntary alternative to traditional
disciplinary actions.
SEC. 23. Section 2770.1 of the Business and Professions Code is
amended to read:
2770.1. As used in this article:
(a) "Board" means the Board of Registered Nursing.
(b) "Committee" means an intervention evaluation committee created
by this article.
(c) "Program manager" means the staff manager of the intervention
program, as designated by the executive officer of the board. The
program manager shall have background experience in dealing with
substance abuse issues.
SEC. 24. Section 2770.2 of the Business and Professions Code is
amended to read:
2770.2. (a) One or more intervention evaluation committees is
hereby created in the state to be established by the board. Each
committee shall be composed of five persons appointed by the board.
No board member shall serve on any committee.
(b) Each committee shall have the following composition:
(1) Three registered nurses, holding active California licenses,
who have demonstrated expertise in the field of chemical dependency
or psychiatric nursing.
(2) One physician, holding an active California license, who
specializes in the diagnosis and treatment of addictive diseases or
mental illness.
(3) One public member who is knowledgeable in the field of
chemical dependency or mental illness.
(c) It shall require a majority vote of the board to appoint a
person to a committee. Each appointment shall be at the pleasure of
the board for a term not to exceed four years. In its discretion the
board may stagger the terms of the initial members appointed.
SEC. 25. Section 2770.7 of the Business and Professions Code is
amended to read:
2770.7. (a) The board shall establish criteria for the
acceptance, denial, or termination of registered nurses in the
intervention program. Only those registered nurses who have
voluntarily requested to participate in the intervention program
shall participate in the program.
(b) A registered nurse under current investigation by the board
may request entry into the intervention program by contacting the
board. Prior to authorizing a registered nurse to enter into the
intervention program, the board may require the registered nurse
under current investigation for any violations of this chapter or any
other provision of this code to execute a statement of understanding
that states that the registered nurse understands that his or her
violations that would otherwise be the basis for discipline may still
be investigated and may be the subject of disciplinary action.
(c) If the reasons for a current investigation of a registered
nurse are based primarily on the self-administration of any
controlled substance or dangerous drug or alcohol under Section 2762,
or the illegal possession, prescription, or nonviolent procurement
of any controlled substance or dangerous drug for self-administration
that does not involve actual, direct harm to the public, the board
shall close the investigation without further action if the
registered nurse is accepted into the board's intervention program
and successfully completes the program. If the registered nurse
withdraws or is terminated from the program by an intervention
evaluation committee, and the termination is approved by the program
manager, the investigation shall be reopened and disciplinary action
imposed, if warranted, as determined by the board.
(d) Neither acceptance nor participation in the intervention
program shall preclude the board from investigating or continuing to
investigate, or taking disciplinary action or continuing to take
disciplinary action against, any registered nurse for any
unprofessional conduct committed before, during, or after
participation in the intervention program.
(e) All registered nurses shall sign an agreement of understanding
that the withdrawal or termination from the intervention program at
a time when the program manager or intervention evaluation committee
determines the licentiate presents a threat to the public's health
and safety shall result in the utilization by the board of
intervention program treatment records in disciplinary or criminal
proceedings.
(f) Any registered nurse terminated from the intervention program
for failure to comply with program requirements is subject to
disciplinary action by the board for acts committed before, during,
and after participation in the intervention program. A registered
nurse who has been under investigation by the board and has been
terminated from the intervention program by an intervention
evaluation committee shall be reported by the intervention evaluation
committee to the board.
SEC. 26. Section 2770.8 of the Business and Professions Code is
amended to read:
2770.8. A committee created under this article operates under the
direction of the intervention program manager. The program manager
has the primary responsibility to review and evaluate recommendations
of the committee. Each committee shall have the following duties and
responsibilities:
(a) To evaluate those registered nurses who request participation
in the program according to the guidelines prescribed by the board,
and to make recommendations.
(b) To review and designate those treatment services to which
registered nurses in an intervention program may be referred.
(c) To receive and review information concerning a registered
nurse participating in the program.
(d) To consider in the case of each registered nurse participating
in a program whether he or she may with safety continue or resume
the practice of nursing.
(e) To call meetings as necessary to consider the requests of
registered nurses to participate in an intervention program, and to
consider reports regarding registered nurses participating in a
program.
(f) To make recommendations to the program manager regarding the
terms and conditions of the intervention agreement for each
registered nurse participating in the program, including treatment,
supervision, and monitoring requirements.
SEC. 27. Section 2770.10 of the Business and Professions Code is
amended to read:
2770.10. Notwithstanding Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, relating to public meetings, a committee may convene
in closed session to consider reports pertaining to any registered
nurse requesting or participating in an intervention program. A
committee shall only convene in closed session to the extent that it
is necessary to protect the privacy of such a licentiate.
SEC. 28. Section 2770.11 of the Business and Professions Code is
amended to read:
2770.11. (a) Each registered nurse who requests participation in
an intervention program shall agree to cooperate with the
rehabilitation program designed by the committee and approved by the
program manager. Any failure to comply with a rehabilitation program
may result in termination of the registered nurse's participation in
a program. The name and license number of a registered nurse who is
terminated for any reason, other than successful completion, shall be
reported to the board's enforcement program.
(b) If the program manager determines that a registered nurse, who
is denied admission into the program or terminated from the program,
presents a threat to the public or his or her own health and safety,
the program manager shall report the name and license number, along
with a copy of all intervention program records for that registered
nurse, to the board's enforcement program. The board may use any of
the records it receives under this subdivision in any disciplinary
proceeding.
SEC. 29. Section 2770.12 of the Business and Professions Code is
amended to read:
2770.12. (a) After the committee and the program manager in their
discretion have determined that a registered nurse has successfully
completed the intervention program, all records pertaining to the
registered nurse's participation in the intervention program shall be
purged.
