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SB-801 Healing arts: Board of Behavioral Sciences: licensees.(2021-2022)

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Date Published: 04/13/2021 09:00 PM
SB801:v98#DOCUMENT

Amended  IN  Senate  April 13, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 801


Introduced by Senator Roth

February 19, 2021


An act to amend Section 4999.46.1 of Sections 2290.5, 4980.01, 4980.32, 4980.40, 4980.43.3, 4980.54, 4984.7, 4987.5, 4989.17, 4989.20, 4989.24, 4989.32, 4989.34, 4989.68, 4996.2, 4996.14, 4996.17.2, 4996.18, 4996.22, 4996.75, 4998, 4998.2, 4999.22, 4999.42, 4999.46.1, 4999.51, 4999.71, 4999.76, 4999.120, and 4999.123 of, to add Sections 4989.47 and 4990.07 to, and to repeal Section 4999.122 of, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 801, as amended, Roth. Healing arts: licensed professional clinical counselors. Board of Behavioral Sciences: licensees.
Existing law, the Medical Practice Act, provides for the licensure and regulation of the practice of medicine by the Medical Board of California and requires a health care provider initiating the use of telehealth to inform the patient, before the delivery of health care via telehealth, about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The act defines “health care provider” to include, among others, an associate marriage and family therapist or marriage and family therapist trainee, as specified.
This bill would define health care provider to additionally include an associate clinical social worker and an associate professional clinical counselor, as specified.
Existing law, the Licensed Marriage and Family Therapist Act (LMFTA), provides for the licensure, registration, and regulation of marriage and family therapists and associate marriage and family therapists by the Board of Behavioral Sciences. The Educational Psychologist Practice Act (EPPA) provides for the licensure and regulation of educational psychologists by the board. The Social Work Licensing Law (SWLL) provides for the licensure, registration, and regulation of clinical social workers and associate clinical social workers by the board. The Licensed Professional Clinical Counselor Act (LPCCA) provides for the licensure, registration, and regulation of professional clinical counselors and associate professional clinical counselors by the board. A violation of these provisions is a crime. The LMFTA, EPPA, SWLL, and LPCCA all require a licensee or registrant, as provided, to provide a client with a certain notice written in at least 12-point type relating to a method for contacting the board regarding complaints about services provided by the applicable licensee prior to initiating services.
This bill, among other things, would revise that notice requirement to require the notice be delivered prior to initiating services, or as soon as practicably possible thereafter, and would require the delivery of the notice to be documented. The bill would also require an applicant, registrant, or licensee who has an electronic mail address to provide the board with that electronic mail address no later than July 1, 2022, and would require the electronic mail address to be considered confidential and not subject to public disclosure. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program.
This bill would make conforming and other nonsubstantive changes.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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.

Existing law, the Licensed Professional Clinical Counselor Act, provides for the licensure and regulation of professional clinical counselors by the Board of Behavioral Sciences, which is within the Department of Consumer Affairs. The act, except as specified, requires all applicants to have an active associate registration with the board to gain postdegree hours of supervised experience.

The act requires an associate or applicant for licensure to be under the supervision of a supervisor at all times. The act requires an associate to inform each client, prior to performing any professional services, that the associate is unlicensed and under supervision. The act defines “supervision” for purposes of the act.

This bill would repeal a duplicative definition of “supervision.”

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 2290.5 of the Business and Professions Code is amended to read:

2290.5.
 (a) For purposes of this division, the following definitions shall apply:
(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site.
(2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.
(3) “Health care provider” means any of the following:
(A) A person who is licensed under this division.
(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.
(C) A qualified autism service provider or qualified autism service professional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.
(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.
(E) An associate professional clinical counselor functioning pursuant to Section 4999.46.3.
(4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.
(5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site.
(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.
(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.
(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.
(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.
(e) This section shall not be construed to alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.
(f) All laws regarding the confidentiality of health care information and a patient’s rights to the patient’s medical information shall apply to telehealth interactions.
(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care provider’s license shall apply to that health care provider while providing telehealth services.
(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.
(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).
(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.

SEC. 2.

