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

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Date Published: 02/10/2020 09:00 PM
AB2142:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2142


Introduced by Assembly Member Medina

February 10, 2020


An act to amend Sections 4980.54, 4984.7, 4989.34, 4989.36, 4989.40, 4989.68, 4996.3, 4996.22, 4999.76, 4999.104, and 4999.120 of, and to repeal Section 4999.122 of, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2142, as introduced, Medina. Board of Behavioral Sciences: licensees: licensing and examination fees.
Existing law provides for the licensure and regulation of marriage and family therapists, licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors by the Board of Behavioral Sciences. Existing law requires applicants for licensure and licensees under those acts to pay specified fees for licensure, license renewal, and examinations, and requires licensees who renew their license after allowing it to expire to pay delinquency fees. Existing law requires the board to establish the required fees at or below the maximum amounts specified under the act.
This bill would revise and recast the fees described above. The bill would establish new minimum fee amounts, and would authorize the board to adopt regulations to set the fees at a higher amount up to the prescribed maximum. The bill would require the delinquency fee to be 1/2 of the fee for license renewal.
Existing law requires marriage and family therapists, licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors to comply with specified continuing education requirements, and requires the board to fund the administration of those continuing education requirements through continuing education provider fees.
This bill would remove the requirement that the board fund the administration of continuing education requirements through continuing education provider fees.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4980.54 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 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 he or she 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 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)

(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 seventy-five dollars ($75). 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 renewal fee for an associate registration shall be seventy-five dollars ($75). 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 one hundred dollars ($100). 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) (1) (A) The fee for the clinical examination shall be one hundred dollars ($100). The 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).
(B) The fee for the California law and ethics examination shall be one hundred dollars ($100). 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).

(A)

(2) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fee.

(B)

(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 a maximum of one hundred eighty dollars ($180). 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 license renewal shall be a maximum of one hundred eighty dollars ($180). 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)The fee for inactive license renewal shall be a maximum of ninety dollars ($90).

(9)

(h) The renewal delinquency fee shall be a maximum of ninety dollars ($90). one-half of the fee for license renewal. A person who permits his or her their license to expire is subject to the delinquency fee.

(10)

(i) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).

(11)

(j) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).

(12)

(k) The fee for issuance of a retired license shall be forty dollars ($40).

(b)With regard to license, examination, and other fees, the board shall establish the fee amounts at or below the maximum amounts specified in this chapter.

SEC. 3.

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

4989.34.
 (a) To renew his or her 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 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)

(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 all unpaid prior renewal fees and delinquency fees. 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 his or her the applicant’s license and shall pay a reinstatement fee in an amount equal to the renewal fee in effect at that time and any the delinquency fees 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 examination eligibility licensure shall be one hundred dollars ($100). 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 a maximum amount of one hundred fifty dollars ($150). 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 license renewal shall be a maximum amount of one hundred fifty dollars ($150). 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 a maximum amount of seventy-five dollars ($75). one-half of the fee for license renewal. A person who permits his or her their license to become delinquent may have it restored only upon payment of all the fees that he or she would have paid if the license had not become delinquent, plus the payment of any and all delinquency fees. expire shall be subject to the delinquency fee.

(5)

(e) The written examination fee shall be one hundred dollars ($100). 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 he or she 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)With regard to all license, examination, and other fees, the board shall establish fee amounts at or below the maximum amounts specified in this chapter.

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 seventy-five dollars ($75). 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 renewal of an associate clinical social worker registration shall be seventy-five dollars ($75). 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 one hundred dollars ($100). two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).

(4)

(d) (1) (A) The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be one hundred dollars ($100). The 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).
(B) The fee for the California law and ethics examination shall be one hundred dollars ($100). 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).

(A)

(2) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.

(B)

(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 a maximum of one hundred fifty-five dollars ($155). 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 license renewal shall be a maximum of one hundred fifty-five dollars ($155). 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)The fee for inactive license renewal shall be a maximum of seventy-seven dollars and fifty cents ($77.50).

(9)

(h) The renewal delinquency fee shall be a maximum of seventy-five dollars ($75). one-half of the fee for license renewal. A person who permits his or her their license to expire is shall be subject to the delinquency fee.

(10)

(i) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).

(11)

(j) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).

(12)

(k) The fee for issuance of a retired license shall be forty dollars ($40).

(b)With regard to license, examination, and other fees, the board shall establish fee amounts at or below the maximum amounts specified in this chapter.

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 he or she 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, he or she 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) 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. 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 he or she 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 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)

(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 all fees that would have been paid if the license had not become delinquent. a two-year renewal fee prescribed by the board.
(c) Pay all a delinquency fees. fee.
(d) Certify compliance with the continuing education requirements set forth in Section 4999.76.
(e) Notify the board whether he or she 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.
 The board shall assess fees for the application for and the issuance and renewal of licenses and for the registration of associates to cover administrative and operating expenses of the board related to this chapter. Fees assessed pursuant to this section shall not exceed the following: the following fees relating to the licensure of professional clinical counselors:
(a) The fee for the application for licensure shall be up to 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).
(b) The fee for the application for associate registration shall be up to 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).
(c) (1) (A) The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be up to 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).
(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).
(2) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(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.

(d)The fee for the law and ethics examination shall be up to one hundred fifty dollars ($150).

(e)

(d) The fee for the issuance of a license shall be up to two hundred fifty dollars ($250). 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).

(f)

(e) The fee for annual renewal of an associate registration shall be up to 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).

(g)

(f) The fee for two-year renewal of licenses shall be up to two hundred fifty dollars ($250). 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).
(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.
(h) The fee for issuance of a retired license shall be forty dollars ($40).
(i) The fee for rescoring an examination shall be twenty dollars ($20).
(j) The fee for issuance of a replacement license or registration shall be twenty dollars ($20).
(k) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).

SEC. 12.

 Section 4999.122 of the Business and Professions Code is repealed.
4999.122.

The professional clinical counselor licensing program shall be supported from fees assessed to applicants, interns, and licensees. Startup funds to implement this program shall be derived, as a loan, from the reserve fund of the Board of Behavioral Sciences, subject to an appropriation by the Legislature in the annual Budget Act. The board shall not implement this chapter until funds have been appropriated.