(b) All board and committee records and records of a proceeding
pertaining to the participation of a registered nurse in the
intervention program shall be kept confidential and are not subject
to discovery or subpoena, except as specified in subdivision (b) of
Section 2770.11 and subdivision (c).
(c) A registered nurse shall be deemed to have waived any rights
granted by any laws and regulations relating to confidentiality of
the intervention program, if he or she does any of the following:
(1) Presents information relating to any aspect of the
intervention program during any stage of the disciplinary process
subsequent to the filing of an accusation, statement of issues, or
petition to compel an examination pursuant to Article 12.5
(commencing with Section 820) of Chapter 1. The waiver shall be
limited to information necessary to verify or refute any information
disclosed by the registered nurse.
(2) Files a lawsuit against the board relating to any aspect of
the intervention program.
(3) Claims in defense to a disciplinary action, based on a
complaint that led to the registered nurse's participation in the
intervention program, that he or she was prejudiced by the length of
time that passed between the alleged violation and the filing of the
accusation. The waiver shall be limited to information necessary to
document the length of time the registered nurse participated in the
intervention program.
SEC. 30. Section 2770.13 of the Business and Professions Code is
amended to read:
2770.13. The board shall provide for the legal representation of
any person making reports under this article to a committee or the
board in any action for defamation directly resulting from those
reports regarding a registered nurse's participation in an
intervention program.
SEC. 31. Section 2835.5 of the Business and Professions Code is
amended to read:
2835.5. On and after January 1, 2008, an applicant for initial
qualification or certification as a nurse practitioner under this
article who has not been qualified or certified as a nurse
practitioner in California or any other state shall meet the
following requirements:
(a) Hold a valid and active registered nursing license issued
under this chapter.
(b) Possess a master's degree in nursing, a master's degree in a
clinical field related to nursing, or a graduate degree in nursing.
(c) Satisfactorily complete a nurse practitioner program approved
by the board.
SEC. 32. Section 3057 of the Business and Professions Code is
amended to read:
3057. (a) The board may issue a license to practice optometry to
a person who meets all of the following requirements:
(1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
(2) Has successfully passed the licensing examination for an
optometric license in another state.
(3) Submits proof that he or she is licensed in good standing as
of the date of application in every state where he or she holds a
license, including compliance with continuing education requirements.
(4) Is not subject to disciplinary action as set forth in
subdivision (h) of Section 3110. If the person has been subject to
disciplinary action, the board
shall review that action to determine if it presents sufficient
evidence of a violation of this chapter to warrant the submission of
additional information from the person or the denial of the
application for licensure.
(5) Has furnished a signed release allowing the disclosure of
information from the National Practitioner Database and, if
applicable, the verification of registration status with the federal
Drug Enforcement Administration. The board shall review this
information to determine if it presents sufficient evidence of a
violation of this chapter to warrant the submission of additional
information from the person or the denial of the application for
licensure.
(6) Has never had his or her license to practice optometry revoked
or suspended in any state where the person holds a license.
(7) (A) Is not subject to denial of an application for licensure
based on any of the grounds listed in Section 480.
(B) Is not currently required to register as a sex offender
pursuant to Section 290 of the Penal Code.
(8) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
(9) Has met the certification requirements of Section 3041.3 to
use therapeutic pharmaceutical agents under subdivision (e) of
Section 3041.
(10) Submits any other information as specified by the board to
the extent it is required for licensure by examination under this
chapter.
(11) Files an application on a form prescribed by the board, with
an acknowledgment by the person executed under penalty of perjury and
automatic forfeiture of license, of the following:
(A) That the information provided by the person to the board is
true and correct, to the best of his or her knowledge and belief.
(B) That the person has not been convicted of an offense involving
conduct that would violate Section 810.
(12) Pays an application fee in an amount equal to the application
fee prescribed pursuant to subdivision (a) of Section 3152.
(13) Has successfully passed the board's jurisprudence
examination.
(b) If the board finds that the competency of a candidate for
licensure pursuant to this section is in question, the board may
require the passage of a written, practical, or clinical examination
or completion of additional continuing education or coursework.
(c) In cases where the person establishes, to the board's
satisfaction, that he or she has been displaced by a federally
declared emergency and cannot relocate to his or her state of
practice within a reasonable time without economic hardship, the
board may reduce or waive the fees required by paragraph (12) of
subdivision (a).
(d) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
(e) The term "in good standing," as used in this section, means
that a person under this section:
(1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon a person's professional conduct
or practice, including any voluntary surrender of license, nor been
the subject of an adverse judgment resulting from the practice of
optometry that the board determines constitutes evidence of a pattern
of incompetence or negligence.
(2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a licensed
psychologist or licensed psychiatrist so that the person is unable to
undertake the practice of optometry in a manner consistent with the
safety of a patient or the public.
SEC. 33. Section 3509.5 of the Business and Professions Code is
amended to read:
3509.5. The board shall elect annually a president and a vice
president from among its members.
SEC. 34. Section 4836.2 of the Business and Professions Code is
amended to read:
4836.2. (a) Applications for a veterinary assistant controlled
substance permit shall be upon a form furnished by the board.
(b) The fee for filing an application for a veterinary assistant
controlled substance permit shall be set by the board in an amount
the board determines is reasonably necessary to provide sufficient
funds to carry out the purposes of this section, not to exceed one
hundred dollars ($100).