 Section 4980.01 of the Business and Professions Code is amended to read:

4980.01.
 (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Social Work Licensing Law, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.
(b) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination when performing counseling services as part of their pastoral or professional duties, or to any person who is admitted to practice law in the state, or a physician and surgeon who provides counseling services as part of their professional practice.
(c) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision of the entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services, services or as soon as practicably possible thereafter, a notice written in at least 12-point type that is in substantially the following form:

NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered counselor practitioner providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services provided by individuals licensed and registered by the board. If you have a complaint and are unsure if your practitioner is licensed or registered, please contact the Board of Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license verification feature by visiting www.bbs.ca.gov.

(B) The delivery of the notice described in subparagraph (A) to the client shall be documented.
(d) A marriage and family therapist licensed under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a health care provider subject to the provisions of Section 2290.5 pursuant to subdivision (b) of that section.
(e) Notwithstanding subdivisions (b) and (c), all persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board.

SEC. 3.

 Section 4980.32 of the Business and Professions Code is amended to read:

4980.32.
 (a) On and after July 1, 2020, a licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services services, or as soon as practicably possible thereafter, that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of marriage and family therapists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

(b) Delivery of the notice required by this section to the client shall be documented.

SEC. 4.

 Section 4980.40 of the Business and Professions Code is amended to read:

4980.40.
 An applicant for licensure shall satisfy all of the following qualifications:
(a) Meet the educational requirements of Section 4980.36 or both Sections 4980.37 and 4980.41, as applicable.
(b) Be at least 18 years of age.
(c) Have at least two years of supervised experience as specified in this chapter and its corresponding regulations.
(d) Successfully pass a California law and ethics examination and a clinical examination. An applicant who has successfully passed a previously administered written examination may be subsequently required to take and pass another written examination.
(e) Not have committed acts or crimes constituting grounds for Not be subject to denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of a 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. territory, in accordance with Section 480.

SEC. 5.

 Section 4980.43.3 of the Business and Professions Code is amended to read:

4980.43.3.
 (a) A trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. A trainee, associate, or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4980.02, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.
(1) If employed, an associate shall provide the board, upon application for licensure, with copies of the W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a letter from his or her the associate’s employer verifying the associate’s status as a volunteer during the dates the experience was gained.
(b) (1) A trainee shall not perform services in a private practice. A trainee may be credited with supervised experience completed in a setting that meets all of the following:
(A) Is not a private practice.
(B) Lawfully and regularly provides mental health counseling or psychotherapy.
(C) Provides oversight to ensure that the trainee’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice for the profession, as defined in Section 4980.02.
(2) Only experience gained in the position for which the trainee volunteers or is employed shall qualify as supervised experience.
(c) (1) An associate may be credited with supervised experience completed in any setting that meets both of the following:

(1)

(A) Lawfully and regularly provides mental health counseling or psychotherapy.

(2)

(B) Provides oversight to ensure that the associate’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice for the profession, as defined in Section 4980.02.

(3)

(2) Only experience gained in the position for which the associate volunteers or is employed shall qualify as supervised experience.

(4)

(3) An applicant for registration as an associate shall not be employed or volunteer in a private practice until he or she the applicant has been issued an associate registration by the board.
(d) Any experience obtained under the supervision of a spouse, relative, or domestic partner shall not be credited toward the required hours of supervised experience. Any experience obtained under the supervision of a supervisor with whom the applicant has 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.
(e) A trainee, associate, or applicant for licensure shall not receive any remuneration from patients or clients and shall only be paid by his or her their employer, if an employee.
(f) A trainee, associate, or applicant for licensure shall have no proprietary interest in his or her their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of his or her their employer.
(g) A trainee, associate, or applicant for licensure who provides voluntary services in any lawful work setting other than a private practice and who only receives reimbursement for expenses actually incurred shall be considered an employee. The board may audit an applicant for licensure who receives reimbursement for expenses and the applicant for licensure shall have the burden of demonstrating that the payment received was for reimbursement of expenses actually incurred.
(h) A trainee, associate, or applicant for licensure who receives a stipend or educational loan repayment from a program designed to encourage demographically underrepresented groups to enter the profession or to improve recruitment and retention in underserved regions or settings shall be considered an employee. The board may audit an applicant who receives a stipend or educational loan repayment and the applicant shall have the burden of demonstrating that the payment received was for the specified purposes.
(i) An associate or a trainee may provide services via telehealth that are in the scope of practice outlined in this chapter.
(j) Each educational institution preparing applicants pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her the supervisor’s associates and trainees regarding the advisability of undertaking individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, educational institutions and supervisors are encouraged to assist the applicant to locate counseling or psychotherapy at a reasonable cost.

SEC. 6.

 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 an 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. 7.

 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) 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) 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) 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) (A) (i) 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) 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) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fee.
(C) 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) The fee for rescoring an examination shall be twenty dollars ($20).
(6) 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) 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) 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) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(10) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(11) 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 4987.5 of the Business and Professions Code is amended to read:

4987.5.
 A marriage and family therapy corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are licensed marriage and family therapists, physicians and surgeons, psychologists, licensed professional clinical counselors, licensed clinical social workers, registered nurses, chiropractors, or acupuncturists are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and any other statute or regulation pertaining to that corporation and the conduct of its affairs. With respect to a marriage and family therapy corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Board of Behavioral Sciences.

SEC. 9.

 Section 4989.17 of the Business and Professions Code is amended to read:

4989.17.
 (a) On and after July 1, 2020, a licensee shall provide a client with a notice written in at least 12-point type prior to initiating psychological services services, or as soon as practicably possible thereafter, that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of licensed educational psychologists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

(b) Delivery of the notice required by this section to the client shall be documented.

SEC. 10.

 Section 4989.20 of the Business and Professions Code is amended to read:

4989.20.
 (a) The board may issue a license as an educational psychologist if the applicant satisfies, with proof satisfactory to the board, the following requirements:
(1) Possession of, at minimum, a master’s degree in psychology, educational psychology, school psychology, counseling and guidance, or a degree deemed equivalent by the board. This degree shall be obtained from an educational institution approved by the board according to the regulations adopted under this chapter.
(2) Attainment of 18 years of age.

(3)No commission of an act or crime constituting grounds for denial of licensure under Section 480.

(3) Is not subject to denial of licensure pursuant to Section 480.
(4) Successful completion of 60 semester hours of postgraduate work in pupil personnel services.
(5) Two years of full-time, or the equivalent to full-time, experience as a credentialed school psychologist in the public schools. The applicant shall not be credited with experience obtained more than six years prior to filing the application for licensure.
(6) One of the following:
(A) One year of supervised professional experience in an accredited school psychology program.
(B) In addition to the requirements of paragraph (5), one year of full-time, or the equivalent to full-time, experience as a credentialed school psychologist in the public schools obtained under the direction of a licensed educational psychologist or a licensed psychologist.
(7) Passage of an examination specified by the board.

SEC. 11.

 Section 4989.24 of the Business and Professions Code is amended to read:

4989.24.
 (a) The board shall not issue a license to a person who has been convicted of a crime in this or any other 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.
(b) A denial issued pursuant to this section shall comply with the conditions for denial specified in Section 480.

SEC. 12.

 Section 4989.32 of the Business and Professions Code is amended to read:

4989.32.
 To renew an unexpired license, the licensee shall, on or before the expiration date of the license, take all of the following actions:
(a) Apply for renewal on a form prescribed by the board.
(b) Pay a two-year renewal fee prescribed by the board.
(c) Inform the board of whether he or she the licensee has been convicted, as defined in Section 490, of any misdemeanor or felony and whether any disciplinary action has been taken by a regulatory or licensing board in this or any other state after the prior issuance or renewal of his or her a license.
(d) Complete the continuing education requirements described in Section 4989.34.

SEC. 13.

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

4989.34.
 (a) To renew his or her a 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)

(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. 14.

 Section 4989.47 is added to the Business and Professions Code, to read:

4989.47.
 Any licensed educational psychologist who conducts a private practice under a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice.

SEC. 15.

 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) 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) 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) 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) 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) 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) The fee for rescoring a written examination shall be twenty dollars ($20).
(7) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(8) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(9) The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.

SEC. 16.

 Section 4990.07 is added to the Business and Professions Code, to read:

4990.07.
 (a) An applicant, registrant, or licensee who has an electronic mail address shall provide the board with that electronic mail address no later than July 1, 2022. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b) An applicant, registrant, and licensee shall provide to the board any and all changes to their electronic mail address no later than 30 calendar days after the changes have occurred.
(c) The board shall, with each renewal application, remind licensees and registrants of their obligation to report and keep current their electronic mail address with the board.

SEC. 17.

