Today's Law As Amended


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AB-2142 Board of Behavioral Sciences: licensees: licensing and examination fees.(2019-2020)



As Amends the Law Today


SECTION 1.

 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 an the  applicant 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 the applicant 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 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. 2.

 Section 4984.7 of the Business and Professions Code is amended to read:

4984.7.
 (a)  The board shall assess the following fees relating to the licensure of marriage and family therapists:
(1) (a)  The application fee for an associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(2) (b)  The annual  renewal fee for an associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(3) (c)  The fee for the application for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(4) (d)  (A) (1)  (i) (A)  The fee for the clinical examination shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(ii) (B)  The fee for the California law and ethics examination shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(B) (2)  An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fee.
(C) (3)  The amount of the examination fees shall be based on the actual cost to the board of developing, purchasing, and grading each examination and the actual cost to the board of administering each examination. The examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board.
(5) (e)  The fee for rescoring an examination shall be twenty dollars ($20).
(6) (f)  The fee for the issuance of an initial license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(7) (g)  The fee for the two-year  license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(8) (h)  The renewal delinquency fee shall be one-half of the fee for license renewal. A person who permits their license to expire is subject to the delinquency fee.
(9) (i)  The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(10) (j)  The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(11) (k)  The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.

SEC. 3.

 Section 4989.34 of the Business and Professions Code is amended to read:

4989.34.
 (a) To renew a license, a the  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 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. 4.

 Section 4989.36 of the Business and Professions Code is amended to read:

4989.36.
 A licensee may renew a license that has expired at any time within three years after its expiration date by taking all of the actions described in Section 4989.32 and by paying the delinquency fee.

SEC. 5.

 Section 4989.40 of the Business and Professions Code is amended to read:

4989.40.
 A revoked license is subject to expiration as provided in this article and shall not be renewed. The applicant may apply to the board for reinstatement of their license. If it is reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement,  the applicant’s license and shall  pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. at that time and the delinquency fee that may have accrued and comply with other requirements of the board for reinstatement. 

SEC. 6.

 Section 4989.68 of the Business and Professions Code is amended to read:

4989.68.
 (a)  The board shall assess the following fees relating to the licensure of educational psychologists:
(1) (a)  The application fee for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(2) (b)  The fee for issuance of the initial license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(3) (c)  The fee for the two-year  license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(4) (d)  The delinquency fee shall be one-half of the fee for license renewal. A person who permits their license to expire shall be subject to the delinquency fee.
(5) (e)  The written examination fee shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500). An applicant who fails to appear for an examination, once having been scheduled, shall forfeit any examination fees they  paid.
(6) (f)  The fee for rescoring a written examination shall be twenty dollars ($20).
(7) (g)  The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(8) (h)  The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(9) (i)  The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.

SEC. 7.

 Section 4996.3 of the Business and Professions Code is amended to read:

4996.3.
 (a)  The board shall assess the following fees relating to the licensure of clinical social workers:
(1) (a)  The application fee for registration as an associate clinical social worker shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(2) (b)  The fee for annual  renewal of an associate clinical social worker registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(3) (c)  The fee for application for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five four  hundred dollars ($500). ($400). 
(4) (d)  (A) (1)  (i) (A)  The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(ii) (B)  The fee for the California law and ethics examination shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(B) (2)  An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(C) (3)  The amount of the examination fees shall be based on the actual cost to the board of developing, purchasing, and grading each examination and the actual cost to the board of administering each examination. The written examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board.
(5) (e)  The fee for rescoring an examination shall be twenty dollars ($20).
(6) (f)  The fee for issuance of an initial license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(7) (g)  The fee for the two-year  license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(8) (h)  The renewal delinquency fee shall be one-half of the fee for license renewal. A person who permits their license to expire shall be subject to the delinquency fee.
(9) (i)  The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(10) (j)  The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(11) (k)  The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.

SEC. 8.

 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 the applicant 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, the applicant 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) A school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education or a school, college, or university that is approved by the Bureau for Private Postsecondary Education.
(3) (2)  Another Other  continuing education provider, 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.

SEC. 9.

 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 the applicant 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 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. 10.

 Section 4999.104 of the Business and Professions Code is amended to read:

4999.104.
 Licenses issued under this chapter that have expired may be renewed at any time within three years of expiration. To renew an expired license described in this section, the licensee shall do all of the following:
(a) File an application for renewal on a form prescribed by the board.
(b) Pay a two-year renewal fee prescribed by the board.
(c) Pay a delinquency fee.
(d) Certify compliance with the continuing education requirements set forth in Section 4999.76.
(e) Notify the board whether the licensee 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 licensee’s last renewal.

SEC. 11.

 Section 4999.120 of the Business and Professions Code is amended to read:

4999.120.
 (a)  The board shall assess the following fees relating to the licensure of professional clinical counselors:
(1) (a)  The fee for the application for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(2) (b)  The fee for the application for associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(3) (c)  (A) (1)  (i) (A)  The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(ii) (B)  The fee for the California law and ethics examination shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(B) (2)  An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(C) (3)  The amount of the examination fees shall be based on the actual cost to the board of developing, purchasing, and grading each examination and the actual cost to the board of administering each examination. The written examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board.
(4) (d)  The fee for the issuance of a license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(5) (e)  The fee for the  annual renewal of an associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(6) (f)  The fee for the two-year  license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(7) (g)  The renewal delinquency fee shall be one-half of the fee for license renewal. A person who permits their license to expire shall be subject to the delinquency fee.
(8) (h)  The fee for issuance of a retired license shall be forty dollars ($40).
(9) (i)  The fee for rescoring an examination shall be twenty dollars ($20).
(10) (j)  The fee for issuance of a replacement license or registration shall be twenty dollars ($20).
(11) (k)  The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(b) This section shall become operative on January 1, 2021.

SEC. 12.

 Section 4999.122 of the Business and Professions Code is repealed.