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AB-451 Healing arts: therapists and counselors: licensing.(2013-2014)

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Assembly Bill No. 451
CHAPTER 551

An act to amend Sections 4980.72, 4980.74, 4980.78, 4980.80, 4980.90, 4999.57, 4999.58, 4999.59, 4999.60, 4999.61, and 4999.62 of the Business and Professions Code, relating to healing arts.

[ Approved by Governor  October 04, 2013. Filed with Secretary of State  October 04, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 451, Eggman. Healing arts: therapists and counselors: licensing.
Existing law provides for the licensure or registration and regulation of marriage and family therapists and interns and professional clinical counselors by the Board of Behavioral Sciences. Under existing law, the board may issue a license to an applicant who holds a valid license from another state if, among other requirements, his or her education and supervised experience requirements are substantially similar, as specified. Under existing law, for marriage and family therapist applicants who apply for licensure or professional clinical counselor applicants who apply for examination eligibility or registration, the board is required to accept education gained outside of California toward applicable requirements if it is substantially similar and the applicant completes certain coursework and training, and may accept education as substantially equivalent if it meets certain requirements, including the completion of at least 48 semester or 72 quarter units of instruction, as specified. These provisions apply to marriage and family therapist applicants who apply between January 1, 2010, and December 31, 2013, and to professional clinical counselor applicants who apply between January 1, 2011, and December 31, 2013, and are operative until January 1, 2014.
This bill would extend the application of those provisions to December 31, 2015, and extend the operative date of those provisions to January 1, 2016.
Under existing law, for a marriage and family therapist applicant who holds a valid license from another state and who applies for licensure on or after January 1, 2014, and a professional clinical counselor applicant who holds a valid license from another state and who applies for examination eligibility on or after January 1, 2014, the board may issue a license to that person if, among other requirements, his or her supervised experience is substantially equivalent. For an applicant who does not hold a license, the board is required to accept experience and education gained outside of California toward the licensure or registration requirements if it is substantially equivalent. Under existing law, education is substantially equivalent if it meets certain requirements, including the completion of credit level coursework from a degree-granting institution that provides specified instruction and an 18-hour course in California law and professional ethics.
This bill would delay the application of those provisions to January 1, 2016.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4980.72 of the Business and Professions Code is amended to read:

4980.72.
 (a) This section applies to persons who are licensed outside of California and apply for licensure on or after January 1, 2016.
(b) The board may issue a license to a person who, at the time of submitting an application for a license pursuant to this chapter, holds a valid license in good standing issued by a board of marriage counselor examiners, board of marriage and family therapists, or corresponding authority, of any state or country, if all of the following conditions are satisfied:
(1) The applicant’s education is substantially equivalent, as defined in Section 4980.78. The applicant’s degree title need not be identical to that required by Section 4980.36 or 4980.37.
(2) The applicant complies with Section 4980.76, if applicable.
(3) The applicant’s supervised experience is substantially equivalent to that required for a license under this chapter. The board shall consider hours of experience obtained outside of California during the six-year period immediately preceding the date the applicant initially obtained the license described above.
(4) The applicant passes the California law and ethics examination.
(5) The applicant passes a clinical examination designated by the board. An applicant who obtained his or her license or registration under another jurisdiction may apply for licensure with the board without taking the clinical examination if both of the following conditions are met:
(A) The applicant obtained a passing score on the licensing examination set forth in regulation as accepted by the board.
(B) The applicant’s license or registration in that jurisdiction is in good standing at the time of his or her application and has not been revoked, suspended, surrendered, denied, or otherwise restricted or encumbered as a result of any disciplinary proceeding brought by the licensing authority of that jurisdiction.

SEC. 2.

 Section 4980.74 of the Business and Professions Code is amended to read:

4980.74.
 (a) This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4980.72.
(b) The board shall accept education gained while residing outside of California for purposes of satisfying licensure or registration requirements if the education is substantially equivalent, as defined in Section 4980.78, and the applicant complies with Section 4980.76, if applicable. The applicant’s degree title need not be identical to that required by Section 4980.36 or 4980.37.
(c) The board shall accept experience gained outside of California for purposes of satisfying licensure or registration requirements if the experience is substantially equivalent to that required by this chapter.

SEC. 3.