(c) The board may suspend or revoke the controlled substance
permit of a veterinary assistant after notice and hearing for any
cause provided in this subdivision. The proceedings under this
section shall be conducted in accordance with the provisions for
administrative adjudication in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein. The board may
deny, revoke, or suspend a veterinary assistant controlled substance
permit for any of the following reasons:
(1) The employment of fraud, misrepresentation, or deception in
obtaining a veterinary assistant controlled substance permit.
(2) Chronic inebriety or habitual use of controlled substances.
(3) The veterinary assistant to whom the permit is issued has been
convicted of a state or federal felony controlled substance
violation.
(4) Violating or attempts to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, or of the regulations adopted under
this chapter.
(d) The board shall not issue a veterinary assistant controlled
substance permit to any applicant with a state or federal felony
controlled substance conviction.
(e) (1) As part of the application for a veterinary assistant
controlled substance permit, the applicant shall submit to the
Department of Justice fingerprint images and related information, as
required by the Department of Justice for all veterinary assistant
applicants, for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and information as to the existence and
content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her own recognizance pending trial or appeal.
(2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information that it receives pursuant to this section. The
Department of Justice shall review any information returned to it
from the Federal Bureau of Investigation and compile and disseminate
a response to the board summarizing that information.
(3) The Department of Justice shall provide a state or federal
level response to the board pursuant to paragraph (1) of subdivision
(p) of Section 11105 of the Penal Code.
(4) The Department of Justice shall charge a reasonable fee
sufficient to cover the cost of processing the request described in
this subdivision.
(f) The board shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in paragraph (1) of
subdivision (e).
(g) This section shall become operative on July 1, 2015.
SEC. 35. Section 4887 of the Business and Professions Code is
amended to read:
4887. (a) A person whose license or registration has been revoked
or who has been placed on probation may petition the board for
reinstatement or modification of penalty including modification or
termination of probation after a period of not less than one year has
elapsed from the effective date of the decision ordering the
disciplinary action. The petition shall state such facts as may be
required by the board.
(b) The petition shall be accompanied by at least two verified
recommendations from veterinarians licensed by the board who have
personal knowledge of the activities of the petitioner since the
disciplinary penalty was imposed. The petition shall be heard by the
board. The board may consider all activities of the petitioner since
the disciplinary action was taken, the offense for which the
petitioner was disciplined, the petitioner's activities since the
license or registration was in good standing, and the petitioner's
rehabilitation efforts, general reputation for truth, and
professional ability. The hearing may be continued from time to time
as the board finds necessary.
(c) The board reinstating the license or registration or modifying
a penalty may impose terms and conditions as it determines
necessary. To reinstate a revoked license or registration or to
otherwise reduce a penalty or modify probation shall require a vote
of five of the members of the board.
(d) The petition shall not be considered while the petitioner is
under sentence for any criminal offense, including any period during
which the petitioner is on court-imposed probation or parole. The
board may deny without a hearing or argument any petition filed
pursuant to this section within a period of two years from the
effective date of the prior decision following a hearing under this
section.
SEC. 36. Section 4938 of the Business and Professions Code is
amended to read:
4938. The board shall issue a license to practice acupuncture to
any person who makes an application and meets the following
requirements:
(a) Is at least 18 years of age.
(b) Furnishes satisfactory evidence of completion of one of the
following:
(1) (A) An approved educational and training program.
(B) If an applicant began his or her educational and training
program at a school or college that submitted a letter of intent to
pursue accreditation to, or attained candidacy status from, the
Accreditation Commission for Acupuncture and Oriental Medicine, but
the commission subsequently denied the school or college candidacy
status or accreditation, respectively, the board may review and
evaluate the educational training and clinical experience to
determine whether to waive the requirements set forth in this
subdivision with respect to that applicant.
(2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist that is approved by the board.
(3) In the case of an applicant who has completed education and
training outside the United States, documented educational training
and clinical experience that meets the standards established pursuant
to Sections 4939 and 4941.
(c) Passes a written examination administered by the board that
tests the applicant's ability, competency, and knowledge in the
practice of an acupuncturist. The written examination shall be
developed by the Office of Professional Examination Services of the
Department of Consumer Affairs.
(d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
(e) Completes a clinical internship training program approved by
the board. The clinical internship training program shall not exceed
nine months in duration and shall be located in a clinic in this
state that is an approved educational and training program. The
length of the clinical internship shall depend upon the grades
received in the examination and the clinical training already
satisfactorily completed by the individual prior to taking the
examination. On and after January 1, 1987, individuals with 800 or
more hours of documented clinical training shall be deemed to have
met this requirement. The purpose of the clinical internship training
program shall be to ensure a minimum level of clinical competence.
Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee.
SEC. 37. Section 4939 of the Business and Professions Code, as
added by Section 9 of Chapter 397 of the Statutes of 2014, is amended
to read:
4939. (a) The board shall establish standards for the approval of
educational training and clinical experience received outside the
United States.
(b) This section shall become operative on January 1, 2017.
SEC. 38. Section 4980.399 of the Business and Professions Code is
amended to read:
4980.399. (a) Except as provided in subdivision (a) of Section
4980.398, each applicant and registrant shall obtain a passing score
on a board-administered California law and ethics examination in
order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, with an expiration date no later
than June 30, 2016, and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.
(d) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except as provided in
subdivision (e).
(e) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her renewal period on or after the operative date of
this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by this section shall be taken through a continuing education
provider as specified by the board by regulation, a county, state or
governmental entity, or a college or university.
(f) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(g) Notwithstanding subdivision (f), an applicant who holds or has
held a registration, with an expiration date no later than January
1, 2017, and who applies for a subsequent registration number between
January 1, 2016, and January 1, 2017, shall, if eligible, be allowed
to obtain the subsequent registration number without first passing
the California law and ethics examination. These applicants shall
pass the California law and ethics examination during the next
renewal period or prior to licensure, whichever occurs first.
(h) This section shall become operative on January 1, 2016.
SEC. 39. Section 4980.43 of the Business and Professions Code is
amended to read:
4980.43. (a) To qualify for licensure as specified in Section
4980.40, each applicant shall complete experience related to the
practice of marriage and family therapy under a supervisor who meets
the qualifications set forth in Section 4980.03. The experience shall
comply with the following:
(1) A minimum of 3,000 hours of supervised experience completed
during a period of at least 104 weeks.
(2) A maximum of 40 hours in any seven consecutive days.
(3) A minimum of 1,700 hours obtained after the qualifying master'
s or doctoral degree was awarded.
(4) A maximum of 1,300 hours obtained prior to the award date of
the qualifying master's or doctoral degree.
(5) A maximum of 750 hours of counseling and direct supervisor
contact prior to the award date of the qualifying master's or
doctoral degree.
(6) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction.
(7) No hours of experience may be gained more than six years prior
to the date the application for examination eligibility was filed,
except that up to 500 hours of clinical experience gained in the
supervised practicum required by subdivision (c) of Section 4980.37
and subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 shall be exempt from this six-year requirement.
(8) A minimum of 1,750 hours of direct counseling with
individuals, groups, couples, or families, that includes not less
than 500 total hours of experience in diagnosing and treating
couples, families, and children.
(9) A maximum of 1,250 hours of nonclinical practice, consisting
of direct supervisor contact, administering and evaluating
psychological tests, writing clinical reports, writing progress or
process notes, client centered advocacy, and workshops, seminars,
training sessions, or conferences directly related to marriage and
family therapy that have been approved by the applicant's supervisor.
(10) It is anticipated and encouraged that hours of experience
will include working with elders and dependent adults who have
physical or mental limitations that restrict their ability to carry
out normal activities or protect their rights.
This subdivision shall only apply to hours gained on and after
January 1, 2010.
(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2020, may
alternatively qualify under the experience requirements that were in
place on January 1, 2015.
(c) All applicants, trainees, and registrants shall be at all
times under the supervision of a supervisor who shall be responsible
for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the
person being supervised, and who shall be responsible to the board
for compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience shall
be gained by an intern or trainee only as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by an intern or trainee
as an independent contractor.
(1) If employed, an intern shall provide the board with copies of
the corresponding W-2 tax forms for each year of experience claimed
upon application for licensure.
(2) If volunteering, an intern shall provide the board with a
letter from his or her employer verifying the intern's employment as
a volunteer upon application for licensure.
(d) Except for experience gained by attending workshops, seminars,
training sessions, or conferences as described in paragraph (9) of
subdivision (a), supervision shall include at least one hour of
direct supervisor contact in each week for which experience is
credited in each work setting, as specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting. No more than six hours of supervision, whether
individual or group, shall be credited during any single week.
(2) An individual supervised after being granted a qualifying
degree shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
client contact is gained in each setting. No more than six hours of
supervision, whether individual or group, shall be credited during
any single week.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour per week of face-to-face contact on an
individual basis or two hours per week of face-to-face contact in a
group.
(4) Direct supervisor contact shall occur within the same week as
the hours claimed.
(5) Direct supervisor contact provided in a group shall be
provided in a group of not more than eight supervisees and in
segments lasting no less than one continuous hour.
(6) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(7) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation.
(8) The six hours of supervision that may be credited during any
single week pursuant to paragraphs (1) and (2) shall apply to
supervision hours gained on or after January 1, 2009.
(e) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed professional clinical counselor, a
licensed psychologist, a licensed clinical social worker, a licensed
physician and surgeon, or a professional corporation of any of those
licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(f) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (e), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied subdivision (g) of Section 4980.03. The supervising
licensee shall either be employed by and practice at the same site as
the intern's employer, or shall be an owner or shareholder of the
private practice. Alternative supervision may be arranged during a
supervisor's vacation or sick leave if the supervision meets the
requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(g) Except as provided in subdivision (h), all persons shall
register with the board as an intern to be credited for postdegree
hours of supervised experience gained toward licensure.
(h) Postdegree hours of experience shall be credited toward
licensure so long as the applicant applies for the intern
registration within 90 days of the granting of the qualifying master'
s or doctoral degree and is thereafter granted the intern
registration by the board. An applicant shall not be employed or
volunteer in a private practice until registered as an intern by the
board.
(i) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(j) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. For purposes of paragraph (3)
of subdivision (a) of Section 2290.5, interns and trainees working
under licensed supervision, consistent with subdivision (c), may
provide services via telehealth within the scope authorized by this
chapter and in accordance with any regulations governing the use of
telehealth promulgated by the board. Trainees and interns shall have
no proprietary interest in their employers' businesses and shall not
lease or rent space, pay for furnishings, equipment, or supplies, or
in any other way pay for the obligations of their employers.
(k) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars ($500) per month as
reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered employees
and not independent contractors. The board may audit applicants who
receive reimbursement for expenses, and the applicants shall have the
burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(l) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
SEC. 40. Section 4980.54 of the Business and Professions Code is
amended to read:
4980.54. (a) The Legislature recognizes that the education and
experience requirements in this chapter constitute only minimal
requirements to ensure that an applicant is prepared and qualified to
take the licensure examinations as specified in subdivision (d) of
Section 4980.40 and, if he or she passes those examinations, to begin
practice.
(b) In order to continuously improve the competence of licensed
marriage and family therapists and as a model for all
psychotherapeutic professions, the Legislature encourages all
licensees to regularly engage in continuing education related to the
profession or scope of practice as defined in this chapter.
(c) Except as provided in subdivision (e), the board
shall not renew any license pursuant to this chapter unless the
applicant certifies to the board, on a form prescribed by the board,
that he or she has completed not less than 36 hours of approved
continuing education in or relevant to the field of marriage and
family therapy in the preceding two years, as determined by the
board.
(d) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as defined by
the board.
(f) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school or state-approved school that meets the
requirements set forth in Section 4980.36 or 4980.37. Nothing in this
paragraph shall be construed as requiring coursework to be offered
as part of a regular degree program.
(2) Other continuing education providers, as specified by the
board by regulation.
(g) The board shall establish, by regulation, a procedure for
identifying acceptable providers of continuing education courses, and
all providers of continuing education, as described in paragraphs
(1) and (2) of subdivision (f), shall adhere to procedures
established by the board. The board may revoke or deny the right of a
provider to offer continuing education coursework pursuant to this
section for failure to comply with this section or any regulation
adopted pursuant to this section.
(h) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in
which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of marriage and family therapy.
(i) A system of continuing education for licensed marriage and
family therapists shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (f)
shall be deemed to be an approved provider.
(k) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 41. Section 4984.01 of the Business and Professions Code, as
amended by Section 31 of Chapter 473 of the Statutes of 2013, is
amended to read:
4984.01. (a) The marriage and family therapist intern
registration shall expire one year from the last day of the month in
which it was issued.
(b) To renew the registration, the registrant shall, on or before
the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Participate in the California law and ethics examination
pursuant to Section 4980.399 each year until successful completion of
this examination.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken against him or her by a regulatory
or licensing board in this or any other state subsequent to the last
renewal of the registration.
(c) The registration may be renewed a maximum of five times. No
registration shall be renewed or reinstated beyond six years from the
last day of the month during which it was issued, regardless of
whether it has been revoked. When no further renewals are possible,
an applicant may apply for and obtain a subsequent intern
registration number if the applicant meets the educational
requirements for registration in effect at the time of the
application for a subsequent intern registration number and has
passed the California law and ethics examination described in Section
4980.399. An applicant who is issued a subsequent intern
registration number pursuant to this subdivision shall not be
employed or volunteer in a private practice.
(d) This section shall become operative on January 1, 2016.
SEC. 42. Section 4989.34 of the Business and Professions Code is
amended to read:
4989.34. (a) To renew his or her license, a licensee shall
certify to the board, on a form prescribed by the board, completion
in the preceding two years of not less than 36 hours of approved
continuing education in, or relevant to, educational psychology.
(b) (1) The continuing education shall be obtained from either an
accredited university or a continuing education provider as specified
by the board by regulation.
(2) The board shall establish, by regulation, a procedure
identifying acceptable providers of continuing education courses, and
all providers of continuing education shall comply with procedures
established by the board. The board may revoke or deny the right of a
provider to offer continuing education coursework pursuant to this
section for failure to comply with this section or any regulation
adopted pursuant to this section.
(c) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of educational psychology.
(2) Aspects of the discipline of educational psychology in which
significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of educational psychology.
(d) The board may audit the records of a licensee to verify
completion of the continuing education requirement. A licensee shall
maintain records of the completion of required continuing education
coursework for a minimum of two years and shall make these records
available to the board for auditing purposes upon its request.
(e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as determined
by the board.
(f) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The amount of the fees
shall be sufficient to meet, but shall not exceed, the costs of
administering this section.
(g) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 43. Section 4992.09 of the Business and Professions Code is
amended to read:
4992.09. (a) Except as provided in subdivision (a) of Section
4992.07, an applicant and registrant shall obtain a passing score on
a board-administered California law and ethics examination in order
to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, with an expiration date no later
than June 30, 2016, and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.
(d) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except for as provided
in subdivision (e).
(e) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her renewal period on or after the operative date of
this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by this section shall be taken through a continuing education
provider, as specified by the board by regulation, a county, state or
governmental entity, or a college or university.
(f) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(g) Notwithstanding subdivision (f), an applicant who holds or has
held a registration, with an expiration date no later than January
1, 2017, and who applies for a subsequent registration number between
January 1, 2016, and January 1, 2017, shall, if eligible, be allowed
to obtain the subsequent registration number without first passing
the California law and ethics examination. These applicants shall
pass the California law and ethics examination during the next
renewal period or prior to licensure, whichever occurs first.
(h) This section shall become operative on January 1, 2016.
SEC. 44. Section 4996.2 of the Business and Professions Code is
amended to read:
4996.2. Each applicant for a license shall furnish evidence
satisfactory to the board that he or she complies with all of the
following requirements:
(a) Is at least 21 years of age.
(b) Has received a master's degree from an accredited school of
social work.
(c) Has had two years of supervised post-master's degree
experience, as specified in Section 4996.23.
(d) Has not committed any crimes or acts constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of any
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
(e) Has completed adequate instruction and training in the subject
of alcoholism and other chemical substance dependency. This
requirement applies only to applicants who matriculate on or after
January 1, 1986.
(f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. This requirement
applies to an applicant who began graduate training during the period
commencing on January 1, 1995, and ending on December 31, 2003. An
applicant who began graduate training on or after January 1, 2004,
shall complete a minimum of 15 contact hours of coursework in spousal
or partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics. Coursework required under this
subdivision may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
(g) Has completed a minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 1807 of Title
16 of the California Code of Regulations. This training or coursework
may be satisfactory if taken either in fulfillment of other
educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 1807.2 of Title 16 of the California Code of Regulations.
This training or coursework may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
SEC. 45. Section 4996.22 of the Business and Professions Code is
amended to read:
4996.22. (a) (1) Except as provided in subdivision (c), the board
shall not renew any license pursuant to this chapter unless the
applicant certifies to the board, on a form prescribed by the board,
that he or she has completed not less than 36 hours of approved
continuing education in or relevant to the field of social work in
the preceding two years, as determined by the board.
(2) The board shall not renew any license of an applicant who
began graduate study prior to January 1, 2004, pursuant to this
chapter unless the applicant certifies to the board that during the
applicant's first renewal period after the operative date of this
section, he or she completed a continuing education course in spousal
or partner abuse assessment, detection, and intervention strategies,
including community resources, cultural factors, and same gender
abuse dynamics. On and after January 1, 2005, the course shall
consist of not less than seven hours of training. Equivalent courses
in spousal or partner abuse assessment, detection, and intervention
strategies taken prior to the operative date of this section or proof
of equivalent teaching or practice experience may be submitted to
the board and at its discretion, may be accepted in satisfaction of
this requirement. Continuing education courses taken pursuant to this
paragraph shall be applied to the 36 hours of approved continuing
education required under paragraph (1).
(b) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(c) The board may establish exceptions from the continuing
education requirement of this section for good cause as defined by
the board.
(d) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school of social work, as defined in Section
4991.2, or a school or department of social work that is a candidate
for accreditation by the Commission on Accreditation of the Council
on Social Work Education. Nothing in this paragraph shall be
construed as requiring coursework to be offered as part of a regular
degree program.
(2) Other continuing education providers, as specified by the
board by regulation.
(e) The board shall establish, by regulation, a procedure for
identifying acceptable providers of continuing education courses, and
all providers of continuing education, as described in paragraphs
(1) and (2) of subdivision (d), shall adhere to the procedures
established by the board. The board may revoke or deny the right of a
provider to offer continuing education coursework pursuant to this
section for failure to comply with this section or any regulation
adopted pursuant to this section.
(f) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding, or the practice, of social work.
(2) Aspects of the social work discipline in which significant
recent developments have occurred.
(3) Aspects of other related disciplines that enhance the
understanding, or the practice, of social work.
(g) A system of continuing education for licensed clinical social
workers shall include courses directly related to the diagnosis,
assessment, and treatment of the client population being served.
(h) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
(i) The board may adopt regulations as necessary to implement this
section.
(j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (d)
shall be deemed to be an approved provider.
SEC. 46. Section 4996.28 of the Business and Professions Code is
amended to read:
4996.28. (a) Registration as an associate clinical social worker
shall expire one year from the last day of the month during which it
was issued. To renew a registration, the registrant shall, on or
before the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken by a regulatory or licensing board
in this or any other state, subsequent to the last renewal of the
registration.
(4) On and after January 1, 2016, obtain a passing score on the
California law and ethics examination pursuant to Section 4992.09.
(b) A registration as an associate clinical social worker may be
renewed a maximum of five times. When no further renewals are
possible, an applicant may apply for and obtain a subsequent
associate clinical social worker registration number if the applicant
meets all requirements for registration in effect at the time of his
or her application for a subsequent associate clinical social worker
registration number. An applicant issued a subsequent associate
registration number pursuant to this subdivision shall not be
employed or volunteer in a private practice.
SEC. 47. Section 4999.1 of the Business and Professions Code is
amended to read:
4999.1. Application for registration as a telephone medical
advice service shall be made on a form prescribed by the department,
accompanied by the fee prescribed pursuant to Section 4999.5. The
department shall make application forms available. Applications shall
contain all of the following:
(a) The signature of the individual owner of the telephone medical
advice service, or of all of the partners if the service is a
partnership, or of the president or secretary if the service is a
corporation. The signature shall be accompanied by a resolution or
other written communication identifying the individual whose
signature is on the form as owner, partner, president, or secretary.
(b) The name under which the person applying for the telephone
medical advice service proposes to do business.
(c) The physical address, mailing address, and telephone number of
the business entity.
(d) The designation, including the name and physical address, of
an agent for service of process in California.
(e) A list of all health care professionals providing medical
advice services that are required to be licensed, registered, or
certified pursuant to this chapter. This list shall be submitted to
the department on a form to be prescribed by the department and shall
include, but not be limited to, the name, state of licensure, type
of license, and license number.
(f) The department shall be notified within 30 days of any change
of name, physical location, mailing address, or telephone number of
any business, owner, partner, corporate officer, or agent for service
of process in California, together with copies of all resolutions or
other written communications that substantiate these changes.
SEC. 48. Section 4999.2 of the Business and Professions Code is
amended to read:
4999.2. (a) In order to obtain and maintain a registration, a
telephone medical advice service shall comply with the requirements
established by the department. Those requirements shall include, but
shall not be limited to, all of the following:
(1) (A) Ensuring that all health care professionals who provide
medical advice services are appropriately licensed, certified, or
registered as a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) or the Osteopathic Initiative Act, as
a dentist, dental hygienist, dental hygienist in alternative
practice, or dental hygienist in extended functions pursuant to
Chapter 4 (commencing with Section 1600), as an occupational
therapist pursuant to Chapter 5.6 (commencing with Section 2570), as
a registered nurse pursuant to Chapter 6 (commencing with Section
2700), as a psychologist pursuant to Chapter 6.6 (commencing with
Section 2900), as a naturopathic doctor pursuant to Chapter 8.2
(commencing with Section 3610), as a marriage and family therapist
pursuant to Chapter 13 (commencing with Section 4980), as a licensed
clinical social worker pursuant to Chapter 14 (commencing with
Section 4991), as a licensed professional clinical counselor pursuant
to Chapter 16 (commencing with Section 4999.10), as an optometrist
pursuant to Chapter 7 (commencing with Section 3000), or as a
chiropractor pursuant to the Chiropractic Initiative Act, and
operating consistent with the laws governing their respective scopes
of practice in the state within which they provide telephone medical
advice services, except as provided in paragraph (2).
(B) Ensuring that all health care professionals who provide
telephone medical advice services from an out-of-state location, as
identified in subparagraph (A), are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(3) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(4) Ensuring that no staff member uses a title or designation when
speaking to an enrollee, subscriber, or consumer that may cause a
reasonable person to believe that the staff member is a licensed,
certified, or registered health care professional described in
subparagraph (A) of paragraph (1), unless the staff member is a
licensed, certified, or registered professional.
(5) Complying with all directions and requests for information
made by the department.
(6) Notifying the department within 30 days of any change of name,
physical location, mailing address, or telephone number of any
business, owner, partner, corporate officer, or agent for service of
process in California, together with copies of all resolutions or
other written communications that substantiate these changes.
(7) Submitting quarterly reports, on a form prescribed by the
department, to the department within 30 days of the end of each
calendar quarter.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
SEC. 49. Section 4999.3 of the Business and Professions Code is
amended to read:
4999.3. (a) The department may suspend, revoke, or otherwise
discipline a registrant or deny an application for registration as a
telephone medical advice service based on any of the following:
(1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant or any employee of the registrant.
(2) An act of dishonesty or fraud by the registrant or any
employee of the registrant.
(3) The commission of any act, or being convicted of a crime, that
constitutes grounds for denial or revocation of licensure pursuant
to any provision of this division.
(b) The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, and the department shall have all powers
granted therein.
(c) Copies of any complaint against a telephone medical advice
service shall be forwarded to the Department of Managed Health Care.
(d) The department shall forward a copy of any complaint submitted
to the department pursuant to this chapter to the entity that issued
the license to the licensee involved in the advice provided to the
patient.
SEC. 50. Section 4999.4 of the Business and Professions Code is
amended to read:
4999.4. (a) Every registration issued to a telephone medical
advice service shall expire 24 months after the initial date of
issuance.
(b) To renew an unexpired registration, the registrant shall,
before the time at which the registration would otherwise expire, pay
the renewal fee authorized by Section 4999.5.
(c) An expired registration may be renewed at any time within
three years after its expiration upon the filing of an application
for renewal on a form prescribed by the bureau and the payment of all
fees authorized by Section 4999.5. A registration that is not
renewed within three years following its expiration shall not be
renewed, restored, or reinstated thereafter, and the delinquent
registration shall be canceled immediately upon expiration of the
three-year period.
SEC. 51. Section 4999.5 of the Business and Professions Code is
amended to read:
4999.5. The department may set fees for registration and renewal
as a telephone medical advice service sufficient to pay the costs of
administration of this chapter.
SEC. 52. Section 4999.7 of the Business and Professions Code is
amended to read:
4999.7. (a) This section does not limit, preclude, or otherwise
interfere with the practices of other persons licensed or otherwise
authorized to practice, under any other provision of this division,
telephone medical advice services consistent with the laws governing
their respective scopes of practice, or licensed under the
Osteopathic Initiative Act or the Chiropractic Initiative Act and
operating consistent with the laws governing their respective
scopes of practice.
(b) For purposes of this chapter, "telephone medical advice" means
a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(c) For purposes of this chapter, "health care professional" is an
employee or independent contractor described in Section 4999.2 who
provides medical advice services and is appropriately licensed,
certified, or registered as a dentist, dental hygienist, dental
hygienist in alternative practice, or dental hygienist in extended
functions pursuant to Chapter 4 (commencing with Section 1600), as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a registered nurse
pursuant to Chapter 6 (commencing with Section 2700), as a
psychologist pursuant to Chapter 6.6 (commencing with Section 2900),
as a naturopathic doctor pursuant to Chapter 8.2 (commencing with
Section 3610), as an optometrist pursuant to Chapter 7 (commencing
with Section 3000), as a marriage and family therapist pursuant to
Chapter 13 (commencing with Section 4980), as a licensed clinical
social worker pursuant to Chapter 14 (commencing with Section 4991),
as a licensed professional clinical counselor pursuant to Chapter 16
(commencing with Section 4999.10), or as a chiropractor pursuant to
the Chiropractic Initiative Act, and who is operating consistent with
the laws governing his or her respective scopes of practice in the
state in which he or she provides telephone medical advice services.
SEC. 53. Section 4999.45 of the Business and Professions Code, as
amended by Section 54 of Chapter 473 of the Statutes of 2013, is
amended to read:
4999.45. (a) An intern employed under this chapter shall:
(1) Not perform any duties, except for those services provided as
a clinical counselor trainee, until registered as an intern.
(2) Not be employed or volunteer in a private practice until
registered as an intern.
(3) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(4) Renew annually for a maximum of five years after initial
registration with the board.
(b) When no further renewals are possible, an applicant may apply
for and obtain a subsequent intern registration number if the
applicant meets the educational requirements for registration in
effect at the time of the application for a subsequent intern
registration number and has passed the California law and ethics
examination described in Section 4999.53. An applicant issued a
subsequent intern registration number pursuant to this subdivision
shall not be employed or volunteer in a private practice.
(c) This section shall become operative on January 1, 2016.
SEC. 54. Section 4999.46 of the Business and Professions Code, as
amended by Section 3 of Chapter 435 of the Statutes of 2014, is
amended to read:
4999.46. (a) To qualify for licensure as specified in Section
4999.50, applicants shall complete experience related to the practice
of professional clinical counseling under an approved supervisor.
The experience shall comply with the following:
(1) A minimum of 3,000 postdegree hours of supervised experience
performed over a period of not less than two years (104 weeks).
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,750 hours of direct counseling with
individuals, groups, couples, or families in a setting described in
Section 4999.44 using a variety of psychotherapeutic techniques and
recognized counseling interventions within the scope of practice of
licensed professional clinical counselors.
(4) Not less than 150 hours of clinical experience in a hospital
or community mental health setting, as defined in Section 1820 of
Title 16 of the California Code of Regulations.
(5) A maximum of 1,250 hours of nonclinical practice, consisting
of direct supervisor contact, administering and evaluating
psychological tests, writing clinical reports, writing progress or
process notes, client centered advocacy, and workshops, seminars,
training sessions, or conferences directly related to professional
clinical counseling that have been approved by the applicant's
supervisor.
(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2020, may
alternatively qualify under the experience requirements that were in
place on January 1, 2015.
(c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.
(d) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is thereafter granted the intern registration by the board. An
applicant shall not be employed or volunteer in a private practice
until registered as an intern by the board.
(e) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional clinical counseling.
(f) 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. Experience obtained under
the supervision of a supervisor with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
(g) Except for experience gained by attending workshops, seminars,
training sessions, or conferences as described in paragraph (5) of
subdivision (a), supervision shall include at least one hour of
direct supervisor contact in each week for which experience is
credited in each work setting.
(1) No more than six hours of supervision, whether individual or
group, shall be credited during any single week. This paragraph shall
apply to supervision hours gained on or after January 1, 2009.
(2) An intern shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons in segments lasting no less than one continuous
hour.
(4) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable, may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(h) This section shall become operative on January 1, 2016.
SEC. 55. Section 4999.55 of the Business and Professions Code is
amended to read:
4999.55. (a) Each applicant and registrant shall obtain a passing
score on a board-administered California law and ethics examination
in order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, with an expiration date no later
than June 30, 2016, and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.
(d) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application, except as provided in
subdivision (e).
(e) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her renewal period on or after the operative date of
this section, he or she shall complete, at minimum, a 12-hour course
in California law and ethics in order to be eligible to participate
in the California law and ethics examination. Registrants shall only
take the 12-hour California law and ethics course once during a
renewal period. The 12-hour law and ethics course required by this
section shall be taken through a continuing education provider as
specified by the board by regulation, a county, state, or
governmental entity, or a college or university.
(f) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(g) Notwithstanding subdivision (f), an applicant who holds or has
held a registration, with an expiration date no later than January
1, 2017, and who applies for a subsequent registration number between
January 1, 2016, and January 1, 2017, shall, if eligible, be allowed
to obtain the subsequent registration number without first passing
the California law and ethics examination. These applicants shall
pass the California law and ethics examination during the next
renewal period or prior to licensure, whichever occurs first.
(h) This section shall become operative January 1, 2016.
SEC. 56. Section 4999.76 of the Business and Professions Code is
amended to read:
4999.76. (a) Except as provided in subdivision (c), the board
shall not renew any license pursuant to this chapter unless the
applicant certifies to the board, on a form prescribed by the board,
that he or she has completed not less than 36 hours of approved
continuing education in or relevant to the field of professional
clinical counseling in the preceding two years, as determined by the
board.
(b) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completed
continuing education coursework for a minimum of two years and shall
make these records available to the board for auditing purposes upon
request.
(c) The board may establish exceptions from the continuing
education requirement of this section for good cause, as defined by
the board.
(d) The continuing education shall be obtained from one of the
following sources:
(1) A school, college, or university that is accredited or
approved, as defined in Section 4999.12. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of a
regular degree program.
(2) Other continuing education providers as specified by the board
by regulation.
(e) The board shall establish, by regulation, a procedure for
identifying acceptable providers of continuing education courses, and
all providers of continuing education, as described in paragraphs
(1) and (2) of subdivision (d), shall adhere to procedures
established by the board. The board may revoke or deny the right of a
provider to offer continuing education coursework pursuant to this
section for failure to comply with this section or any regulation
adopted pursuant to this section.
(f) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of professional clinical counseling.
(2) Significant recent developments in the discipline of
professional clinical counseling.
(3) Aspects of other disciplines that enhance the understanding or
the practice of professional clinical counseling.
(g) A system of continuing education for licensed professional
clinical counselors shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(h) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For the purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (d)
shall be deemed to be an approved provider.
(i) The continuing education requirements of this section shall
fully comply with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 57. Section 4999.100 of the Business and Professions Code, as
amended by Section 66 of Chapter 473 of the Statutes of 2013, is
amended to read:
4999.100. (a) An intern registration shall expire one year from
the last day of the month in which it was issued.
(b) To renew a registration, the registrant on or before the
expiration date of the registration, shall do the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the registrant's last
renewal.
(4) Participate in the California law and ethics examination
pursuant to Section 4999.53 each year until successful completion of
this examination.
(c) The intern registration may be renewed a maximum of five
times. Registration shall not be renewed or reinstated beyond six
years from the last day of the month during which it was issued,
regardless of whether it has been revoked. When no further renewals
are possible, an applicant may apply for and obtain a subsequent
intern registration number if the applicant meets the educational
requirements for registration in effect at the time of the
application for a subsequent intern registration number and has
passed the California law and ethics examination described in Section
4999.53. An applicant who is issued a subsequent intern registration
number pursuant to this subdivision shall not be employed or
volunteer in a private practice.
(d) This section shall become operative on January 1, 2016.
SEC. 58. Section 15.5 of this bill incorporates amendments to
Section 1944 of the Business and Professions Code proposed by both
this bill and Assembly Bill 483. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 1944 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
483, in which case Section 15 of this bill shall not become
operative.
SEC. 59. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