 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 the applicant 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. Not be subject to denial of licensure pursuant to 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. territory, in accordance with Section 480.
(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. 18.

 Section 4996.14 of the Business and Professions Code is amended to read:

4996.14.
 (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Licensed Marriage and Family Therapist Act, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.
(b) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision of the entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services, services or as soon as practicably possible thereafter, a notice written in at least 12-point type that is in substantially the following form:

NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered counselor practitioner providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services provided by individuals licensed and registered by the board. If you have a complaint and are unsure if your practitioner is licensed or registered, please contact the Board of Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license verification feature by visiting www.bbs.ca.gov.

(B) The delivery of the notice described in subparagraph (A) to the client shall be documented.
(c) This chapter shall not apply to a person using hypnotic techniques if their client was referred by a physician and surgeon, dentist, or psychologist.
(d) This chapter shall not apply to a person using hypnotic techniques that offer vocational self-improvement, and the person is not performing therapy for emotional or mental disorders.

SEC. 19.

 Section 4996.17.2 of the Business and Professions Code is amended to read:

4996.17.2.
 (a) This section applies to persons with education gained from an out-of-state school or experience gained outside of California who apply for licensure or registration and who do not qualify for a license under Section 4996.17.1.
(b) The board shall accept experience gained outside of California for the purpose of satisfying the licensure requirements if the experience is substantially the equivalent to the requirements of this chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience, the board shall accept as qualifying experience the amount of time the applicant held an active license in good standing in another state or country as a clinical social worker at the highest level for independent practice at a rate of 100 hours per month, up to a maximum of 1,200 hours.
(c) The board shall accept education gained from an out-of-state school for purposes of satisfying licensure or registration requirements if the applicant has received a master’s degree from an accredited school of social work, or complies with subdivision (g) (e) of Section 4996.18.
(d) In addition to the experience and education described in subdivisions (b) and (c), the applicant shall pass, or have passed, the licensing examinations as specified in Section 4996.1 and pay the required fees. Issuance of the license is conditioned upon all of the following:
(1) The applicant has supervised experience as described in subdivision (b).
(2) Completion of the coursework or training specified in this paragraph taken from an accredited school or department of social work, a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education, a school, college, or university that is approved by the Bureau for Private Postsecondary Education, or from a continuing education provider that is identified as acceptable to the board pursuant to Section 4996.22. Undergraduate coursework shall not satisfy this requirement. This coursework may be completed while registered as an associate, unless otherwise specified.
(A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting, as specified in Section 28, and any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in human sexuality, as specified in Section 25, and any regulations promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation.
(D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(E) A minimum of 10 contact hours of coursework in aging and long-term care, as specified in Section 4996.25.
(F) Completion of a 12-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, the following: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws related to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, the application of legal and ethical standards in different types of work settings, and licensing law and process. This coursework shall be completed before registration as an associate.
(G) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position.
(3) On and after January 1, 2021, an applicant for licensure shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4996.27.
(4) The applicant’s license is in good standing and is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state.
(5) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant’s professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board determines constitutes evidence of a pattern of incompetence or negligence.
(6) The applicant shall provide a certification from each state where the applicant holds a license pertaining to licensure, disciplinary action, and complaints pending.
(7) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36.
(e) An applicant who obtained a license or registration under another state or country may qualify for licensure with the board without taking the clinical examination specified in Section 4996.1 if both of the following conditions are met:
(1) The applicant obtained a passing score on the clinical licensing examination set forth in regulation as accepted by the board.
(2) The applicant’s license or registration in that state or country is active and in good standing at the time of the application and is not revoked, suspended, surrendered, denied, or otherwise restricted or encumbered.

SEC. 20.

 Section 4996.18 of the Business and Professions Code is amended to read:

4996.18.
 (a) Except as provided in subdivision (b) of Section 4996.23, an applicant shall have an active registration with the board as an associate clinical social worker in order to gain hours of supervised experience. The application shall be made on a form prescribed by the board.
(b) An applicant for registration shall satisfy the following requirements:
(1) Possess a master’s degree from an accredited school or department of social work.

(2)Have committed no crimes or acts constituting grounds for denial of licensure under Section 480.

(2) Not be subject to denial of licensure pursuant to Section 480.
(3) Have completed training or coursework, which may be embedded within more than one course, in California law and professional ethics for clinical social workers. The coursework shall be taken from an accredited school or department of social work, a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education, a school, college, or university that is approved by the Bureau for Private Postsecondary Education, or from a continuing education provider that is acceptable to the board, as defined in Section 4996.22. Undergraduate coursework shall not satisfy this requirement. The coursework shall include instruction in all of the following areas of study:
(A) Contemporary professional ethics and statutes, regulations, and court decisions that delineate the scope of practice of clinical social work.
(B) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of clinical social work, including, but not limited to, family law.
(C) The current legal patterns and trends in the mental health professions.
(D) The psychotherapist-patient privilege, confidentiality, dangerous patients, and the treatment of minors with and without parental consent.
(E) A recognition and exploration of the relationship between a practitioner’s sense of self and human values, and the practitioner’s professional behavior and ethics.
(F) The application of legal and ethical standards in different types of work settings.
(G) Licensing law and process.
(c) An applicant who possesses a master’s degree from a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education shall be eligible, and, except as provided in subdivision (b) of Section 4996.23, shall be required to register as an associate clinical social worker in order to gain experience toward licensure if the applicant has not committed any crimes or acts that constitute grounds for is not subject to denial of licensure under pursuant to Section 480. That applicant shall not, however, be eligible to take the clinical examination until the school or department of social work has received accreditation by the Commission on Accreditation of the Council on Social Work Education.
(d) An applicant who possesses a master’s degree from an accredited school or department of social work shall be able to apply experience the applicant obtained during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education toward the licensure requirements, if the experience meets the requirements of Section 4996.23. This subdivision shall apply retroactively to persons who possess a master’s degree from an accredited school or department of social work and who obtained experience during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education.
(e) An applicant for registration or licensure trained in an educational institution outside the United States shall demonstrate to the satisfaction of the board that the applicant possesses a master’s of social work degree that is equivalent to a master’s degree issued from a school or department of social work that is accredited by the Commission on Accreditation of the Council on Social Work Education. These applicants shall provide the board with a comprehensive evaluation of the degree and shall provide any other documentation the board deems necessary. The board has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements regardless of evaluation or accreditation.
(f) All applicants for licensure 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 governing the practice of clinical social work.
(g) All applicants and registrants shall inform each client or patient before performing any professional services that the applicant or registrant is unlicensed and is under the supervision of a licensed professional.

SEC. 21.

 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) 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.

(2)Other

(3) Another continuing education providers, provider, 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. 22.

 Section 4996.75 of the Business and Professions Code is amended to read:

4996.75.
 (a) On and after July 1, 2020, a licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services services, or as soon as practicably possible thereafter, that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of clinical social workers. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

(b) Delivery of the notice required by this section to the client shall be documented.

SEC. 23.

 Section 4998 of the Business and Professions Code is amended to read:

4998.
 A licensed clinical social worker corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are licensed clinical social workers, physicians and surgeons, psychologists, licensed professional clinical counselors, licensed marriage and family therapists, registered nurses, chiropractors, or acupuncturists are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With respect to a licensed clinical social worker corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Board of Behavioral Sciences.

SEC. 24.

 Section 4998.2 of the Business and Professions Code is amended to read:

4998.2.
 Notwithstanding Section 4996, the name of a licensed clinical social worker corporation and any name or names under which it may be rendering professional services shall contain the words “licensed clinical social worker” and wording or abbreviations denoting corporate existence.
A licensed clinical social worker corporation that conducts business under a fictitious business name shall not use any name which that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, that the business is conducted by a licensed clinical social worker corporation.

SEC. 25.

 Section 4999.22 of the Business and Professions Code is amended to read:

4999.22.
 (a) Nothing in this chapter shall prevent qualified persons from doing work of a psychosocial nature consistent with the standards and ethics of their respective professions. However, these qualified persons shall not hold themselves out to the public by any title or description of services incorporating the words “licensed professional clinical counselor” and shall not state that they are licensed to practice professional clinical counseling, unless they are otherwise licensed to provide professional clinical counseling services.
(b) Nothing in this chapter shall be construed to constrict, limit, or withdraw provisions of the Medical Practice Act, the Clinical Social Worker Practice Act, the Nursing Practice Act, the Psychology Licensing Law, or the Licensed Marriage and Family Therapist Act.
(c) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination who performs counseling services as part of their pastoral or professional duties, or to any person who is admitted to practice law in this state, or who is licensed to practice medicine, who provides counseling services as part of their professional practice.
(d) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity or a school, a college, a university, or an institution that is both nonprofit and charitable, if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision of the entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services, services or as soon as practicably possible thereafter, a notice written in at least 12-point type that is in substantially the following form:

NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered counselor providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services provided by individuals licensed and registered by the board. If you have a complaint and are unsure if your practitioner is licensed or registered, please contact the Board of Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license verification feature by visiting www.bbs.ca.gov.