 Section 4980.78 of the Business and Professions Code is amended to read:

4980.78.
 (a) This section applies to persons who apply for licensure or registration on or after January 1, 2016.
(b) For purposes of Sections 4980.72 and 4980.74, education is substantially equivalent if all of the following requirements are met:
(1) The degree is obtained from a school, college, or university accredited by an accrediting agency recognized by the United States Department of Education and consists of, at a minimum, 48 semester or 72 quarter units, including, but not limited to, both of the following:
(A) Six semester or nine quarter units of practicum, including, but not limited to, a minimum of 150 hours of face-to-face counseling.
(B) Twelve semester or 18 quarter units in the areas of marriage, family, and child counseling and marital and family systems approaches to treatment, as specified in subparagraph (A) of paragraph (1) of subdivision (d) of Section 4980.36.
(2) The applicant completes any units and course content requirements under subdivision (d) of Section 4980.36 not already completed in his or her education.
(3) The applicant completes credit level coursework from a degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery model practice environments.
(B) An understanding of various California cultures and the social and psychological implications of socioeconomic position.
(C) Structured meeting with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(D) Instruction in addiction and co-occurring substance abuse and mental health disorders, as specified in subparagraph (I) of paragraph (2) of subdivision (d) of Section 4980.36.
(4) The applicant completes an 18-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, differences in legal and ethical standards in different types of work settings, and licensing law and licensing process.
(5) The applicant’s degree title need not be identical to that required by subdivision (b) of Section 4980.36.

SEC. 4.

 Section 4980.80 of the Business and Professions Code is amended to read:

4980.80.
 (a) This section applies to persons who apply for licensure between January 1, 2010, and December 31, 2015, inclusive.
(b) The board may issue a license to a person who, at the time of application, holds a valid license issued by a board of marriage counselor examiners, marriage therapist examiners, or corresponding authority of any state, if all of the following requirements are satisfied:
(1) The person has held that license for at least two years immediately preceding the date of application.
(2) The education and supervised experience requirements are substantially the equivalent of this chapter.
(3) The person complies with Section 4980.76, if applicable.
(4) The person successfully completes the board administered licensing examinations as specified by subdivision (d) of Section 4980.40 and pays the fees specified.
(5) The person completes all of the following coursework or training:
(A) (i) An applicant who completed a two semester or three quarter unit course in law and professional ethics for marriage and family therapists that does not meet the requirements of Section 4980.41 as part of his or her qualifying degree shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, the following subjects: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws relating to the confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to patients.
(ii) An applicant who has not completed a two semester or three quarter unit course in law and professional ethics for marriage and family therapists that included areas of study as specified in Section 4980.41 as part of his or her qualifying degree, shall complete a two semester or three quarter unit course in California law and professional ethics that includes, at minimum, the areas of study specified in Section 4980.41.
(B) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated thereunder.
(C) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25 and any regulations promulgated thereunder.
(D) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency as specified by regulation.
(E) (i) Instruction in spousal or partner abuse assessment, detection, and intervention. This instruction may be taken either in fulfillment of other requirements for licensure or in a separate course.
(ii) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(F) A minimum of a two semester or three quarter unit survey course in psychological testing. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(G) A minimum of a two semester or three quarter unit survey course in psychopharmacology. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(H) With respect to human sexuality, alcoholism and other chemical substance dependency, spousal or partner abuse assessment, detection, and intervention, psychological testing, and psychopharmacology, the board may accept training or coursework acquired out of state.
(c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

SEC. 5.

 Section 4980.90 of the Business and Professions Code is amended to read:

4980.90.
 (a) This section applies to persons who apply for licensure between January 1, 2010, and December 31, 2015, inclusive.
(b) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to that required by this chapter, if the applicant complies with Section 4980.76, if applicable, and if the applicant has gained a minimum of 250 hours of supervised experience in direct counseling within California while registered as an intern with the board. The board shall consider hours of experience obtained in another state during the six-year period immediately preceding the applicant’s initial licensure by that state as a marriage and family therapist.
(c) Education gained while residing outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to the education requirements of this chapter, and if the applicant has completed all of the following:
(1) A two semester or three quarter unit course in California law and professional ethics for marriage, family, and child counselors that shall include areas of study as specified in Section 4980.41.
(2) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in sexuality as specified in Section 25 and any regulations promulgated thereunder.
(4) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency as specified by regulation.
(5) (A) Instruction in spousal or partner abuse assessment, detection, and intervention. This instruction may be taken either in fulfillment of other educational requirements for licensure or in a separate course.
(B) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(6) A minimum of a two semester or three quarter unit survey course in psychological testing. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(7) A minimum of a two semester or three quarter unit survey course in psychopharmacology. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(8) With respect to human sexuality, alcoholism and other chemical substance dependency, spousal or partner abuse assessment, detection, and intervention, psychological testing, and psychopharmacology, the board may accept training or coursework acquired out of state.
(d) For purposes of this section, the board may, in its discretion, accept education as substantially equivalent if the applicant meets both of the following requirements:
(1) The applicant has been granted a degree in a single integrated program primarily designed to train marriage and family therapists.
(2) The applicant’s education meets the requirements of Section 4980.37. The degree title need not be identical to that required by subdivision (b) of Section 4980.37. If the applicant’s degree does not contain the content or the overall units required by Section 4980.37, the board may, in its discretion, accept the applicant’s education as substantially equivalent if the following criteria are satisfied:
(A) The applicant’s degree contains the required number of practicum units and coursework required in the areas of marriage, family, and child counseling and marital and family systems approaches to treatment as specified in Section 4980.37.
(B) The applicant remediates his or her specific deficiency by completing the course content and the units required by Section 4980.37.
(C) The applicant’s degree otherwise complies with this section.
(e) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

SEC. 6.

 Section 4999.57 of the Business and Professions Code is amended to read:

4999.57.
 (a) This section applies to a person who applies for examination eligibility or registration between January 1, 2011, and December 31, 2015, inclusive, who does not hold a license described in subdivision (a) of Section 4999.58.
(b) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to that required by this chapter, if the applicant complies with Section 4999.40, if applicable, and if the applicant has gained a minimum of 250 hours of supervised experience in direct counseling within California while registered as an intern with the board.
(c) Education gained while residing outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to the education requirements of this chapter, and if the applicant has completed the training or coursework required under subdivision (e) of Section 4999.32, which includes, in addition to the course described in subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.32, an 18-hour course in California law and professional ethics for professional clinical counselors.
(d) For purposes of this section, the board may, in its discretion, accept education as substantially equivalent if the applicant’s education meets the requirements of Section 4999.32. If the applicant’s degree does not contain the content or the overall units required by Section 4999.32, the board may, in its discretion, accept the applicant’s education as substantially equivalent if the following criteria are satisfied:
(1) The applicant’s degree contains the required number of practicum units under paragraph (3) of subdivision (c) of Section 4999.32.
(2) The applicant remediates his or her specific deficiency by completing the course content and units required by Section 4999.32.
(3) The applicant’s degree otherwise complies with this section.
(e) This section shall become inoperative on January 1, 2016, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2016, deletes or extends that date.

SEC. 7.

 Section 4999.58 of the Business and Professions Code is amended to read:

4999.58.
 (a) This section applies to a person who applies for examination eligibility between January 1, 2011, and December 31, 2015, inclusive, and who meets both of the following requirements:
(1) At the time of application, holds a valid license as a professional clinical counselor, or other counseling license that allows the applicant to independently provide clinical mental health services, in another jurisdiction of the United States.
(2) Has held the license described in paragraph (1) for at least two years immediately preceding the date of application.
(b) The board may issue a license to a person described in subdivision (a) if all of the following requirements are satisfied:
(1) The education and supervised experience requirements of the other jurisdiction are substantially the equivalent of this chapter, as described in subdivision (e) and in Section 4999.46.
(2) The person complies with subdivision (b) of Section 4999.40, if applicable.
(3) The person successfully completes the examinations required by the board pursuant to paragraph (3) of subdivision (a) of Section 4999.50. An applicant who obtained his or her license or registration under another jurisdiction by taking a national examination that is required by the board may apply for licensure with the board without retaking that examination if both of the following conditions are met:
(A) The applicant obtained a passing score on the national licensing examination that is required by the board.
(B) The applicant’s license or registration in that jurisdiction is in good standing at the time of his or her application and has not been revoked, suspended, surrendered, denied, or otherwise restricted or encumbered as a result of any disciplinary proceeding brought by the licensing authority of that jurisdiction.
(4) The person pays the required fees.
(c) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to that required by this chapter. The board shall consider hours of experience obtained in another state during the six-year period immediately preceding the applicant’s initial licensure by that state as a licensed professional clinical counselor.
(d) Education gained while residing outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to the education requirements of this chapter, and if the applicant has completed the training or coursework required under subdivision (e) of Section 4999.32, which includes, in addition to the course described in subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.32, an 18-hour course in California law and professional ethics for professional clinical counselors.
(e) For purposes of this section, the board may, in its discretion, accept education as substantially equivalent if the applicant’s education meets the requirements of Section 4999.32. If the applicant’s degree does not contain the content or the overall units required by Section 4999.32, the board may, in its discretion, accept the applicant’s education as substantially equivalent if the following criteria are satisfied:
(1) The applicant’s degree contains the required number of practicum units under paragraph (3) of subdivision (c) of Section 4999.32.
(2) The applicant remediates his or her specific deficiency by completing the course content and units required by Section 4999.32.
(3) The applicant’s degree otherwise complies with this section.
(f) This section shall become inoperative on January 1, 2016, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2016, deletes or extends that date.

SEC. 8.