(B) The delivery of the notice described in subparagraph (A) to the client shall be documented.
(e) All persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board.

SEC. 26.

 Section 4999.42 of the Business and Professions Code is amended to read:

4999.42.
 (a) An applicant shall meet all of the following qualifications to qualify for registration as an associate:
(1) Earned a master’s or doctoral degree as specified in Section 4999.32 or 4999.33, as applicable. An applicant whose education qualifies him or her the applicant under Section 4999.32 shall also have completed the coursework or training specified in subdivision (e) of Section 4999.32.
(2) Be at least 18 years of age.

(3)Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.

(3) Not be subject to denial of licensure pursuant to Section 480.
(b) (1) The board shall not issue a registration to any person who has been convicted of a 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.
(2) A denial issued pursuant to this subdivision shall comply with the conditions for denial specified in Section 480.

SECTION 1.SEC. 27.

 Section 4999.46.1 of the Business and Professions Code is amended to read:

4999.46.1.
 (a) An associate or applicant for licensure shall be under the supervision of a supervisor at all times.
(b) An associate shall do both of the following:
(1) Inform each client, before performing any professional services, that the associate is unlicensed and under supervision.
(2) Renew the registration a maximum of five times. A 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.
(c) When no further renewals are possible, an applicant may apply for and obtain a subsequent associate registration number if the applicant meets the educational requirements for a subsequent associate registration number and has passed the California law and ethics examination. An applicant issued a subsequent associate registration number shall not be employed or volunteer in a private practice.

SEC. 28.

 Section 4999.51 of the Business and Professions Code is amended to read:

4999.51.
 An applicant for licensure as a professional clinical counselor or registration as an associate shall satisfy the following qualifications:

(a)Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.

(a) Not be subject to denial of licensure pursuant to Section 480.
(b) (1) Not have been convicted of a 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.
(2) A denial issued pursuant to this subdivision shall comply with the conditions for denial specified in Section 480.
(c) Have successfully passed a state and federal level criminal offender record information search conducted through the Department of Justice by submitting fingerprint images and other information to the Department of Justice for the purpose of obtaining records of state and federal convictions and arrests. The board shall request the subsequent arrest notification service on all applicants, pursuant to Section 11105.2 of the Penal Code.

SEC. 29.

 Section 4999.71 of the Business and Professions Code is amended to read:

4999.71.
 (a) Effective July 1, 2020, a licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services services, or as soon as practicably possible thereafter, that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of professional clinical counselors. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

(b) The delivery of the notice required by this section to the client shall be documented.

SEC. 30.

 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. 31.

 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) 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) 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) (A) (i) 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) 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) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(C) 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) 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) 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) 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) 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) The fee for issuance of a retired license shall be forty dollars ($40).
(9) The fee for rescoring an examination shall be twenty dollars ($20).
(10) The fee for issuance of a replacement license or registration shall be twenty dollars ($20).
(11) 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. 32.

 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.

SEC. 33.

 Section 4999.123 of the Business and Professions Code is amended to read:

4999.123.
 A professional clinical counselor corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees who are rendering professional services and who are licensed professional clinical counselors, licensed marriage and family therapists, physicians and surgeons, psychologists, licensed clinical social workers, registered nurses, chiropractors, or acupuncturists, are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and any other statute or regulation pertaining to that corporation and the conduct of its affairs. With respect to a professional clinical counselor corporation, the term “governmental agency” in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code) shall be construed to mean the Board of Behavioral Sciences.

SEC. 34.

 The Legislature finds and declares that the addition by this act of Section 4990.07 to the Business and Professions Code imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Restricting access to email addresses of registrants, applicants, and licensees submitted to the Board of Behavioral Sciences is necessary to protect the privacy of these individuals.

SEC. 35.

 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.