 Section 4999.59 of the Business and Professions Code is amended to read:

4999.59.
 (a) This section applies to a person who applies for examination eligibility or registration between January 1, 2011, and December 31, 2015, inclusive, who meets both of the following requirements:
(1) At the time of application, holds a valid license described in paragraph (1) of subdivision (a) of Section 4999.58.
(2) Has held the license described in paragraph (1) for less than two years immediately preceding the date of application.
(b) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to that required by this chapter, if the applicant complies with Section 4999.40, if applicable, and if the applicant has gained a minimum of 250 hours of supervised experience in direct counseling within California while registered as an intern with the board. The board shall consider hours of experience obtained in another state during the six-year period immediately preceding the applicant’s initial licensure in that state as a professional clinical counselor.
(c) Education gained while residing outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to the education requirements of this chapter, and if the applicant has completed the training or coursework required under subdivision (e) of Section 4999.32, which includes, in addition to the course described in subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.32, an 18-hour course in California law and professional ethics for professional clinical counselors.
(d) For purposes of this section, the board may, in its discretion, accept education as substantially equivalent if the applicant’s education meets the requirements of Section 4999.32. If the applicant’s degree does not contain the content or the overall units required by Section 4999.32, the board may, in its discretion, accept the applicant’s education as substantially equivalent if the following criteria are satisfied:
(1) The applicant’s degree contains the required number of practicum units under paragraph (3) of subdivision (c) of Section 4999.32.
(2) The applicant remediates his or her specific deficiency by completing the course content and units required by Section 4999.32.
(3) The applicant’s degree otherwise complies with this section.
(e) An applicant who obtained his or her license or registration under another jurisdiction by taking a national examination that is required by the board may apply for licensure with the board without retaking that examination if both of the following conditions are met:
(1) The applicant obtained a passing score on the national licensing examination that is required by the board.
(2) The applicant’s license or registration in that jurisdiction is in good standing at the time of his or her application and has not been revoked, suspended, surrendered, denied, or otherwise restricted or encumbered as a result of any disciplinary proceeding brought by the licensing authority of that jurisdiction.
(f) This section shall become inoperative on January 1, 2016, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2016, deletes or extends that date.

SEC. 9.

 Section 4999.60 of the Business and Professions Code is amended to read:

4999.60.
 (a) This section applies to persons who are licensed outside of California and apply for examination eligibility on or after January 1, 2016.
(b) The board may issue a license to a person who, at the time of submitting an application for a license pursuant to this chapter, holds a valid license as a professional clinical counselor, or other counseling license that allows the applicant to independently provide clinical mental health services, in another jurisdiction of the United States, if all of the following conditions are satisfied:
(1) The applicant’s education is substantially equivalent, as defined in Section 4999.62.
(2) The applicant complies with subdivision (b) of Section 4999.40, if applicable.
(3) The applicant’s supervised experience is substantially equivalent to that required for a license under this chapter. The board shall consider hours of experience obtained outside of California during the six-year period immediately preceding the date the applicant initially obtained the license described above.
(4) The applicant passes the examinations required to obtain a license under this chapter. An applicant who obtained his or her license or registration under another jurisdiction may apply for licensure with the board without taking the clinical examination if both of the following conditions are met:
(A) The applicant obtained a passing score on the licensing examination set forth in regulation as accepted by the board.
(B) The applicant’s license or registration in that jurisdiction is in good standing at the time of his or her application and has not been revoked, suspended, surrendered, denied, or otherwise restricted or encumbered as a result of any disciplinary proceeding brought by the licensing authority of that jurisdiction.

SEC. 10.

 Section 4999.61 of the Business and Professions Code is amended to read:

4999.61.
 (a) This section applies to persons who apply for examination eligibility or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b) The board shall accept education gained while residing outside of California for purposes of satisfying licensure or registration requirements if the education is substantially equivalent, as defined in Section 4999.62, and the applicant complies with subdivision (b) of Section 4999.40, if applicable.
(c) The board shall accept experience gained outside of California for purposes of satisfying licensure or registration requirements if the experience is substantially equivalent to that required by this chapter.

SEC. 11.

 Section 4999.62 of the Business and Professions Code is amended to read:

4999.62.
 (a) This section applies to persons who apply for examination eligibility or registration on or after January 1, 2016.
(b) For purposes of Sections 4999.60 and 4999.61, education is substantially equivalent if all of the following requirements are met:
(1) The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, 48 semester or 72 quarter units, including, but not limited to, both of the following:
(A) Six semester or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face counseling.
(B) The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(2) The applicant completes any units and course content requirements under Section 4999.33 not already completed in his or her education.
(3) The applicant completes credit level coursework from a degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery model practice environments.
(B) An understanding of various California cultures and the social and psychological implications of socioeconomic position.
(C) Structured meeting with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(D) Instruction in behavioral addiction and co-occurring substance abuse and mental health disorders, as specified in subparagraph (K) of paragraph (1) of subdivision (c) of Section 4999.33.
(4) The applicant completes, in addition to the course described in subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33, an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients.