AB 2296: Licensed professional clinical counselors: licensed clinical social workers.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-14
(1)The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology and makes a violation of its provisions a crime. This law does not prevent qualified members of specified recognized professional groups from doing work of a psychological nature consistent with the law, as provided. This law describes a psychological corporation as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees.
Existing law establishes the Board of Behavioral Sciences and makes it responsible for the licensure and regulation of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
This bill would list licensed professional clinical counselors as one of those recognized professional groups not prohibited from doing psychological work and would include a licensed professional clinical counselor as a healing arts licensee allowed to render services in a psychological corporation. By expanding the scope of a crime under the Psychology Licensing Law, the bill would impose a state-mandated local program.
(2)The Psychiatric Technicians Law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the Department of Consumer Affairs, to license and regulate vocational nurses and psychiatric technicians.
This bill would provide that the Psychiatric Technicians Law does not apply to professional clinical counselors.
(3)Existing law requires an applicant seeking licensure as a professional clinical counselor to possess a degree that contains the equivalent of at least 3 semester units or 41/2 quarter units of graduate study in specified core content areas. Existing law allows an applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process.
This bill would instead require the equivalent of at least 3 semester units or 4 quarter units of graduate study in specified core content areas. The bill would allow an applicant whose application for licensure is received by the board on or before August 31, 2020, or whose application for registration was received by the board by that date and whose registration was subsequently issued to satisfy deficiencies in the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process by completing post-masters or postdoctoral degree coursework.
(4)The Confidentiality of Medical Information Act authorizes the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that the specified healing arts licensee may incur. A violation of the act that results in economic loss or personal injury to a patient is punishable as a crime.
This bill would expand this provision to include licensed clinical social workers and licensed professional clinical counselors. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(5)Existing law requires the governing board of a school district to establish an open enrollment policy within the district, as specified, as a condition of receiving certain school apportionments from the State School Fund. Under existing law, the open enrollment policy may provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area. A finding of these special circumstances may be based on a written statement from, among others, specified licensed or registered professionals.
This bill would additionally authorize a finding of special circumstances to be based on a written statement from a licensed professional clinical counselor.
(6)Existing law sets forth the qualifications for a court-connected or private child custody evaluator. Under existing law, in addition to specified education, experience, and training requirements, a person may be a child custody evaluator only if he or she meets one of specified licensure or certification criteria. Existing law requires a child custody evaluator to declare under penalty of perjury that he or she meets specified education, experience, training, and licensing requirements, as specified.
This bill would additionally authorize a licensed professional clinical counselor who is qualified to assess couples and families and who meets the education, experience, and training requirements to be a child custody evaluator. The bill would require a licensed professional clinical counselor who is a child custody evaluator to make the above-described declaration under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
(7)Under existing law, for purposes of terminating parental rights in an adoption proceeding, a court is required to attempt to identify all alleged fathers and presumed parents by causing the mother and any other appropriate person to be questioned, in the case of a stepparent adoption, the licensed clinical social worker or licensed marriage and family therapist who is performing a specified written investigative report.
This bill would additionally authorize a licensed professional clinical counselor who is performing the investigative report to question the mother or other appropriate person under the above-described circumstances.
(8)Existing law authorizes a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents under specified circumstances, including when the childs parent or parents are mentally disabled and are likely to remain so in the foreseeable future. Under existing law, in support of a finding of mental disability, a court has discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, with specified experience, in circumstances where the court determines that this testimony is in the best interests of the child and is warranted by the circumstances of the particular family or parenting issues involved.
This bill would additionally authorize the court to call a licensed professional clinical counselor to provide this testimony, as specified.
(9)Existing law authorizes a petition to be filed by an interested person, as defined, for an order or judgment declaring a child free from the custody and control of either or both parents under specified circumstances. Upon the filing of the petition, existing law requires the clerk of the court to notify one of specified agencies or appropriately licensed individuals to investigate the circumstances of the child and report to the court, as specified.
This bill would include a licensed professional clinical counselor as one of the individuals authorized to investigate the circumstances of the child in the above proceedings.
(10)Existing law defines an adoption service provider to include licensed or approved adoption agencies, as specified, and licensed clinical social workers and marriage and family therapists with a minimum of 5 years of experience providing professional social work or adoption casework services, as prescribed. Existing law requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency, if the petitioner so elects.
This bill would expand the definition of an adoption service provider to include a licensed clinical professional counselor with similar qualifications. The bill would additionally authorize a petitioner in a stepparent adoption request to elect to have the investigative report completed by a licensed professional clinical counselor.
(11)Existing law relating to workers compensation provides that treatment reasonably required to cure or relieve the effects of an injury include the services of licensed marriage and family therapists and clinical social workers.
This bill would expand those provisions to include the services of licensed professional clinical counselors.
(12)Existing law establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect. Existing law provides for multidisciplinary personnel in this regard as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. Existing law also authorizes a county to establish a child abuse multidisciplinary personnel team within the county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to specified provisions. These multidisciplinary entities are similarly defined to include, among others, psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel.
This bill would expand the definitions of multidisciplinary personnel and child abuse multidisciplinary personnel teams to specifically include clinical social workers and professional clinical counselors.
(13)This bill would incorporate additional changes to Section 4999.62 of the Business and Professions Code proposed by SB 1491 to be operative only if this bill and SB 1491 are enacted and this bill is enacted last. This bill would also incorporate additional changes to Sections 4999.62 and 4999.63 of the Business and Professions Code proposed by AB 93 and SB 1491 that would become operative if this bill and AB 93, this bill and SB 1491, or all 3 bills are enacted and this bill is enacted last.
(14)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.
(1)The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology and makes a violation of its provisions a crime. This law does not prevent qualified members of specified recognized professional groups from doing work of a psychological nature consistent with the law, as provided. This law describes a psychological corporation as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees.
Existing law establishes the Board of Behavioral Sciences and makes it responsible for the licensure and regulation of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
This bill would list licensed professional clinical counselors as one of those recognized professional groups not prohibited from doing psychological work and would include a licensed professional clinical counselor as a healing arts licensee allowed to render services in a psychological corporation. By expanding the scope of a crime under the Psychology Licensing Law, the bill would impose a state-mandated local program.
(2)The Psychiatric Technicians Law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the Department of Consumer Affairs, to license and regulate vocational nurses and psychiatric technicians.
This bill would provide that the Psychiatric Technicians Law does not apply to professional clinical counselors.
(3)Existing law requires an applicant seeking licensure as a professional clinical counselor to possess a degree that contains the equivalent of at least 3 semester units or 41/2 quarter units of graduate study in specified core content areas. Existing law allows an applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process.
This bill would instead require the equivalent of at least 3 semester units or 4 quarter units of graduate study in specified core content areas. The bill would allow an applicant whose application for licensure is received by the board on or before August 31, 2020, or whose application for registration was received by the board by that date and whose registration was subsequently issued to satisfy deficiencies in the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process by completing post-masters or postdoctoral degree coursework.
(4)The Confidentiality of Medical Information Act authorizes the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that the specified healing arts licensee may incur. A violation of the act that results in economic loss or personal injury to a patient is punishable as a crime.
This bill would expand this provision to include licensed clinical social workers and licensed professional clinical counselors. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(5)Existing law requires the governing board of a school district to establish an open enrollment policy within the district, as specified, as a condition of receiving certain school apportionments from the State School Fund. Under existing law, the open enrollment policy may provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area. A finding of these special circumstances may be based on a written statement from, among others, specified licensed or registered professionals.
This bill would additionally authorize a finding of special circumstances to be based on a written statement from a licensed professional clinical counselor.
(6)Existing law sets forth the qualifications for a court-connected or private child custody evaluator. Under existing law, in addition to specified education, experience, and training requirements, a person may be a child custody evaluator only if he or she meets one of specified licensure or certification criteria. Existing law requires a child custody evaluator to declare under penalty of perjury that he or she meets specified education, experience, training, and licensing requirements, as specified.
This bill would additionally authorize a licensed professional clinical counselor who is qualified to assess couples and families and who meets the education, experience, and training requirements to be a child custody evaluator. The bill would require a licensed professional clinical counselor who is a child custody evaluator to make the above-described declaration under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
(7)Under existing law, for purposes of terminating parental rights in an adoption proceeding, a court is required to attempt to identify all alleged fathers and presumed parents by causing the mother and any other appropriate person to be questioned, in the case of a stepparent adoption, the licensed clinical social worker or licensed marriage and family therapist who is performing a specified written investigative report.
This bill would additionally authorize a licensed professional clinical counselor who is performing the investigative report to question the mother or other appropriate person under the above-described circumstances.
(8)Existing law authorizes a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents under specified circumstances, including when the childs parent or parents are mentally disabled and are likely to remain so in the foreseeable future. Under existing law, in support of a finding of mental disability, a court has discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, with specified experience, in circumstances where the court determines that this testimony is in the best interests of the child and is warranted by the circumstances of the particular family or parenting issues involved.
This bill would additionally authorize the court to call a licensed professional clinical counselor to provide this testimony, as specified.
(9)Existing law authorizes a petition to be filed by an interested person, as defined, for an order or judgment declaring a child free from the custody and control of either or both parents under specified circumstances. Upon the filing of the petition, existing law requires the clerk of the court to notify one of specified agencies or appropriately licensed individuals to investigate the circumstances of the child and report to the court, as specified.
This bill would include a licensed professional clinical counselor as one of the individuals authorized to investigate the circumstances of the child in the above proceedings.
(10)Existing law defines an adoption service provider to include licensed or approved adoption agencies, as specified, and licensed clinical social workers and marriage and family therapists with a minimum of 5 years of experience providing professional social work or adoption casework services, as prescribed. Existing law requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency, if the petitioner so elects.
This bill would expand the definition of an adoption service provider to include a licensed clinical professional counselor with similar qualifications. The bill would additionally authorize a petitioner in a stepparent adoption request to elect to have the investigative report completed by a licensed professional clinical counselor.
(11)Existing law relating to workers compensation provides that treatment reasonably required to cure or relieve the effects of an injury include the services of licensed marriage and family therapists and clinical social workers.
This bill would expand those provisions to include the services of licensed professional clinical counselors.
(12)Existing law establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect. Existing law provides for multidisciplinary personnel in this regard as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. Existing law also authorizes a county to establish a child abuse multidisciplinary personnel team within the county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to specified provisions. These multidisciplinary entities are similarly defined to include, among others, psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel.
This bill would expand the definitions of multidisciplinary personnel and child abuse multidisciplinary personnel teams to specifically include clinical social workers and professional clinical counselors.
(13)This bill would incorporate additional changes to Section 4999.62 of the Business and Professions Code proposed by SB 1491 to be operative only if this bill and SB 1491 are enacted and this bill is enacted last. This bill would also incorporate additional changes to Sections 4999.62 and 4999.63 of the Business and Professions Code proposed by AB 93 and SB 1491 that would become operative if this bill and AB 93, this bill and SB 1491, or all 3 bills are enacted and this bill is enacted last.
(14)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.
(1)The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology and makes a violation of its provisions a crime. This law does not prevent qualified members of specified recognized professional groups from doing work of a psychological nature consistent with the law, as provided. This law describes a psychological corporation as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees.
Existing law establishes the Board of Behavioral Sciences and makes it responsible for the licensure and regulation of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
This bill would list licensed professional clinical counselors as one of those recognized professional groups not prohibited from doing psychological work and would include a licensed professional clinical counselor as a healing arts licensee allowed to render services in a psychological corporation. By expanding the scope of a crime under the Psychology Licensing Law, the bill would impose a state-mandated local program.
(2)The Psychiatric Technicians Law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the Department of Consumer Affairs, to license and regulate vocational nurses and psychiatric technicians.
This bill would provide that the Psychiatric Technicians Law does not apply to professional clinical counselors.
(3)Existing law requires an applicant seeking licensure as a professional clinical counselor to possess a degree that contains the equivalent of at least 3 semester units or 41/2 quarter units of graduate study in specified core content areas. Existing law allows an applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process.
This bill would instead require the equivalent of at least 3 semester units or 4 quarter units of graduate study in specified core content areas. The bill would allow an applicant whose application for licensure is received by the board on or before August 31, 2020, or whose application for registration was received by the board by that date and whose registration was subsequently issued to satisfy deficiencies in the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process by completing post-masters or postdoctoral degree coursework.
(4)The Confidentiality of Medical Information Act authorizes the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that the specified healing arts licensee may incur. A violation of the act that results in economic loss or personal injury to a patient is punishable as a crime.
This bill would expand this provision to include licensed clinical social workers and licensed professional clinical counselors. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(5)Existing law requires the governing board of a school district to establish an open enrollment policy within the district, as specified, as a condition of receiving certain school apportionments from the State School Fund. Under existing law, the open enrollment policy may provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area. A finding of these special circumstances may be based on a written statement from, among others, specified licensed or registered professionals.
This bill would additionally authorize a finding of special circumstances to be based on a written statement from a licensed professional clinical counselor.
(6)Existing law sets forth the qualifications for a court-connected or private child custody evaluator. Under existing law, in addition to specified education, experience, and training requirements, a person may be a child custody evaluator only if he or she meets one of specified licensure or certification criteria. Existing law requires a child custody evaluator to declare under penalty of perjury that he or she meets specified education, experience, training, and licensing requirements, as specified.
This bill would additionally authorize a licensed professional clinical counselor who is qualified to assess couples and families and who meets the education, experience, and training requirements to be a child custody evaluator. The bill would require a licensed professional clinical counselor who is a child custody evaluator to make the above-described declaration under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
(7)Under existing law, for purposes of terminating parental rights in an adoption proceeding, a court is required to attempt to identify all alleged fathers and presumed parents by causing the mother and any other appropriate person to be questioned, in the case of a stepparent adoption, the licensed clinical social worker or licensed marriage and family therapist who is performing a specified written investigative report.
This bill would additionally authorize a licensed professional clinical counselor who is performing the investigative report to question the mother or other appropriate person under the above-described circumstances.
(8)Existing law authorizes a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents under specified circumstances, including when the childs parent or parents are mentally disabled and are likely to remain so in the foreseeable future. Under existing law, in support of a finding of mental disability, a court has discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, with specified experience, in circumstances where the court determines that this testimony is in the best interests of the child and is warranted by the circumstances of the particular family or parenting issues involved.
This bill would additionally authorize the court to call a licensed professional clinical counselor to provide this testimony, as specified.
(9)Existing law authorizes a petition to be filed by an interested person, as defined, for an order or judgment declaring a child free from the custody and control of either or both parents under specified circumstances. Upon the filing of the petition, existing law requires the clerk of the court to notify one of specified agencies or appropriately licensed individuals to investigate the circumstances of the child and report to the court, as specified.
This bill would include a licensed professional clinical counselor as one of the individuals authorized to investigate the circumstances of the child in the above proceedings.
(10)Existing law defines an adoption service provider to include licensed or approved adoption agencies, as specified, and licensed clinical social workers and marriage and family therapists with a minimum of 5 years of experience providing professional social work or adoption casework services, as prescribed. Existing law requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency, if the petitioner so elects.
This bill would expand the definition of an adoption service provider to include a licensed clinical professional counselor with similar qualifications. The bill would additionally authorize a petitioner in a stepparent adoption request to elect to have the investigative report completed by a licensed professional clinical counselor.
(11)Existing law relating to workers compensation provides that treatment reasonably required to cure or relieve the effects of an injury include the services of licensed marriage and family therapists and clinical social workers.
This bill would expand those provisions to include the services of licensed professional clinical counselors.
(12)Existing law establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect. Existing law provides for multidisciplinary personnel in this regard as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. Existing law also authorizes a county to establish a child abuse multidisciplinary personnel team within the county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to specified provisions. These multidisciplinary entities are similarly defined to include, among others, psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel.
This bill would expand the definitions of multidisciplinary personnel and child abuse multidisciplinary personnel teams to specifically include clinical social workers and professional clinical counselors.
(13)This bill would incorporate additional changes to Section 4999.62 of the Business and Professions Code proposed by SB 1491 to be operative only if this bill and SB 1491 are enacted and this bill is enacted last. This bill would also incorporate additional changes to Sections 4999.62 and 4999.63 of the Business and Professions Code proposed by AB 93 and SB 1491 that would become operative if this bill and AB 93, this bill and SB 1491, or all 3 bills are enacted and this bill is enacted last.
(13)(14)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.
(1)The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology and makes a violation of its provisions a crime. This law does not prevent qualified members of specified recognized professional groups from doing work of a psychological nature consistent with the law, as provided. This law describes a psychological corporation as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees.
Existing law establishes the Board of Behavioral Sciences and makes it responsible for the licensure and regulation of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
This bill would list licensed professional clinical counselors as one of those recognized professional groups not prohibited from doing psychological work and would include a licensed professional clinical counselor as a healing arts licensee allowed to render services in a psychological corporation. By expanding the scope of a crime under the Psychology Licensing Law, the bill would impose a state-mandated local program.
(2)The Psychiatric Technicians Law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the Department of Consumer Affairs, to license and regulate vocational nurses and psychiatric technicians.
This bill would provide that the Psychiatric Technicians Law does not apply to professional clinical counselors.
(3)Existing law requires an applicant seeking licensure as a professional clinical counselor to possess a degree that contains the equivalent of at least 3 semester units or 41/2 quarter units of graduate study in specified core content areas. Existing law allows an applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process.
This bill would instead require the equivalent of at least 3 semester units or 4 quarter units of graduate study in specified core content areas. The bill would allow an applicant whose application for licensure is received by the board on or before August 31, 2020, or whose application for registration was received by the board by that date and whose registration was subsequently issued to satisfy deficiencies in the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process by completing post-masters or postdoctoral degree coursework.
(4)The Confidentiality of Medical Information Act authorizes the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that the specified healing arts licensee may incur. A violation of the act that results in economic loss or personal injury to a patient is punishable as a crime.
This bill would expand this provision to include licensed clinical social workers and licensed professional clinical counselors. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(5)Existing law requires the governing board of a school district to establish an open enrollment policy within the district, as specified, as a condition of receiving certain school apportionments from the State School Fund. Under existing law, the open enrollment policy may provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area. A finding of these special circumstances may be based on a written statement from, among others, specified licensed or registered professionals.
This bill would additionally authorize a finding of special circumstances to be based on a written statement from a licensed professional clinical counselor.
(6)Existing law sets forth the qualifications for a court-connected or private child custody evaluator. Under existing law, in addition to specified education, experience, and training requirements, a person may be a child custody evaluator only if he or she meets one of specified licensure or certification criteria. Existing law requires a child custody evaluator to declare under penalty of perjury that he or she meets specified education, experience, training, and licensing requirements, as specified.
This bill would additionally authorize a licensed professional clinical counselor who is qualified to assess couples and families and who meets the education, experience, and training requirements to be a child custody evaluator. The bill would require a licensed professional clinical counselor who is a child custody evaluator to make the above-described declaration under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
(7)Under existing law, for purposes of terminating parental rights in an adoption proceeding, a court is required to attempt to identify all alleged fathers and presumed parents by causing the mother and any other appropriate person to be questioned, in the case of a stepparent adoption, the licensed clinical social worker or licensed marriage and family therapist who is performing a specified written investigative report.
This bill would additionally authorize a licensed professional clinical counselor who is performing the investigative report to question the mother or other appropriate person under the above-described circumstances.
(8)Existing law authorizes a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents under specified circumstances, including when the childs parent or parents are mentally disabled and are likely to remain so in the foreseeable future. Under existing law, in support of a finding of mental disability, a court has discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, with specified experience, in circumstances where the court determines that this testimony is in the best interests of the child and is warranted by the circumstances of the particular family or parenting issues involved.
This bill would additionally authorize the court to call a licensed professional clinical counselor to provide this testimony, as specified.
(9)Existing law authorizes a petition to be filed by an interested person, as defined, for an order or judgment declaring a child free from the custody and control of either or both parents under specified circumstances. Upon the filing of the petition, existing law requires the clerk of the court to notify one of specified agencies or appropriately licensed individuals to investigate the circumstances of the child and report to the court, as specified.
This bill would include a licensed professional clinical counselor as one of the individuals authorized to investigate the circumstances of the child in the above proceedings.
(10)Existing law defines an adoption service provider to include licensed or approved adoption agencies, as specified, and licensed clinical social workers and marriage and family therapists with a minimum of 5 years of experience providing professional social work or adoption casework services, as prescribed. Existing law requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency, if the petitioner so elects.
This bill would expand the definition of an adoption service provider to include a licensed clinical professional counselor with similar qualifications. The bill would additionally authorize a petitioner in a stepparent adoption request to elect to have the investigative report completed by a licensed professional clinical counselor.
(11)Existing law relating to workers compensation provides that treatment reasonably required to cure or relieve the effects of an injury include the services of licensed marriage and family therapists and clinical social workers.
This bill would expand those provisions to include the services of licensed professional clinical counselors.
(12)Existing law establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect. Existing law provides for multidisciplinary personnel in this regard as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. Existing law also authorizes a county to establish a child abuse multidisciplinary personnel team within the county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to specified provisions. These multidisciplinary entities are similarly defined to include, among others, psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel.
This bill would expand the definitions of multidisciplinary personnel and child abuse multidisciplinary personnel teams to specifically include clinical social workers and professional clinical counselors.
(13)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.
(1)The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology and makes a violation of its provisions a crime. This law does not prevent qualified members of specified recognized professional groups from doing work of a psychological nature consistent with the law, as provided. This law describes a psychological corporation as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees.
Existing law establishes the Board of Behavioral Sciences and makes it responsible for the licensure and regulation of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
This bill would list licensed professional clinical counselors as one of those recognized professional groups not prohibited from doing psychological work and would include a licensed professional clinical counselor as a healing arts licensee allowed to render services in a psychological corporation. By expanding the scope of a crime under the Psychology Licensing Law, the bill would impose a state-mandated local program.
(2)The Psychiatric Technicians Law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the Department of Consumer Affairs, to license and regulate vocational nurses and psychiatric technicians.
This bill would provide that the Psychiatric Technicians Law does not apply to professional clinical counselors.
(3)Existing law requires an applicant seeking licensure as a professional clinical counselor to possess a degree that contains the equivalent of at least 3 semester units or 41/2 quarter units of graduate study in specified core content areas. Existing law allows an applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process.
This bill would instead require the equivalent of at least 3 semester units or 4 quarter units of graduate study in specified core content areas. The bill would allow an applicant whose application for licensure is received by the board on or before August 31, 2020, or whose application for registration was received by the board by that date and whose registration was subsequently issued to satisfy deficiencies in the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process by completing post-masters or postdoctoral degree coursework.
(4)The Confidentiality of Medical Information Act authorizes the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that the specified healing arts licensee may incur. A violation of the act that results in economic loss or personal injury to a patient is punishable as a crime.
This bill would expand this provision to include licensed clinical social workers and licensed professional clinical counselors. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(5)Existing law requires the governing board of a school district to establish an open enrollment policy within the district, as specified, as a condition of receiving certain school apportionments from the State School Fund. Under existing law, the open enrollment policy may provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area. A finding of these special circumstances may be based on a written statement from, among others, specified licensed or registered professionals.
This bill would additionally authorize a finding of special circumstances to be based on a written statement from a licensed professional clinical counselor.
(6)Existing law sets forth the qualifications for a court-connected or private child custody evaluator. Under existing law, in addition to specified education, experience, and training requirements, a person may be a child custody evaluator only if he or she meets one of specified licensure or certification criteria. Existing law requires a child custody evaluator to declare under penalty of perjury that he or she meets specified education, experience, training, and licensing requirements, as specified.
This bill would additionally authorize include a licensed professional clinical counselor who is qualified to assess couples and families and who meets the education, experience, and training requirements to be a child custody evaluator. The bill would require a licensed professional clinical counselor who is a child custody evaluator to make the above-described declaration under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
(7)Under existing law, for purposes of terminating parental rights in an adoption proceeding, a court is required to attempt to identify all alleged fathers and presumed parents by causing the mother and any other appropriate person to be questioned, in the case of a stepparent adoption, the licensed clinical social worker or licensed marriage and family therapist who is performing a specified written investigative report.
This bill would additionally authorize a licensed professional clinical counselor who is performing the investigative report to question the mother or other appropriate person under the above-described circumstances.
(8)Existing law authorizes a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents under specified circumstances, including when the childs parent or parents are mentally disabled and are likely to remain so in the foreseeable future. Under existing law, in support of a finding of mental disability, a court has discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, with specified experience, in circumstances where the court determines that this testimony is in the best interests of the child and is warranted by the circumstances of the particular family or parenting issues involved.
This bill would additionally authorize the court to call a licensed professional clinical counselor to provide this testimony, as specified.
(9)Existing law authorizes a petition to be filed by an interested person, as defined, for an order or judgment declaring a child free from the custody and control of either or both parents under specified circumstances. Upon the filing of the petition, existing law requires the clerk of the court to notify one of specified agencies or appropriately licensed individuals to investigate the circumstances of the child and report to the court, as specified.
This bill would include a licensed professional clinical counselor as one of the individuals authorized to investigate the circumstances of the child in the above proceedings.
(10)Existing law defines an adoption service provider to include licensed or approved adoption agencies, as specified, and licensed clinical social workers and marriage and family therapists with a minimum of 5 years of experience providing professional social work or adoption casework services, as prescribed. Existing law requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency, if the petitioner so elects.
This bill would expand the definition of an adoption service provider to include a licensed clinical professional counselor with similar qualifications. The bill would additionally authorize a petitioner in a stepparent adoption request to elect to have the investigative report completed by a licensed professional clinical counselor.
(11)Existing law relating to workers compensation provides that treatment reasonably required to cure or relieve the effects of an injury include the services of licensed marriage and family therapists and clinical social workers.
This bill would expand those provisions to include the services of licensed professional clinical counselors.
(12)Existing law establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect. Existing law provides for multidisciplinary personnel in this regard as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. Existing law also authorizes a county to establish a child abuse multidisciplinary personnel team within the county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to specified provisions. These multidisciplinary entities are similarly defined to include, among others, psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel.
This bill would expand the definitions of multidisciplinary personnel and child abuse multidisciplinary personnel teams to specifically include clinical social workers and professional clinical counselors.
(13)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.
(1)The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology and makes a violation of its provisions a crime. This law does not prevent qualified members of specified recognized professional groups from doing work of a psychological nature consistent with the law, as provided. This law describes a psychological corporation as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees.
Existing law establishes the Board of Behavioral Sciences and makes it responsible for the licensure and regulation of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
This bill would list licensed professional clinical counselors as one of those recognized professional groups not prohibited from doing psychological work and would include a licensed professional clinical counselor as a healing arts licensee allowed to render services in a psychological corporation. By expanding the scope of a crime under the Psychology Licensing Law, the bill would impose a state-mandated local program.
(2)The Psychiatric Technicians Law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the Department of Consumer Affairs, to license and regulate vocational nurses and psychiatric technicians.
This bill would provide that the Psychiatric Technicians Law does not apply to professional clinical counselors.
(3)Existing law requires an applicant seeking licensure as a professional clinical counselor to possess a degree that contains the equivalent of at least 3 semester units or 41/2 quarter units of graduate study in specified core content areas. Existing law allows an applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process.
This bill would instead require the equivalent of at least 3 semester units or 4 quarter units of graduate study in specified core content areas. The bill would allow an applicant whose application for licensure is received by the board on or before August 31, 2020, or who is registered as an associate by that date, whose application for registration was received by the board by that date and whose registration was subsequently issued to satisfy deficiencies in the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process by completing post-masters or postdoctoral degree coursework.
(4)The Confidentiality of Medical Information Act authorizes the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that the specified healing arts licensee may incur. A violation of the act that results in economic loss or personal injury to a patient is punishable as a crime.
This bill would expand this provision to include licensed clinical social workers and licensed professional clinical counselors. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(5)Existing law requires the governing board of a school district to establish an open enrollment policy within the district, as specified, as a condition of receiving certain school apportionments from the State School Fund. Under existing law, the open enrollment policy may provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area. A finding of these special circumstances may be based on a written statement from, among others, specified licensed or registered professionals.
This bill would additionally authorize a finding of special circumstances to be based on a written statement from a licensed professional clinical counselor.
(6)Existing law sets forth the qualifications for a court-connected or private child custody evaluator. Under existing law, in addition to specified education, experience, and training requirements, a person may be a child custody evaluator only if he or she meets one of specified licensure or certification criteria.
This bill would additionally authorize include a licensed professional clinical counselor who meets the education, experience, and training requirements to be a child custody evaluator.
(7)Under existing law, for purposes of terminating parental rights in an adoption proceeding, a court is required to attempt to identify all alleged fathers and presumed parents by causing the mother and any other appropriate person to be questioned, in the case of a stepparent adoption, the licensed clinical social worker or licensed marriage and family therapist who is performing a specified written investigative report.
This bill would additionally authorize a licensed professional clinical counselor who is performing the investigative report to question the mother or other appropriate person under the above-described circumstances.
(8)Existing law authorizes a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents under specified circumstances, including when the childs parent or parents are mentally disabled and are likely to remain so in the foreseeable future. Under existing law, in support of a finding of mental disability, a court has discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, with specified experience, in circumstances where the court determines that this testimony is in the best interests of the child and is warranted by the circumstances of the particular family or parenting issues involved.
This bill would additionally authorize the court to call a licensed professional clinical counselor to provide this testimony, as specified.
(9)Existing law authorizes a petition to be filed by an interested person, as defined, for an order or judgment declaring a child free from the custody and control of either or both parents under specified circumstances. Upon the filing of the petition, existing law requires the clerk of the court to notify one of specified agencies or appropriately licensed individuals to investigate the circumstances of the child and report to the court, as specified.
This bill would include a licensed professional clinical counselor as one of the individuals authorized to investigate the circumstances of the child in the above proceedings.
(10)Existing law defines an adoption service provider to include licensed or approved adoption agencies, as specified, and licensed clinical social workers and marriage and family therapists with a minimum of 5 years of experience providing professional social work or adoption casework services, as prescribed. Existing law requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency, if the petitioner so elects.
This bill would expand the definition of an adoption service provider to include a licensed clinical professional counselor with similar qualifications. The bill would additionally authorize a petitioner in a stepparent adoption request to elect to have the investigative report completed by a licensed professional clinical counselor.
(11)Existing law relating to workers compensation provides that treatment reasonably required to cure or relieve the effects of an injury include the services of licensed marriage and family therapists and clinical social workers.
This bill would expand those provisions to include the services of licensed professional clinical counselors.
(12)Existing law establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect. Existing law provides for multidisciplinary personnel in this regard as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. Existing law also authorizes a county to establish a child abuse multidisciplinary personnel team within the county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to specified provisions. These multidisciplinary entities are similarly defined to include, among others, psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel.
This bill would expand the definitions of multidisciplinary personnel and child abuse multidisciplinary personnel teams to specifically include clinical social workers and professional clinical counselors.
(13)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.
(1)The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology and makes a violation of its provisions a crime. This law does not prevent qualified members of specified recognized professional groups from doing work of a psychological nature consistent with the law, as provided. This law describes a psychological corporation as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees.
Existing law establishes the Board of Behavioral Sciences and makes it responsible for the licensure and regulation of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists.
This bill would list licensed professional clinical counselors as one of those recognized professional groups not prohibited from doing psychological work and would include a licensed professional clinical counselor as a healing arts licensee allowed to render services in a psychological corporation. By expanding the scope of a crime under the Psychology Licensing Law, the bill would impose a state-mandated local program.
(2)The Psychiatric Technicians Law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the Department of Consumer Affairs, to license and regulate vocational nurses and psychiatric technicians.
This bill would provide that the Psychiatric Technicians Law does not apply to professional clinical counselors.
(3)Existing law requires an applicant seeking licensure as a professional clinical counselor to possess a degree that contains the equivalent of at least 3 semester units or 41/2 quarter units of graduate study in specified core content areas. Existing law allows an applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process.
This bill would instead require the equivalent of at least 3 semester units or 4 quarter units of graduate study in specified core content areas. The bill would allow an applicant whose application is received by the board on or before August 31, 2020, or who is registered as an associate by that date, to satisfy deficiencies in the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process by completing post-masters or postdoctoral degree coursework.
(4)The Confidentiality of Medical Information Act authorizes the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that the specified healing arts licensee may incur. A violation of the act that results in economic loss or personal injury to a patient is punishable as a crime.
This bill would expand this provision to include licensed clinical social workers and licensed professional clinical counselors. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program.
(5)Existing law requires the governing board of a school district to establish an open enrollment policy within the district, as specified, as a condition of receiving certain school apportionments from the State School Fund. Under existing law, the open enrollment policy may provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area. A finding of these special circumstances may be based on a written statement from, among others, specified licensed or registered professionals.
This bill would additionally authorize a finding of special circumstances to be based on a written statement from a licensed professional clinical counselor.
(6)Existing law sets forth the qualifications for a court-connected or private child custody evaluator. Under existing law, in addition to specified education, experience, and training requirements, a person may be a child custody evaluator only if he or she meets one of specified licensure or certification criteria.
This bill would additionally authorize include a licensed professional clinical counselor who meets the education, experience, and training requirements to be a child custody evaluator.
(7)Under existing law, for purposes of terminating parental rights in an adoption proceeding, a court is required to attempt to identify all alleged fathers and presumed parents by causing the mother and any other appropriate person to be questioned, in the case of a stepparent adoption, the licensed clinical social worker or licensed marriage and family therapist who is performing a specified written investigative report.
This bill would additionally authorize a licensed professional clinical counselor who is performing the investigative report to question the mother or other appropriate person under the above-described circumstances.
(8)Existing law authorizes a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents under specified circumstances, including when the childs parent or parents are mentally disabled and are likely to remain so in the foreseeable future. Under existing law, in support of a finding of mental disability, a court has discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, with specified experience, in circumstances where the court determines that this testimony is in the best interests of the child and is warranted by the circumstances of the particular family or parenting issues involved.
This bill would additionally authorize the court to call a licensed professional clinical counselor to provide this testimony, as specified.
(9)Existing law authorizes a petition to be filed by an interested person, as defined, for an order or judgment declaring a child free from the custody and control of either or both parents under specified circumstances. Upon the filing of the petition, existing law requires the clerk of the court to notify one of specified agencies or appropriately licensed individuals to investigate the circumstances of the child and report to the court, as specified.
This bill would include a licensed professional clinical counselor as one of the individuals authorized to investigate the circumstances of the child in the above proceedings.
(10)Existing law defines an adoption service provider to include licensed or approved adoption agencies, as specified, and licensed clinical social workers and marriage and family therapists with a minimum of 5 years of experience providing professional social work or adoption casework services, as prescribed. Existing law requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by a licensed clinical social worker, a licensed marriage and family therapist, or a private licensed adoption agency, if the petitioner so elects.
This bill would expand the definition of an adoption service provider to include a licensed clinical professional counselor with similar qualifications. The bill would additionally authorize a petitioner in a stepparent adoption request to elect to have the investigative report completed by a licensed professional clinical counselor.
(11)Existing law relating to workers compensation provides that treatment reasonably required to cure or relieve the effects of an injury include the services of licensed marriage and family therapists and clinical social workers.
This bill would expand those provisions to include the services of licensed professional clinical counselors.
(12)Existing law establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect. Existing law provides for multidisciplinary personnel in this regard as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. Existing law also authorizes a county to establish a child abuse multidisciplinary personnel team within the county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to specified provisions. These multidisciplinary entities are similarly defined to include, among others, psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel.
This bill would expand the definitions of multidisciplinary personnel and child abuse multidisciplinary personnel teams to specifically include clinical social workers and professional clinical counselors.
(13)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 provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the department to levy a pro rata share of the departments administrative expenses against any of the boards at the discretion of the Director of Consumer Affairs and with the approval of the Department of Finance.This bill would make a nonsubstantive change to that provision.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the department to levy a pro rata share of the departments administrative expenses against any of the boards at the discretion of the Director of Consumer Affairs and with the approval of the Department of Finance.
This bill would make a nonsubstantive change to that provision.
Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words psychological, psychologist, psychology, psychometrist, psychometrics, or psychometry, or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.
SEC. 2.Section 2995 of the Business and Professions Code is amended to read:2995.A psychological 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 psychologists, podiatrists, registered nurses, optometrists, marriage and family therapists, licensed professional clinical counselors, licensed clinical social workers, chiropractors, acupuncturists, or physicians are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
SEC. 3.Section 4507 of the Business and Professions Code is amended to read:4507.This chapter shall not apply to the following:
(a)Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f)Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(h)Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(i)Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(j)Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(k)Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.
SEC. 4.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin graduate study before August 1, 2012, and complete that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
SEC. 4.5.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who began graduate study before August 1, 2012, and completed that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester units or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual of Mental Disorders, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing postmasters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c), unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
SEC. 5.Section 4999.33 of the Business and Professions Code is amended to read:4999.33.(a)This section shall apply to the following:
(1)Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2)Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3)Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in all of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(J)Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified.
(K)Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources.
(L)Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster.
(M)Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(2)In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Professional writing including documentation of services, treatment plans, and progress notes.
(I)How to find and use resources.
(J)Other recognized counseling interventions.
(K)A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following:
(1)The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position.
(2)The understanding of human behavior within the social context of a representative variety of the cultures found within California.
(3)Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California.
(4)An understanding of the effects of socioeconomic status on treatment and available resources.
(5)Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability and their incorporation into the psychotherapeutic process.
(6)Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution.
(7)Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(8)Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics.
(9)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.
(10)Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e)A degree program that qualifies for licensure under this section shall do all of the following:
(1)Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2)Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3)Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f)(1)(A)An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
SEC. 6.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.1.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.2.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.3.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 7.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.1.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.2.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the supervised practicum or field study experience requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.3.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the supervised practicum or field study experience requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 8.Section 56.105 of the Civil Code is amended to read:56.105.Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physicians and surgeons certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patients behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patients legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patients legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patients authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
SEC. 9.Section 35160.5 of the Education Code is amended to read:35160.5.(a)The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)For purposes of this subdivision, extracurricular activity means a program that has all of the following characteristics:
(A)The program is supervised or financed by the school district.
(B)Pupils participating in the program represent the school district.
(C)Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)The program includes both preparation for performance and performance before an audience or spectators.
(2)For purposes of this subdivision, an extracurricular activity is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)For purposes of this subdivision, a cocurricular activity is defined as a program that may be associated with the curriculum in a regular classroom.
(4)A teacher graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)For purposes of this subdivision, satisfactory educational progress shall include, but not necessarily be limited to, both of the following:
(A)Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B)Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)For purposes of this subdivision, previous grading period does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, previous grading period is deemed to mean the grading period immediately prior to the grading period or periods excluded pursuant to this paragraph.
(7)A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section.
(8)The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(9)This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)(1)On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the state school fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)The policy shall include all of the following elements:
(A)It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of his or her residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)(i)It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following:
(I)A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors.
(II)A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as his or her primary place of employment.
(4)To the extent required and financed by federal law and at the request of the pupils parent or guardian, each school district shall provide transportation assistance to the pupil.
SEC. 10.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as an associate marriage and family therapist who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as an associate professional clinical counselor who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.48, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 11.Section 3110.5 of the Family Code is amended to read:3110.5.(a)A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)(1)On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B)The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)Childrens patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)The effects of sexual abuse on children.
(C)The nature and extent of child sexual abuse.
(D)The social and family dynamics of child sexual abuse.
(E)Techniques for identifying and assisting families affected by child sexual abuse.
(F)Legal rights, protections, and remedies available to victims of child sexual abuse.
(c)In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria:
(1)He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4)He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)He or she is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code and is qualified to assess couples and families pursuant to paragraph (3) of subdivision (a) of Section 4999.20 of the Business and Professions Code.
(6)He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
SEC. 12.Section 7663 of the Family Code is amended to read:7663.(a)In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1)The State Department of Social Services.
(2)A licensed county adoption agency.
(3)The licensed adoption agency to which the child is to be relinquished.
(4)In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b)The inquiry shall include all of the following:
(1)Whether the mother was married at the time of conception of the child or at any time thereafter.
(2)Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3)Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(4)Whether any person has formally or informally acknowledged or declared his or her possible parentage of the child.
(5)The names and whereabouts, if known, of every person presumed or man alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c)The agency that completes the inquiry shall file a written report of the findings with the court.
SEC. 13.Section 7827 of the Family Code is amended to read:7827.(a)Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b)A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c)Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d)If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1)A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2)A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e)If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
SEC. 14.Section 7850 of the Family Code is amended to read:7850.Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).
SEC. 15.Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b)The report shall include all of the following:
(1)A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2)A statement of the childs feelings and thoughts concerning the pending proceeding.
(3)A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with his or her parent or parents.
(4)A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(c)If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d)The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
SEC. 16.Section 8502 of the Family Code is amended to read:8502.(a)Adoption service provider means any of the following:
(1)A licensed private adoption agency.
(2)An individual who has presented satisfactory evidence to the department that he or she is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)An individual who has presented satisfactory evidence to the department that he or she is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)An individual who has presented satisfactory evidence to the department that he or she is a licensed professional clinical counselor who has a minimum of five years experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if he or she has performed professional adoption casework services as required by this paragraph.
(b)If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. Reasonably available means that an adoption service provider is all of the following:
(1)Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)Within 100 miles of the birth mother.
(3)Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
SEC. 17.Section 9001 of the Family Code is amended to read:9001.(a)Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the courts own motion. Home study as used in this section means a physical investigation of the premises where the child is residing.
(b)At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
SEC. 18.Section 3209.8 of the Labor Code is amended to read:3209.8.Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. This section does not authorize marriage and family therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist, professional clinical counselor, or clinical social worker.
SEC. 19.Section 18951 of the Welfare and Institutions Code is amended to read:18951.As used in this chapter:
(a)Child means an individual under 18 years of age.
(b)Child services means services for or on behalf of children, and includes the following:
(1)Protective services.
(2)Caretaker services.
(3)Day care services, including dropoff care.
(4)Homemaker services or family aides.
(5)Counseling services.
(c)Adult services means services for or on behalf of a parent of a child, which shall include, but not be limited to, the following:
(1)Access to voluntary placement, long or short term.
(2)Counseling services before and after a crisis.
(3)Homemaker services or family aides.
(d)Multidisciplinary personnel means a team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. The team may include, but need not be limited to, any of the following:
(1)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(2)Police officers or other law enforcement agents.
(3)Medical personnel with sufficient training to provide health services.
(4)Social workers with experience or training in child abuse prevention, identification, management, or treatment.
(5)A public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee.
(6)A CalWORKs case manager whose primary responsibility is to provide cross program case planning and coordination of CalWORKs and child welfare services for those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
(e)Child abuse as used in this chapter means a situation in which a child suffers from any one or more of the following:
(1)Serious physical injury inflicted upon the child by other than accidental means.
(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3)Going without necessary and basic physical care.
(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances that indicate that the childs health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5)Any condition that results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the childs present or future health, opportunity for normal development, or capacity for independence.
(f)Parent means a person who exercises care, custody, and control of the child as established by law.
SEC. 20.Section 18961.7 of the Welfare and Institutions Code is amended to read:18961.7.(a)Notwithstanding any other law, a county may establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.
(b)For the purposes of this section, the following terms shall have the following meanings:
(1)Child abuse multidisciplinary personnel team means a team of two or more persons who are trained in the prevention, identification, or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include, but shall not be limited to:
(A)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(B)Police officers or other law enforcement agents.
(C)Medical personnel with sufficient training to provide health services.
(D)Social services workers with experience or training in child abuse prevention.
(E)A public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee.
(2)Provider agency means a governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information under this section shall include, but not be limited to, the following entities or service agencies:
(A)Social services.
(B)Childrens services.
(C)Health services.
(D)Mental health services.
(E)Probation.
(F)Law enforcement.
(G)Schools.
(c)(1)Notwithstanding Section 827 of the Welfare and Institutions Code or any other law, during a 30-day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse may disclose to and exchange with one another information and writings that relate to any incident of child abuse that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse. A discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
(2)Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the child abuse multidisciplinary personnel who are involved in that disclosure or exchange of information.
(3)Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the child abuse multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).
(d)The child abuse multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).
(e)The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the child abuse multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the child abuse multidisciplinary personnel team.
(f)Every member of the child abuse multidisciplinary personnel team who receives information or records regarding children and families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
(h)Information and records communicated or provided to the team members by all providers and agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.
SEC. 21.(a)Section 4.5 of this bill incorporates amendments to Section 4999.32 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.32 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1491, in which case Section 4 of this bill shall not become operative.
(b)(1)Section 6.1 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by both this bill and Assembly Bill 93. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.62 of the Business and Professions Code, and (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 93, in which case Sections 6, 6.2, and 6.3, of this bill shall not become operative.
(2)Section 6.2 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.62 of the Business and Professions Code, (3) Assembly Bill 93 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491 in which case Sections 6, 6.1, and 6.3 of this bill shall not become operative.
(3)Section 6.3 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by this bill, Assembly Bill 93, and Senate Bill 1491. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 4999.62 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 93 and Senate Bill 1491, in which case Sections 6, 6.1, and 6.2 of this bill shall not become operative.
(c)(1)Section 7.1 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by both this bill and Assembly Bill 93. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.63 of the Business and Professions Code, and (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 93, in which case Sections 7, 7.2, and 7.3 of this bill shall not become operative.
(2)Section 7.2 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.63 of the Business and Professions Code, (3) Assembly Bill 93 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491 in which case Sections 7, 7.1, and 7.3 of this bill shall not become operative.
(3)Section 7.3 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by this bill, Assembly Bill 93, and Senate Bill 1491. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 4999.63 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 93 and Senate Bill 1491, in which case Sections 7, 7.1, and 7.2 of this bill shall not become operative.
SEC. 22.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words psychological, psychologist, psychology, psychometrist, psychometrics, or psychometry, or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.
SEC. 2.Section 2995 of the Business and Professions Code is amended to read:2995.A psychological 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 psychologists, podiatrists, registered nurses, optometrists, marriage and family therapists, licensed professional clinical counselors, licensed clinical social workers, chiropractors, acupuncturists, or physicians are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
SEC. 3.Section 4507 of the Business and Professions Code is amended to read:4507.This chapter shall not apply to the following:
(a)Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f)Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(h)Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(i)Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(j)Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(k)Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.
SEC. 4.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin graduate study before August 1, 2012, and complete that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
SEC. 4.5.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who began graduate study before August 1, 2012, and completed that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester units or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual of Mental Disorders, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing postmasters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c), unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
SEC. 5.Section 4999.33 of the Business and Professions Code is amended to read:4999.33.(a)This section shall apply to the following:
(1)Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2)Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3)Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in all of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(J)Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified.
(K)Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources.
(L)Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster.
(M)Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(2)In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Professional writing including documentation of services, treatment plans, and progress notes.
(I)How to find and use resources.
(J)Other recognized counseling interventions.
(K)A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following:
(1)The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position.
(2)The understanding of human behavior within the social context of a representative variety of the cultures found within California.
(3)Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California.
(4)An understanding of the effects of socioeconomic status on treatment and available resources.
(5)Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability and their incorporation into the psychotherapeutic process.
(6)Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution.
(7)Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(8)Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics.
(9)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.
(10)Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e)A degree program that qualifies for licensure under this section shall do all of the following:
(1)Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2)Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3)Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f)(1)(A)An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
SEC. 6.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.1.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.2.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.3.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 7.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.1.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.2.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the supervised practicum or field study experience requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.3.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the supervised practicum or field study experience requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 8.Section 56.105 of the Civil Code is amended to read:56.105.Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physicians and surgeons certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patients behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patients legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patients legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patients authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
SEC. 9.Section 35160.5 of the Education Code is amended to read:35160.5.(a)The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)For purposes of this subdivision, extracurricular activity means a program that has all of the following characteristics:
(A)The program is supervised or financed by the school district.
(B)Pupils participating in the program represent the school district.
(C)Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)The program includes both preparation for performance and performance before an audience or spectators.
(2)For purposes of this subdivision, an extracurricular activity is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)For purposes of this subdivision, a cocurricular activity is defined as a program that may be associated with the curriculum in a regular classroom.
(4)A teacher graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)For purposes of this subdivision, satisfactory educational progress shall include, but not necessarily be limited to, both of the following:
(A)Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B)Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)For purposes of this subdivision, previous grading period does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, previous grading period is deemed to mean the grading period immediately prior to the grading period or periods excluded pursuant to this paragraph.
(7)A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section.
(8)The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(9)This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)(1)On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the state school fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)The policy shall include all of the following elements:
(A)It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of his or her residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)(i)It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following:
(I)A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors.
(II)A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as his or her primary place of employment.
(4)To the extent required and financed by federal law and at the request of the pupils parent or guardian, each school district shall provide transportation assistance to the pupil.
SEC. 10.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as an associate marriage and family therapist who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as an associate professional clinical counselor who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.48, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 11.Section 3110.5 of the Family Code is amended to read:3110.5.(a)A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)(1)On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B)The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)Childrens patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)The effects of sexual abuse on children.
(C)The nature and extent of child sexual abuse.
(D)The social and family dynamics of child sexual abuse.
(E)Techniques for identifying and assisting families affected by child sexual abuse.
(F)Legal rights, protections, and remedies available to victims of child sexual abuse.
(c)In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria:
(1)He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4)He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)He or she is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code and is qualified to assess couples and families pursuant to paragraph (3) of subdivision (a) of Section 4999.20 of the Business and Professions Code.
(6)He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
SEC. 12.Section 7663 of the Family Code is amended to read:7663.(a)In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1)The State Department of Social Services.
(2)A licensed county adoption agency.
(3)The licensed adoption agency to which the child is to be relinquished.
(4)In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b)The inquiry shall include all of the following:
(1)Whether the mother was married at the time of conception of the child or at any time thereafter.
(2)Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3)Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(4)Whether any person has formally or informally acknowledged or declared his or her possible parentage of the child.
(5)The names and whereabouts, if known, of every person presumed or man alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c)The agency that completes the inquiry shall file a written report of the findings with the court.
SEC. 13.Section 7827 of the Family Code is amended to read:7827.(a)Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b)A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c)Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d)If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1)A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2)A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e)If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
SEC. 14.Section 7850 of the Family Code is amended to read:7850.Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).
SEC. 15.Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b)The report shall include all of the following:
(1)A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2)A statement of the childs feelings and thoughts concerning the pending proceeding.
(3)A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with his or her parent or parents.
(4)A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(c)If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d)The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
SEC. 16.Section 8502 of the Family Code is amended to read:8502.(a)Adoption service provider means any of the following:
(1)A licensed private adoption agency.
(2)An individual who has presented satisfactory evidence to the department that he or she is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)An individual who has presented satisfactory evidence to the department that he or she is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)An individual who has presented satisfactory evidence to the department that he or she is a licensed professional clinical counselor who has a minimum of five years experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if he or she has performed professional adoption casework services as required by this paragraph.
(b)If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. Reasonably available means that an adoption service provider is all of the following:
(1)Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)Within 100 miles of the birth mother.
(3)Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
SEC. 17.Section 9001 of the Family Code is amended to read:9001.(a)Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the courts own motion. Home study as used in this section means a physical investigation of the premises where the child is residing.
(b)At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
SEC. 18.Section 3209.8 of the Labor Code is amended to read:3209.8.Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. This section does not authorize marriage and family therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist, professional clinical counselor, or clinical social worker.
SEC. 19.Section 18951 of the Welfare and Institutions Code is amended to read:18951.As used in this chapter:
(a)Child means an individual under 18 years of age.
(b)Child services means services for or on behalf of children, and includes the following:
(1)Protective services.
(2)Caretaker services.
(3)Day care services, including dropoff care.
(4)Homemaker services or family aides.
(5)Counseling services.
(c)Adult services means services for or on behalf of a parent of a child, which shall include, but not be limited to, the following:
(1)Access to voluntary placement, long or short term.
(2)Counseling services before and after a crisis.
(3)Homemaker services or family aides.
(d)Multidisciplinary personnel means a team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. The team may include, but need not be limited to, any of the following:
(1)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(2)Police officers or other law enforcement agents.
(3)Medical personnel with sufficient training to provide health services.
(4)Social workers with experience or training in child abuse prevention, identification, management, or treatment.
(5)A public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee.
(6)A CalWORKs case manager whose primary responsibility is to provide cross program case planning and coordination of CalWORKs and child welfare services for those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
(e)Child abuse as used in this chapter means a situation in which a child suffers from any one or more of the following:
(1)Serious physical injury inflicted upon the child by other than accidental means.
(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3)Going without necessary and basic physical care.
(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances that indicate that the childs health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5)Any condition that results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the childs present or future health, opportunity for normal development, or capacity for independence.
(f)Parent means a person who exercises care, custody, and control of the child as established by law.
SEC. 20.Section 18961.7 of the Welfare and Institutions Code is amended to read:18961.7.(a)Notwithstanding any other law, a county may establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.
(b)For the purposes of this section, the following terms shall have the following meanings:
(1)Child abuse multidisciplinary personnel team means a team of two or more persons who are trained in the prevention, identification, or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include, but shall not be limited to:
(A)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(B)Police officers or other law enforcement agents.
(C)Medical personnel with sufficient training to provide health services.
(D)Social services workers with experience or training in child abuse prevention.
(E)A public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee.
(2)Provider agency means a governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information under this section shall include, but not be limited to, the following entities or service agencies:
(A)Social services.
(B)Childrens services.
(C)Health services.
(D)Mental health services.
(E)Probation.
(F)Law enforcement.
(G)Schools.
(c)(1)Notwithstanding Section 827 of the Welfare and Institutions Code or any other law, during a 30-day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse may disclose to and exchange with one another information and writings that relate to any incident of child abuse that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse. A discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
(2)Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the child abuse multidisciplinary personnel who are involved in that disclosure or exchange of information.
(3)Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the child abuse multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).
(d)The child abuse multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).
(e)The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the child abuse multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the child abuse multidisciplinary personnel team.
(f)Every member of the child abuse multidisciplinary personnel team who receives information or records regarding children and families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
(h)Information and records communicated or provided to the team members by all providers and agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.
SEC. 21.(a)Section 4.5 of this bill incorporates amendments to Section 4999.32 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.32 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1491, in which case Section 4 of this bill shall not become operative.
(b)(1)Section 6.1 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by both this bill and Assembly Bill 93. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.62 of the Business and Professions Code, and (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 93, in which case Sections 6, 6.2, and 6.3, of this bill shall not become operative.
(2)Section 6.2 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.62 of the Business and Professions Code, (3) Assembly Bill 93 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491 in which case Sections 6, 6.1, and 6.3 of this bill shall not become operative.
(3)Section 6.3 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by this bill, Assembly Bill 93, and Senate Bill 1491. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 4999.62 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 93 and Senate Bill 1491, in which case Sections 6, 6.1, and 6.2 of this bill shall not become operative.
(c)(1)Section 7.1 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by both this bill and Assembly Bill 93. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.63 of the Business and Professions Code, and (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 93, in which case Sections 7, 7.2, and 7.3 of this bill shall not become operative.
(2)Section 7.2 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.63 of the Business and Professions Code, (3) Assembly Bill 93 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491 in which case Sections 7, 7.1, and 7.3 of this bill shall not become operative.
(3)Section 7.3 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by this bill, Assembly Bill 93, and Senate Bill 1491. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 4999.63 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 93 and Senate Bill 1491, in which case Sections 7, 7.1, and 7.2 of this bill shall not become operative.
SEC. 22.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words psychological, psychologist, psychology, psychometrist, psychometrics, or psychometry, or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.
SEC. 2.Section 2995 of the Business and Professions Code is amended to read:2995.A psychological 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 psychologists, podiatrists, registered nurses, optometrists, marriage and family therapists, licensed professional clinical counselors, licensed clinical social workers, chiropractors, acupuncturists, or physicians are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
SEC. 3.Section 4507 of the Business and Professions Code is amended to read:4507.This chapter shall not apply to the following:
(a)Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f)Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(h)Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(i)Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(j)Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(k)Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.
SEC. 4.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin graduate study before August 1, 2012, and complete that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
(f)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2019, deletes or extends that date.SEC. 4.5.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin began graduate study before August 1, 2012, and complete completed that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester units or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four and one-half quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, Manual of Mental Disorders, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters postmasters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), no an applicant shall not be deficient in the required areas of study specified in subparagraphs subparagraph (E) or (G) of paragraph (1) of subdivision (c). (c), unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four and one-half quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
(f)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2019, deletes or extends that date.SEC. 5.Section 4999.33 of the Business and Professions Code is amended to read:4999.33.(a)This section shall apply to the following:
(1)Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2)Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3)Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in all of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(J)Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified.
(K)Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources.
(L)Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster.
(M)Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(2)In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Professional writing including documentation of services, treatment plans, and progress notes.
(I)How to find and use resources.
(J)Other recognized counseling interventions.
(K)A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following:
(1)The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position.
(2)The understanding of human behavior within the social context of a representative variety of the cultures found within California.
(3)Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California.
(4)An understanding of the effects of socioeconomic status on treatment and available resources.
(5)Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability and their incorporation into the psychotherapeutic process.
(6)Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution.
(7)Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(8)Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics.
(9)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.
(10)Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e)A degree program that qualifies for licensure under this section shall do all of the following:
(1)Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2)Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3)Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f)(1)(A)An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
SEC. 6.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.1.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.2.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 6.3.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 7.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.1.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.2.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum supervised practicum or field study experience requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 7.3.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum supervised practicum or field study experience requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 8.Section 56.105 of the Civil Code is amended to read:56.105.Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physicians and surgeons certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patients behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patients legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patients legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patients authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
SEC. 9.Section 35160.5 of the Education Code is amended to read:35160.5.(a)The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)For purposes of this subdivision, extracurricular activity means a program that has all of the following characteristics:
(A)The program is supervised or financed by the school district.
(B)Pupils participating in the program represent the school district.
(C)Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)The program includes both preparation for performance and performance before an audience or spectators.
(2)For purposes of this subdivision, an extracurricular activity is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)For purposes of this subdivision, a cocurricular activity is defined as a program that may be associated with the curriculum in a regular classroom.
(4)A teacher graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)For purposes of this subdivision, satisfactory educational progress shall include, but not necessarily be limited to, both of the following:
(A)Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B)Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)For purposes of this subdivision, previous grading period does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, previous grading period is deemed to mean the grading period immediately prior to the grading period or periods excluded pursuant to this paragraph.
(7)A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section.
(8)The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(9)This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)(1)On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the state school fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)The policy shall include all of the following elements:
(A)It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of his or her residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)(i)It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following:
(I)A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors.
(II)A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as his or her primary place of employment.
(4)To the extent required and financed by federal law and at the request of the pupils parent or guardian, each school district shall provide transportation assistance to the pupil.
SEC. 10.Section 1010 of the Evidence Code is amended to read:1010.As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a)A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b)A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)A person licensed as a clinical social worker under Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d)A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as an associate marriage and family therapist who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i)A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j)A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k)A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l)An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m)A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n)A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o)A person registered as an associate professional clinical counselor who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, 4999.48, inclusive, of the Business and Professions Code.
(p)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
SEC. 10.SEC. 11.Section 3110.5 of the Family Code is amended to read:3110.5.(a)A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)(1)On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B)The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)Childrens patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)The effects of sexual abuse on children.
(C)The nature and extent of child sexual abuse.
(D)The social and family dynamics of child sexual abuse.
(E)Techniques for identifying and assisting families affected by child sexual abuse.
(F)Legal rights, protections, and remedies available to victims of child sexual abuse.
(c)In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria:
(1)He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4)He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)He or she is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code and is qualified to assess couples and families pursuant to paragraph (3) of subdivision (a) of Section 4999.20 of the Business and Professions Code.
(6)He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
SEC. 11.SEC. 12.Section 7663 of the Family Code is amended to read:7663.(a)In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1)The State Department of Social Services.
(2)A licensed county adoption agency.
(3)The licensed adoption agency to which the child is to be relinquished.
(4)In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b)The inquiry shall include all of the following:
(1)Whether the mother was married at the time of conception of the child or at any time thereafter.
(2)Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3)Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(4)Whether any person has formally or informally acknowledged or declared his or her possible parentage of the child.
(5)The names and whereabouts, if known, of every person presumed or man alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c)The agency that completes the inquiry shall file a written report of the findings with the court.
SEC. 12.SEC. 13.Section 7827 of the Family Code is amended to read:7827.(a)Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b)A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c)Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d)If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1)A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2)A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e)If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
SEC. 13.SEC. 14.Section 7850 of the Family Code is amended to read:7850.Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).
SEC. 14.SEC. 15.Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b)The report shall include all of the following:
(1)A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2)A statement of the childs feelings and thoughts concerning the pending proceeding.
(3)A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with his or her parent or parents.
(4)A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(c)If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d)The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
SEC. 15.SEC. 16.Section 8502 of the Family Code is amended to read:8502.(a)Adoption service provider means any of the following:
(1)A licensed private adoption agency.
(2)An individual who has presented satisfactory evidence to the department that he or she is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)An individual who has presented satisfactory evidence to the department that he or she is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)An individual who has presented satisfactory evidence to the department that he or she is a licensed professional clinical counselor who has a minimum of five years experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if he or she has performed professional adoption casework services as required by this paragraph.
(b)If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. Reasonably available means that an adoption service provider is all of the following:
(1)Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)Within 100 miles of the birth mother.
(3)Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
SEC. 16.SEC. 17.Section 9001 of the Family Code is amended to read:9001.(a)Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the courts own motion. Home study as used in this section means a physical investigation of the premises where the child is residing.
(b)At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
SEC. 17.SEC. 18.Section 3209.8 of the Labor Code is amended to read:3209.8.Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. This section does not authorize marriage and family therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist, professional clinical counselor, or clinical social worker.
SEC. 18.SEC. 19.Section 18951 of the Welfare and Institutions Code is amended to read:18951.As used in this chapter:
(a)Child means an individual under 18 years of age.
(b)Child services means services for or on behalf of children, and includes the following:
(1)Protective services.
(2)Caretaker services.
(3)Day care services, including dropoff care.
(4)Homemaker services or family aides.
(5)Counseling services.
(c)Adult services means services for or on behalf of a parent of a child, which shall include, but not be limited to, the following:
(1)Access to voluntary placement, long or short term.
(2)Counseling services before and after a crisis.
(3)Homemaker services or family aides.
(d)Multidisciplinary personnel means a team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. The team may include, but need not be limited to, any of the following:
(1)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(2)Police officers or other law enforcement agents.
(3)Medical personnel with sufficient training to provide health services.
(4)Social workers with experience or training in child abuse prevention, identification, management, or treatment.
(5)A public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee.
(6)A CalWORKs case manager whose primary responsibility is to provide cross program case planning and coordination of CalWORKs and child welfare services for those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
(e)Child abuse as used in this chapter means a situation in which a child suffers from any one or more of the following:
(1)Serious physical injury inflicted upon the child by other than accidental means.
(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3)Going without necessary and basic physical care.
(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances that indicate that the childs health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5)Any condition that results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the childs present or future health, opportunity for normal development, or capacity for independence.
(f)Parent means a person who exercises care, custody, and control of the child as established by law.
SEC. 19.SEC. 20.Section 18961.7 of the Welfare and Institutions Code is amended to read:18961.7.(a)Notwithstanding any other law, a county may establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.
(b)For the purposes of this section, the following terms shall have the following meanings:
(1)Child abuse multidisciplinary personnel team means a team of two or more persons who are trained in the prevention, identification, or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include, but shall not be limited to:
(A)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(B)Police officers or other law enforcement agents.
(C)Medical personnel with sufficient training to provide health services.
(D)Social services workers with experience or training in child abuse prevention.
(E)A public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee.
(2)Provider agency means a governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information under this section shall include, but not be limited to, the following entities or service agencies:
(A)Social services.
(B)Childrens services.
(C)Health services.
(D)Mental health services.
(E)Probation.
(F)Law enforcement.
(G)Schools.
(c)(1)Notwithstanding Section 827 of the Welfare and Institutions Code or any other law, during a 30-day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse may disclose to and exchange with one another information and writings that relate to any incident of child abuse that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse. A discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
(2)Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the child abuse multidisciplinary personnel who are involved in that disclosure or exchange of information.
(3)Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the child abuse multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).
(d)The child abuse multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).
(e)The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the child abuse multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the child abuse multidisciplinary personnel team.
(f)Every member of the child abuse multidisciplinary personnel team who receives information or records regarding children and families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
(h)Information and records communicated or provided to the team members by all providers and agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.
SEC. 21.(a)Section 4.5 of this bill incorporates amendments to Section 4999.32 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.32 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1491, in which case Section 4 of this bill shall not become operative.
(b)(1)Section 6.1 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by both this bill and Assembly Bill 93. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.62 of the Business and Professions Code, and (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 93, in which case Sections 6, 6.2, and 6.3, of this bill shall not become operative.
(2)Section 6.2 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.62 of the Business and Professions Code, (3) Assembly Bill 93 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491 in which case Sections 6, 6.1, and 6.3 of this bill shall not become operative.
(3)Section 6.3 of this bill incorporates amendments to Section 4999.62 of the Business and Professions Code proposed by this bill, Assembly Bill 93, and Senate Bill 1491. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 4999.62 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 93 and Senate Bill 1491, in which case Sections 6, 6.1, and 6.2 of this bill shall not become operative.
(c)(1)Section 7.1 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by both this bill and Assembly Bill 93. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.63 of the Business and Professions Code, and (3) Senate Bill 1491 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 93, in which case Sections 7, 7.2, and 7.3 of this bill shall not become operative.
(2)Section 7.2 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by both this bill and Senate Bill 1491. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 4999.63 of the Business and Professions Code, (3) Assembly Bill 93 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1491 in which case Sections 7, 7.1, and 7.3 of this bill shall not become operative.
(3)Section 7.3 of this bill incorporates amendments to Section 4999.63 of the Business and Professions Code proposed by this bill, Assembly Bill 93, and Senate Bill 1491. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 4999.63 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 93 and Senate Bill 1491, in which case Sections 7, 7.1, and 7.2 of this bill shall not become operative.
SEC. 20.SEC. 22.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words psychological, psychologist, psychology, psychometrist, psychometrics, or psychometry, or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.
SEC. 2.Section 2995 of the Business and Professions Code is amended to read:2995.A psychological 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 psychologists, podiatrists, registered nurses, optometrists, marriage and family therapists, licensed professional clinical counselors, licensed clinical social workers, chiropractors, acupuncturists, or physicians are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
SEC. 3.Section 4507 of the Business and Professions Code is amended to read:4507.This chapter shall not apply to the following:
(a)Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f)Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(h)Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(i)Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(j)Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(k)Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.
SEC. 4.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin graduate study before August 1, 2012, and complete that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
(f)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2019, deletes or extends that date.
SEC. 5.Section 4999.33 of the Business and Professions Code is amended to read:4999.33.(a)This section shall apply to the following:
(1)Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2)Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3)Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in all of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(J)Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified.
(K)Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources.
(L)Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster.
(M)Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(2)In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Professional writing including documentation of services, treatment plans, and progress notes.
(I)How to find and use resources.
(J)Other recognized counseling interventions.
(K)A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following:
(1)The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position.
(2)The understanding of human behavior within the social context of a representative variety of the cultures found within California.
(3)Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California.
(4)An understanding of the effects of socioeconomic status on treatment and available resources.
(5)Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability and their incorporation into the psychotherapeutic process.
(6)Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution.
(7)Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(8)Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics.
(9)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.
(10)Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e)A degree program that qualifies for licensure under this section shall do all of the following:
(1)Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2)Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3)Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f)(1)(A)An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
SEC. 6.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 7.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 8.Section 56.105 of the Civil Code is amended to read:56.105.Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physicians and surgeons certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patients behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patients legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patients legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patients authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
SEC. 9.Section 35160.5 of the Education Code is amended to read:35160.5.(a)The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)For purposes of this subdivision, extracurricular activity means a program that has all of the following characteristics:
(A)The program is supervised or financed by the school district.
(B)Pupils participating in the program represent the school district.
(C)Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)The program includes both preparation for performance and performance before an audience or spectators.
(2)For purposes of this subdivision, an extracurricular activity is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)For purposes of this subdivision, a cocurricular activity is defined as a program that may be associated with the curriculum in a regular classroom.
(4)A teacher graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)For purposes of this subdivision, satisfactory educational progress shall include, but not necessarily be limited to, both of the following:
(A)Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B)Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)For purposes of this subdivision, previous grading period does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, previous grading period is deemed to mean the grading period immediately prior to the grading period or periods excluded pursuant to this paragraph.
(7)A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section.
(8)The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(9)This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)(1)On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the state school fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)The policy shall include all of the following elements:
(A)It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of his or her residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)(i)It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following:
(I)A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors.
(II)A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as his or her primary place of employment.
(4)To the extent required and financed by federal law and at the request of the pupils parent or guardian, each school district shall provide transportation assistance to the pupil.
SEC. 10.Section 3110.5 of the Family Code is amended to read:3110.5.(a)A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)(1)On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B)The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)Childrens patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)The effects of sexual abuse on children.
(C)The nature and extent of child sexual abuse.
(D)The social and family dynamics of child sexual abuse.
(E)Techniques for identifying and assisting families affected by child sexual abuse.
(F)Legal rights, protections, and remedies available to victims of child sexual abuse.
(c)In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria:
(1)He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4)He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)He or she is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code and is qualified to assess couples and families pursuant to paragraph (3) of subdivision (a) of Section 4999.20 of the Business and Professions Code.
(6)He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
SEC. 11.Section 7663 of the Family Code is amended to read:7663.(a)In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1)The State Department of Social Services.
(2)A licensed county adoption agency.
(3)The licensed adoption agency to which the child is to be relinquished.
(4)In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b)The inquiry shall include all of the following:
(1)Whether the mother was married at the time of conception of the child or at any time thereafter.
(2)Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3)Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(4)Whether any person has formally or informally acknowledged or declared his or her possible parentage of the child.
(5)The names and whereabouts, if known, of every person presumed or man alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c)The agency that completes the inquiry shall file a written report of the findings with the court.
SEC. 12.Section 7827 of the Family Code is amended to read:7827.(a)Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b)A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c)Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d)If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1)A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2)A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e)If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
SEC. 13.Section 7850 of the Family Code is amended to read:7850.Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).
SEC. 14.Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b)The report shall include all of the following:
(1)A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2)A statement of the childs feelings and thoughts concerning the pending proceeding.
(3)A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with his or her parent or parents.
(4)A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(c)If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d)The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
SEC. 15.Section 8502 of the Family Code is amended to read:8502.(a)Adoption service provider means any of the following:
(1)A licensed private adoption agency.
(2)An individual who has presented satisfactory evidence to the department that he or she is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)An individual who has presented satisfactory evidence to the department that he or she is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)An individual who has presented satisfactory evidence to the department that he or she is a licensed professional clinical counselor who has a minimum of five years experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if he or she has performed professional adoption casework services as required by this paragraph.
(b)If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. Reasonably available means that an adoption service provider is all of the following:
(1)Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)Within 100 miles of the birth mother.
(3)Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
SEC. 16.Section 9001 of the Family Code is amended to read:9001.(a)Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the courts own motion. Home study as used in this section means a physical investigation of the premises where the child is residing.
(b)At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
SEC. 17.Section 3209.8 of the Labor Code is amended to read:3209.8.Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. This section does not authorize marriage and family therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist, professional clinical counselor, or clinical social worker.
SEC. 18.Section 18951 of the Welfare and Institutions Code is amended to read:18951.As used in this chapter:
(a)Child means an individual under 18 years of age.
(b)Child services means services for or on behalf of children, and includes the following:
(1)Protective services.
(2)Caretaker services.
(3)Day care services, including dropoff care.
(4)Homemaker services or family aides.
(5)Counseling services.
(c)Adult services means services for or on behalf of a parent of a child, which shall include, but not be limited to, the following:
(1)Access to voluntary placement, long or short term.
(2)Counseling services before and after a crisis.
(3)Homemaker services or family aides.
(d)Multidisciplinary personnel means a team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. The team may include, but need not be limited to, any of the following:
(1)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(2)Police officers or other law enforcement agents.
(3)Medical personnel with sufficient training to provide health services.
(4)Social workers with experience or training in child abuse prevention, identification, management, or treatment.
(5)A public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee.
(6)A CalWORKs case manager whose primary responsibility is to provide cross program case planning and coordination of CalWORKs and child welfare services for those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
(e)Child abuse as used in this chapter means a situation in which a child suffers from any one or more of the following:
(1)Serious physical injury inflicted upon the child by other than accidental means.
(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3)Going without necessary and basic physical care.
(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances that indicate that the childs health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5)Any condition that results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the childs present or future health, opportunity for normal development, or capacity for independence.
(f)Parent means a person who exercises care, custody, and control of the child as established by law.
SEC. 19.Section 18961.7 of the Welfare and Institutions Code is amended to read:18961.7.(a)Notwithstanding any other law, a county may establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.
(b)For the purposes of this section, the following terms shall have the following meanings:
(1)Child abuse multidisciplinary personnel team means a team of two or more persons who are trained in the prevention, identification, or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include, but shall not be limited to:
(A)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(B)Police officers or other law enforcement agents.
(C)Medical personnel with sufficient training to provide health services.
(D)Social services workers with experience or training in child abuse prevention.
(E)A public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee.
(2)Provider agency means a governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information under this section shall include, but not be limited to, the following entities or service agencies:
(A)Social services.
(B)Childrens services.
(C)Health services.
(D)Mental health services.
(E)Probation.
(F)Law enforcement.
(G)Schools.
(c)(1)Notwithstanding Section 827 of the Welfare and Institutions Code or any other law, during a 30-day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse may disclose to and exchange with one another information and writings that relate to any incident of child abuse that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse. A discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
(2)Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the child abuse multidisciplinary personnel who are involved in that disclosure or exchange of information.
(3)Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the child abuse multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).
(d)The child abuse multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).
(e)The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the child abuse multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the child abuse multidisciplinary personnel team.
(f)Every member of the child abuse multidisciplinary personnel team who receives information or records regarding children and families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
(h)Information and records communicated or provided to the team members by all providers and agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.
SEC. 20.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words psychological, psychologist, psychology, psychometrist, psychometrics, or psychometry, or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.
SEC. 2.Section 2995 of the Business and Professions Code is amended to read:2995.A psychological 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 psychologists, podiatrists, registered nurses, optometrists, marriage and family therapists, licensed professional clinical counselors, licensed clinical social workers, chiropractors, acupuncturists, or physicians are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
SEC. 3.Section 4507 of the Business and Professions Code is amended to read:4507.This chapter shall not apply to the following:
(a)Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f)Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(h)Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(i)Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(j)Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(k)Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.
SEC. 4.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin graduate study before August 1, 2012, and complete that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
(f)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2019, deletes or extends that date.
SEC. 5.Section 4999.33 of the Business and Professions Code is amended to read:4999.33.(a)This section shall apply to the following:
(1)Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2)Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3)Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in all of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(J)Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified.
(K)Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources.
(L)Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster.
(M)Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(2)In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Professional writing including documentation of services, treatment plans, and progress notes.
(I)How to find and use resources.
(J)Other recognized counseling interventions.
(K)A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following:
(1)The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position.
(2)The understanding of human behavior within the social context of a representative variety of the cultures found within California.
(3)Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California.
(4)An understanding of the effects of socioeconomic status on treatment and available resources.
(5)Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability and their incorporation into the psychotherapeutic process.
(6)Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution.
(7)Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(8)Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics.
(9)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.
(10)Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e)A degree program that qualifies for licensure under this section shall do all of the following:
(1)Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2)Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3)Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f)(1)(A)An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
SEC. 6.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 7.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 8.Section 56.105 of the Civil Code is amended to read:56.105.Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physicians and surgeons certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patients behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patients legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patients legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patients authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
SEC. 9.Section 35160.5 of the Education Code is amended to read:35160.5.(a)The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)For purposes of this subdivision, extracurricular activity means a program that has all of the following characteristics:
(A)The program is supervised or financed by the school district.
(B)Pupils participating in the program represent the school district.
(C)Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)The program includes both preparation for performance and performance before an audience or spectators.
(2)For purposes of this subdivision, an extracurricular activity is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)For purposes of this subdivision, a cocurricular activity is defined as a program that may be associated with the curriculum in a regular classroom.
(4)A teacher graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)For purposes of this subdivision, satisfactory educational progress shall include, but not necessarily be limited to, both of the following:
(A)Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B)Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)For purposes of this subdivision, previous grading period does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, previous grading period is deemed to mean the grading period immediately prior to the grading period or periods excluded pursuant to this paragraph.
(7)A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section.
(8)The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(9)This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)(1)On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the state school fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)The policy shall include all of the following elements:
(A)It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of his or her residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)(i)It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following:
(I)A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors.
(II)A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as his or her primary place of employment.
(4)To the extent required and financed by federal law and at the request of the pupils parent or guardian, each school district shall provide transportation assistance to the pupil.
SEC. 10.Section 3110.5 of the Family Code is amended to read:3110.5.(a)A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)(1)On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B)The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)Childrens patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)The effects of sexual abuse on children.
(C)The nature and extent of child sexual abuse.
(D)The social and family dynamics of child sexual abuse.
(E)Techniques for identifying and assisting families affected by child sexual abuse.
(F)Legal rights, protections, and remedies available to victims of child sexual abuse.
(c)In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria:
(1)He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4)He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)He or she is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. Code and is qualified to assess couples and families pursuant to paragraph (3) of subdivision (a) of Section 4999.20 of the Business and Professions Code.
(6)He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
SEC. 11.Section 7663 of the Family Code is amended to read:7663.(a)In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1)The State Department of Social Services.
(2)A licensed county adoption agency.
(3)The licensed adoption agency to which the child is to be relinquished.
(4)In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b)The inquiry shall include all of the following:
(1)Whether the mother was married at the time of conception of the child or at any time thereafter.
(2)Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3)Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(4)Whether any person has formally or informally acknowledged or declared his or her possible parentage of the child.
(5)The names and whereabouts, if known, of every person presumed or man alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c)The agency that completes the inquiry shall file a written report of the findings with the court.
SEC. 12.Section 7827 of the Family Code is amended to read:7827.(a)Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b)A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c)Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d)If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1)A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2)A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e)If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
SEC. 13.Section 7850 of the Family Code is amended to read:7850.Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).
SEC. 14.Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b)The report shall include all of the following:
(1)A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2)A statement of the childs feelings and thoughts concerning the pending proceeding.
(3)A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with his or her parent or parents.
(4)A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(c)If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d)The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
SEC. 15.Section 8502 of the Family Code is amended to read:8502.(a)Adoption service provider means any of the following:
(1)A licensed private adoption agency.
(2)An individual who has presented satisfactory evidence to the department that he or she is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)An individual who has presented satisfactory evidence to the department that he or she is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)An individual who has presented satisfactory evidence to the department that he or she is a licensed professional clinical counselor who has a minimum of five years experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if he or she has performed professional adoption casework services as required by this paragraph.
(b)If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. Reasonably available means that an adoption service provider is all of the following:
(1)Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)Within 100 miles of the birth mother.
(3)Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
SEC. 16.Section 9001 of the Family Code is amended to read:9001.(a)Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the courts own motion. Home study as used in this section means a physical investigation of the premises where the child is residing.
(b)At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
SEC. 17.Section 3209.8 of the Labor Code is amended to read:3209.8.Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. This section does not authorize marriage and family therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist, professional clinical counselor, or clinical social worker.
SEC. 18.Section 18951 of the Welfare and Institutions Code is amended to read:18951.As used in this chapter:
(a)Child means an individual under 18 years of age.
(b)Child services means services for or on behalf of children, and includes the following:
(1)Protective services.
(2)Caretaker services.
(3)Day care services, including dropoff care.
(4)Homemaker services or family aides.
(5)Counseling services.
(c)Adult services means services for or on behalf of a parent of a child, which shall include, but not be limited to, the following:
(1)Access to voluntary placement, long or short term.
(2)Counseling services before and after a crisis.
(3)Homemaker services or family aides.
(d)Multidisciplinary personnel means a team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. The team may include, but need not be limited to, any of the following:
(1)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(2)Police officers or other law enforcement agents.
(3)Medical personnel with sufficient training to provide health services.
(4)Social workers with experience or training in child abuse prevention, identification, management, or treatment.
(5)A public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee.
(6)A CalWORKs case manager whose primary responsibility is to provide cross program case planning and coordination of CalWORKs and child welfare services for those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
(e)Child abuse as used in this chapter means a situation in which a child suffers from any one or more of the following:
(1)Serious physical injury inflicted upon the child by other than accidental means.
(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3)Going without necessary and basic physical care.
(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances that indicate that the childs health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5)Any condition that results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the childs present or future health, opportunity for normal development, or capacity for independence.
(f)Parent means a person who exercises care, custody, and control of the child as established by law.
SEC. 19.Section 18961.7 of the Welfare and Institutions Code is amended to read:18961.7.(a)Notwithstanding any other law, a county may establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.
(b)For the purposes of this section, the following terms shall have the following meanings:
(1)Child abuse multidisciplinary personnel team means a team of two or more persons who are trained in the prevention, identification, or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include, but shall not be limited to:
(A)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(B)Police officers or other law enforcement agents.
(C)Medical personnel with sufficient training to provide health services.
(D)Social services workers with experience or training in child abuse prevention.
(E)A public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee.
(2)Provider agency means a governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information under this section shall include, but not be limited to, the following entities or service agencies:
(A)Social services.
(B)Childrens services.
(C)Health services.
(D)Mental health services.
(E)Probation.
(F)Law enforcement.
(G)Schools.
(c)(1)Notwithstanding Section 827 of the Welfare and Institutions Code or any other law, during a 30-day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse may disclose to and exchange with one another information and writings that relate to any incident of child abuse that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse. A discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
(2)Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the child abuse multidisciplinary personnel who are involved in that disclosure or exchange of information.
(3)Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the child abuse multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).
(d)The child abuse multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).
(e)The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the child abuse multidisciplinary team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the child abuse multidisciplinary team.
(f)Every member of the child abuse multidisciplinary personnel team who receives information or records regarding children and families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
(h)Information and records communicated or provided to the team members by all providers and agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.
SEC. 20.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words psychological, psychologist, psychology, psychometrist, psychometrics, or psychometry, or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.
SEC. 2.Section 2995 of the Business and Professions Code is amended to read:2995.A psychological 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 psychologists, podiatrists, registered nurses, optometrists, marriage and family therapists, licensed professional clinical counselors, licensed clinical social workers, chiropractors, acupuncturists, or physicians are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
SEC. 3.Section 4507 of the Business and Professions Code is amended to read:4507.This chapter shall not apply to the following:
(a)Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)Social workers or clinical social workers licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2.
(f)Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(h)Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(i)Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(j)Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(k)Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.
SEC. 4.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin graduate study before August 1, 2012, and complete that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant whose application for a license is received by the board after August 31, 2020, or an applicant who is not registered as an associate by that date, shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c). (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
(f)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2019, deletes or extends that date.
SEC. 5.Section 4999.33 of the Business and Professions Code is amended to read:4999.33.(a)This section shall apply to the following:
(1)Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2)Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3)Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following:
(1)The equivalent of at least three semester units or four quarter units of graduate study in all of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(J)Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified.
(K)Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources.
(L)Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster.
(M)Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(2)In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Professional writing including documentation of services, treatment plans, and progress notes.
(I)How to find and use resources.
(J)Other recognized counseling interventions.
(K)A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following:
(1)The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position.
(2)The understanding of human behavior within the social context of a representative variety of the cultures found within California.
(3)Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California.
(4)An understanding of the effects of socioeconomic status on treatment and available resources.
(5)Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability and their incorporation into the psychotherapeutic process.
(6)Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution.
(7)Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(8)Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics.
(9)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.
(10)Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e)A degree program that qualifies for licensure under this section shall do all of the following:
(1)Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2)Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3)Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f)(1)(A)An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), an applicant whose application for a license is received by the board after August 31, 2020, or an applicant who is not registered as an associate by that date, shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c). (c) unless the applicant meets one of the following criteria and remediates the deficiency:
(i)The application for licensure was received by the board on or before August 31, 2020.
(ii)The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board.
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
SEC. 6.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 7.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 8.Section 56.105 of the Civil Code is amended to read:56.105.Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physicians and surgeons certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patients behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patients legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patients legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patients authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
SEC. 9.Section 35160.5 of the Education Code is amended to read:35160.5.(a)The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)For purposes of this subdivision, extracurricular activity means a program that has all of the following characteristics:
(A)The program is supervised or financed by the school district.
(B)Pupils participating in the program represent the school district.
(C)Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)The program includes both preparation for performance and performance before an audience or spectators.
(2)For purposes of this subdivision, an extracurricular activity is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)For purposes of this subdivision, a cocurricular activity is defined as a program that may be associated with the curriculum in a regular classroom.
(4)A teacher graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)For purposes of this subdivision, satisfactory educational progress shall include, but not necessarily be limited to, both of the following:
(A)Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B)Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)For purposes of this subdivision, previous grading period does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, previous grading period is deemed to mean the grading period immediately prior to the grading period or periods excluded pursuant to this paragraph.
(7)A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section.
(8)The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(9)This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)(1)On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the state school fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)The policy shall include all of the following elements:
(A)It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of his or her residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)(i)It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following:
(I)A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors.
(II)A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as his or her primary place of employment.
(4)To the extent required and financed by federal law and at the request of the pupils parent or guardian, each school district shall provide transportation assistance to the pupil.
SEC. 10.Section 3110.5 of the Family Code is amended to read:3110.5.(a)A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)(1)On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B)The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)Childrens patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)The effects of sexual abuse on children.
(C)The nature and extent of child sexual abuse.
(D)The social and family dynamics of child sexual abuse.
(E)Techniques for identifying and assisting families affected by child sexual abuse.
(F)Legal rights, protections, and remedies available to victims of child sexual abuse.
(c)In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria:
(1)He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4)He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)He or she is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(6)He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
SEC. 11.Section 7663 of the Family Code is amended to read:7663.(a)In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1)The State Department of Social Services.
(2)A licensed county adoption agency.
(3)The licensed adoption agency to which the child is to be relinquished.
(4)In the case of a stepparent adoption, the licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which a licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b)The inquiry shall include all of the following:
(1)Whether the mother was married at the time of conception of the child or at any time thereafter.
(2)Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3)Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(4)Whether any person has formally or informally acknowledged or declared his or her possible parentage of the child.
(5)The names and whereabouts, if known, of every person presumed or man alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c)The agency that completes the inquiry shall file a written report of the findings with the court.
SEC. 12.Section 7827 of the Family Code is amended to read:7827.(a)Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b)A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c)Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d)If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1)A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2)A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e)If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
SEC. 13.Section 7850 of the Family Code is amended to read:7850.Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).
SEC. 14.Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b)The report shall include all of the following:
(1)A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2)A statement of the childs feelings and thoughts concerning the pending proceeding.
(3)A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with his or her parent or parents.
(4)A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(c)If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d)The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
SEC. 15.Section 8502 of the Family Code is amended to read:8502.(a)Adoption service provider means any of the following:
(1)A licensed private adoption agency.
(2)An individual who has presented satisfactory evidence to the department that he or she is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)An individual who has presented satisfactory evidence to the department that he or she is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)An individual who has presented satisfactory evidence to the department that he or she is a licensed professional clinical counselor who has a minimum of five years experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if he or she has performed professional adoption casework services as required by this paragraph.
(b)If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. Reasonably available means that an adoption service provider is all of the following:
(1)Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)Within 100 miles of the birth mother.
(3)Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
SEC. 16.Section 9001 of the Family Code is amended to read:9001.(a)Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the courts own motion. Home study as used in this section means a physical investigation of the premises where the child is residing.
(b)At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
SEC. 17.Section 3209.8 of the Labor Code is amended to read:3209.8.Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. This section does not authorize marriage and family therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist, professional clinical counselor, or clinical social worker.
SEC. 18.Section 18951 of the Welfare and Institutions Code is amended to read:18951.As used in this chapter:
(a)Child means an individual under 18 years of age.
(b)Child services means services for or on behalf of children, and includes the following:
(1)Protective services.
(2)Caretaker services.
(3)Day care services, including dropoff care.
(4)Homemaker services or family aides.
(5)Counseling services.
(c)Adult services means services for or on behalf of a parent of a child, which shall include, but not be limited to, the following:
(1)Access to voluntary placement, long or short term.
(2)Counseling services before and after a crisis.
(3)Homemaker services or family aides.
(d)Multidisciplinary personnel means a team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. The team may include, but need not be limited to, any of the following:
(1)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(2)Police officers or other law enforcement agents.
(3)Medical personnel with sufficient training to provide health services.
(4)Social workers with experience or training in child abuse prevention, identification, management, or treatment.
(5)A public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee.
(6)A CalWORKs case manager whose primary responsibility is to provide cross program case planning and coordination of CalWORKs and child welfare services for those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
(e)Child abuse as used in this chapter means a situation in which a child suffers from any one or more of the following:
(1)Serious physical injury inflicted upon the child by other than accidental means.
(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3)Going without necessary and basic physical care.
(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances that indicate that the childs health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5)Any condition that results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the childs present or future health, opportunity for normal development, or capacity for independence.
(f)Parent means a person who exercises care, custody, and control of the child as established by law.
SEC. 19.Section 18961.7 of the Welfare and Institutions Code is amended to read:18961.7.(a)Notwithstanding any other law, a county may establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.
(b)For the purposes of this section, the following terms shall have the following meanings:
(1)Child abuse multidisciplinary personnel team means a team of two or more persons who are trained in the prevention, identification, or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include, but shall not be limited to:
(A)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(B)Police officers or other law enforcement agents.
(C)Medical personnel with sufficient training to provide health services.
(D)Social services workers with experience or training in child abuse prevention.
(E)A public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee.
(2)Provider agency means a governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information under this section shall include, but not be limited to, the following entities or service agencies:
(A)Social services.
(B)Childrens services.
(C)Health services.
(D)Mental health services.
(E)Probation.
(F)Law enforcement.
(G)Schools.
(c)(1)Notwithstanding Section 827 of the Welfare and Institutions Code or any other law, during a 30-day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse may disclose to and exchange with one another information and writings that relate to any incident of child abuse that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse. A discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
(2)Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the child abuse multidisciplinary personnel who are involved in that disclosure or exchange of information.
(3)Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the child abuse multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).
(d)The child abuse multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).
(e)The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the child abuse multidisciplinary team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the child abuse multidisciplinary team.
(f)Every member of the child abuse multidisciplinary personnel team who receives information or records regarding children and families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
(h)Information and records communicated or provided to the team members by all providers and agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.
SEC. 20.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Nothing in this chapter shall be construed to prevent qualified members of other recognized professional groups licensed to practice in the State of California, such as, but not limited to, physicians, clinical social workers, educational psychologists, marriage and family therapists, licensed professional clinical counselors, optometrists, psychiatric technicians, or registered nurses, or attorneys admitted to the California State Bar, State Bar of California, or persons utilizing hypnotic techniques by referral from persons licensed to practice medicine, dentistry dentistry, or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders, or duly ordained members of the recognized clergy, or duly ordained religious practitioners from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out to the public by any title or description of services incorporating the words psychological, psychologist, psychology, psychometrist, psychometrics, or psychometry, or that they do not state or imply that they are licensed to practice psychology; except that persons licensed under Article 5 Chapter 13.5 (commencing with Section 4986) of Chapter 13 4989.10) of Division 2 may hold themselves out to the public as licensed educational psychologists.
SEC. 2.Section 2995 of the Business and Professions Code is amended to read:2995.A psychological 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 psychologists, podiatrists, registered nurses, optometrists, marriage and family therapists, licensed professional clinical counselors, licensed clinical social workers, chiropractors, acupuncturists, or physicians are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
SEC. 3.Section 4507 of the Business and Professions Code is amended to read:4507.This chapter shall not apply to the following:
(a)Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b)Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c)Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d)Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e)Social workers or clinical social workers licensed pursuant to Chapter 17 14 (commencing with Section 9000) 4991) of Division 3. 2.
(f)Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g)Professional clinical counselors licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2.
(g)(h)Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code.
(h)(i)Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(i)(j)Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(j)(k)Any other categories of persons the board determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.
SEC. 4.Section 4999.32 of the Business and Professions Code is amended to read:4999.32.(a)This section shall apply to applicants for licensure or registration who begin graduate study before August 1, 2012, and complete that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 48 graduate semester or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following:
(1)The equivalent of at least three semester units or four and one-half quarter units of graduate study in each of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(2)In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Other recognized counseling interventions.
(I)A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)(1)(A)An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), no an applicant whose application for a license is received by the board after August 31, 2020, or an applicant who is not registered as an associate by that date, shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c).
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four and one-half quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
(e)In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate:
(1)A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation.
(2)A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(3)A two semester unit or three quarter unit survey course in psychopharmacology.
(4)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics.
(5)A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder.
(6)A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, 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 clients, and state and federal laws related to confidentiality of patient health information. When coursework in a masters or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c).
(7)A minimum of 10 contact hours of instruction in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(8)A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches.
(f)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2019, deletes or extends that date.
SEC. 5.Section 4999.33 of the Business and Professions Code is amended to read:4999.33.(a)This section shall apply to the following:
(1)Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2)Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3)Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b)To qualify for licensure or registration, applicants shall possess a masters or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is counseling or psychotherapy in content if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c).
(c)The degree described in subdivision (b) shall contain not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following:
(1)The equivalent of at least three semester units or four and one-half quarter units of graduate study in all of the following core content areas:
(A)Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters.
(B)Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior.
(C)Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development.
(D)Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness.
(E)Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling.
(F)Multicultural counseling theories and techniques, including counselors roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination.
(G)Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care.
(H)Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation.
(I)Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the professions scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioners sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients.
(J)Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified.
(K)Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources.
(L)Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster.
(M)Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics.
(2)In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations.
(3)Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following:
(A)Applied psychotherapeutic techniques.
(B)Assessment.
(C)Diagnosis.
(D)Prognosis.
(E)Treatment.
(F)Issues of development, adjustment, and maladjustment.
(G)Health and wellness promotion.
(H)Professional writing including documentation of services, treatment plans, and progress notes.
(I)How to find and use resources.
(J)Other recognized counseling interventions.
(K)A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(d)The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following:
(1)The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position.
(2)The understanding of human behavior within the social context of a representative variety of the cultures found within California.
(3)Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California.
(4)An understanding of the effects of socioeconomic status on treatment and available resources.
(5)Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability and their incorporation into the psychotherapeutic process.
(6)Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution.
(7)Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(8)Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics.
(9)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.
(10)Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e)A degree program that qualifies for licensure under this section shall do all of the following:
(1)Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2)Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3)Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f)(1)(A)An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-masters or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12.
(B)Notwithstanding subparagraph (A), no an applicant whose application for a license is received by the board after August 31, 2020, or an applicant who is not registered as an associate by that date, shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c).
(2)Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four and one-half quarter units of study.
(3)The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation.
SEC. 6.Section 4999.62 of the Business and Professions Code is amended to read:4999.62.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of, at a minimum, the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester units or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester units or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(D)The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)(A)The applicant completes the following coursework not already completed in his or her education:
(i)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(ii)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iii)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.
(iv)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experiences of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required under paragraph (2), (3), or (4) not already completed in his or her education while registered with the board as an associate.
SEC. 7.Section 4999.63 of the Business and Professions Code is amended to read:4999.63.(a)This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4999.60.
(b)For purposes of Section 4999.60, education is substantially equivalent if all of the following requirements are met:
(1)The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, and consists of the following:
(A)(i)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction.
(ii)Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.
(B)For an applicant who obtained his or her degree within the timeline prescribed by subdivision (a) of Section 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction.
(C)Six semester units or nine quarter units of practicum, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups.
(i)An applicant who has been licensed for at least two years in clinical practice, as verified by the board, is exempt from this requirement.
(ii)An out-of-state applicant who has been licensed for less than two years in clinical practice, as verified by the board, who does not meet the practicum requirement, shall remediate the requirement by demonstrating completion of a total of 280 hours of face-to-face supervised clinical experience, as specified in subparagraph (K) of paragraph (3) of subdivision (c) of Section 4999.33. Any postdegree hours gained to meet this requirement are in addition to the 3,000 hours of experience required by this chapter, and shall be gained while the applicant is registered with the board as an associate.
(D)The required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33.
(i)(I)An applicant whose degree is deficient in no more than six of the required areas of study specified in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four and one-half quarter units of study.
(II)Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33.
(ii)An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to clients. An applicant shall complete this coursework prior to registration as an associate.
(iii)An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework prior to registration as an associate.
(2)The applicant completes any units required under subdivision (c) of Section 4999.33 not already completed in his or her education as follows:
(A)At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1).
(B)Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12.
(3)The applicant completes the following coursework not already completed in his or her education:
(A)A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction.
(B)A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(C)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 under that section.
(D)A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(E)This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(4)The applicant completes the following coursework not already completed in his or her education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement.
(A)At least three semester units or 45 hours of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(B)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.
(5)An applicant may complete any units and course content requirements required by subparagraph (D) of paragraph (1) or paragraphs (2), (3), and (4) not already completed in his or her education while registered with the board as an associate, unless otherwise specified.
SEC. 8.Section 56.105 of the Civil Code is amended to read:56.105.Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physicians and surgeons certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patients behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.
Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patients legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patients legal representative to receive, upon request, copies of the information at his or her expense.
Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patients authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure.
SEC. 9.Section 35160.5 of the Education Code is amended to read:35160.5.(a)The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period.
(1)For purposes of this subdivision, extracurricular activity means a program that has all of the following characteristics:
(A)The program is supervised or financed by the school district.
(B)Pupils participating in the program represent the school district.
(C)Pupils exercise some degree of freedom in either the selection, planning, or control of the program.
(D)The program includes both preparation for performance and performance before an audience or spectators.
(2)For purposes of this subdivision, an extracurricular activity is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time.
(3)For purposes of this subdivision, a cocurricular activity is defined as a program that may be associated with the curriculum in a regular classroom.
(4)Any A teacher graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section.
(5)For purposes of this subdivision, satisfactory educational progress shall include, but not necessarily be limited to, both of the following:
(A)Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale.
(B)Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board.
(6)For purposes of this subdivision, previous grading period does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, previous grading period is deemed to mean the grading period immediately prior to the grading period or periods excluded pursuant to this paragraph.
(7)A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section.
(8)The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period.
(9)Nothing in this subdivision shall This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145.
(10)The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section.
(b)(1)On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the state school fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels.
(2)The policy shall include all of the following elements:
(A)It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of his or her residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts discretion or as specified in applicable court-ordered or voluntary desegregation plans.
(B)It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon his or her academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014.
(C)It shall provide that no a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area.
(3)Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements:
(A)(i)It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following:
(I)A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, or marriage and family therapists. therapists, clinical social workers, or professional clinical counselors.
(II)A court order, including a temporary restraining order and injunction, issued by a judge.
(ii)A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances.
(B)It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as his or her primary place of employment.
(4)To the extent required and financed by federal law and at the request of the pupils parent or guardian, each school district shall provide transportation assistance to the pupil.
SEC. 10.Section 3110.5 of the Family Code is amended to read:3110.5.(a)No A person may be a court-connected or private child custody evaluator under this chapter unless only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)(1)On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)The rule shall require a child custody evaluator to declare under penalty of perjury that he or she meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent-child relationships.
(B)The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)Childrens patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)The effects of sexual abuse on children.
(C)The nature and extent of child sexual abuse.
(D)The social and family dynamics of child sexual abuse.
(E)Techniques for identifying and assisting families affected by child sexual abuse.
(F)Legal rights, protections, and remedies available to victims of child sexual abuse.
(c)In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, no a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure unless only if the person meets one of the following criteria:
(1)He or she is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)He or she is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)He or she is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4)He or she is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)He or she is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(5)(6)He or she is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)Subdivision (c) does not apply in any case where a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
SEC. 11.Section 7663 of the Family Code is amended to read:7663.(a)In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following:
(1)The State Department of Social Services.
(2)A licensed county adoption agency.
(3)The licensed adoption agency to which the child is to be relinquished.
(4)In the case of a stepparent adoption, the licensed clinical social worker or worker, licensed marriage and family therapist therapist, or licensed professional clinical counselor who is performing the investigation pursuant to Section 9001, if applicable. In the case of a stepparent adoption in which no a licensed clinical social worker or worker, licensed marriage and family therapist is therapist, or licensed professional clinical counselor is not performing the investigation pursuant to Section 9001, the board of supervisors may assign those inquiries to a licensed county adoption agency, the county department designated by the board of supervisors to administer the public social services program, or the county probation department.
(b)The inquiry shall include all of the following:
(1)Whether the mother was married at the time of conception of the child or at any time thereafter.
(2)Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(3)Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(4)Whether any person has formally or informally acknowledged or declared his or her possible parentage of the child.
(5)The names and whereabouts, if known, of every person presumed or man alleged to be the parent of the child, and the efforts made to give notice of the proposed adoption to each person identified.
(c)The agency that completes the inquiry shall file a written report of the findings with the court.
SEC. 12.Section 7827 of the Family Code is amended to read:7827.(a)Mentally disabled as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b)A proceeding under this part may be brought where if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c)Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances where in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d)If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1)A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2)A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e)If the rights of a parent are sought to be terminated pursuant to this section, and the parent has no does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
SEC. 13.Section 7850 of the Family Code is amended to read:7850.Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any of the provisions provision of Chapter 2 (commencing with Section 7820).
SEC. 14.Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b)The report shall include all of the following:
(1)A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2)A statement of the childs feelings and thoughts concerning the pending proceeding.
(3)A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with his or her parent or parents.
(4)A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(c)If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d)The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
SEC. 15.Section 8502 of the Family Code is amended to read:8502.(a)Adoption service provider means any of the following:
(1)A licensed private adoption agency.
(2)An individual who has presented satisfactory evidence to the department that he or she is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)An individual who has presented satisfactory evidence to the department that he or she is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)An individual who has presented satisfactory evidence to the department that he or she is a licensed professional clinical counselor who has a minimum of five years experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if he or she has performed professional adoption casework services as required by this paragraph.
(b)If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. Reasonably available means that an adoption service provider is all of the following:
(1)Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)Within 100 miles of the birth mother.
(3)Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)Where If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
SEC. 16.Section 9001 of the Family Code is amended to read:9001.(a)Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the courts own motion. Home study as used in this section means a physical investigation of the premises where the child is residing.
(b)At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay any an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c)If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker or licensed marriage and family therapist associated with the agency. Any A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d)Nothing in this section shall be construed to This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
SEC. 17.Section 3209.8 of the Labor Code is amended to read:3209.8.Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. Nothing in this section shall be construed to This section does not authorize marriage and family therapists therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, where if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist therapist, professional clinical counselor, or clinical social worker.
SEC. 18.Section 18951 of the Welfare and Institutions Code is amended to read:18951.As used in this chapter:
(a)Child means an individual under 18 years of age.
(b)Child services means services for or on behalf of children, and includes the following:
(1)Protective services.
(2)Caretaker services.
(3)Day care services, including dropoff care.
(4)Homemaker services or family aides.
(5)Counseling services.
(c)Adult services means services for or on behalf of a parent of a child, which shall include, but not be limited to, the following:
(1)Access to voluntary placement, long or short term.
(2)Counseling services before and after a crisis.
(3)Homemaker services or family aides.
(d)Multidisciplinary personnel means any a team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect. The team may include, but need not be limited to, any of the following:
(1)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(2)Police officers or other law enforcement agents.
(3)Medical personnel with sufficient training to provide health services.
(4)Social workers with experience or training in child abuse prevention, identification, management, or treatment.
(5)A public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee.
(6)A CalWORKs case manager whose primary responsibility is to provide cross program case planning and coordination of CalWORKs and child welfare services for those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
(e)Child abuse as used in this chapter means a situation in which a child suffers from any one or more of the following:
(1)Serious physical injury inflicted upon the child by other than accidental means.
(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3)Going without necessary and basic physical care.
(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances that indicate that the childs health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5)Any condition that results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the childs present or future health, opportunity for normal development, or capacity for independence.
(f)Parent means any a person who exercises care, custody, and control of the child as established by law.
SEC. 19.Section 18961.7 of the Welfare and Institutions Code is amended to read:18961.7.(a)Notwithstanding any other provision of law, a county may establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect made pursuant to Section 11160, 11166, or 11166.05 of the Penal Code, or for the purpose of child welfare agencies making a detention determination.
(b)For the purposes of this section, the following terms shall have the following meanings:
(1)Child abuse multidisciplinary personnel team means any a team of two or more persons who are trained in the prevention, identification, or treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include, but shall not be limited to:
(A)Psychiatrists, psychologists, marriage and family therapists, clinical social workers, professional clinical counselors, or other trained counseling personnel.
(B)Police officers or other law enforcement agents.
(C)Medical personnel with sufficient training to provide health services.
(D)Social services workers with experience or training in child abuse prevention.
(E)Any A public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee.
(2)Provider agency means any a governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information under this section shall include, but not be limited to, the following entities or service agencies:
(A)Social services.
(B)Childrens services.
(C)Health services.
(D)Mental health services.
(E)Probation.
(F)Law enforcement.
(G)Schools.
(c)(1)Notwithstanding Section 827 of the Welfare and Institutions Code or any other provision of law, during a 30-day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse may disclose to and exchange with one another information and writings that relate to any incident of child abuse that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse. Any A discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other provision of law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
(2)Disclosure and exchange of information pursuant to this section may occur telephonically and electronically if there is adequate verification of the identity of the child abuse multidisciplinary personnel who are involved in that disclosure or exchange of information.
(3)Disclosure and exchange of information pursuant to this section shall not be made to anyone other than members of the child abuse multidisciplinary personnel team, and those qualified to receive information as set forth in subdivision (d).
(d)The child abuse multidisciplinary personnel team may designate persons qualified pursuant to paragraph (1) of subdivision (b) to be a member of the team for a particular case. A person designated as a team member pursuant to this subdivision may receive and disclose relevant information and records, subject to the confidentiality provisions of subdivision (f).
(e)The sharing of information permitted under subdivision (c) shall be governed by protocols developed in each county describing how and what information may be shared by the child abuse multidisciplinary team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. A copy of the protocols shall be distributed to each participating agency and to persons in those agencies who participate in the child abuse multidisciplinary team.
(f)Every member of the child abuse multidisciplinary personnel team who receives information or records regarding children and families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
(h)Information and records communicated or provided to the team members by all providers and agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.
SEC. 20.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SECTION 1.Section 201 of the Business and Professions Code is amended to read:201.(a)(1)A charge for the estimated administrative expenses of the department, not to exceed the available balance in any appropriation for any one fiscal year, may be levied in advance on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and other agencies, at the discretion of the director and with the approval of the Department of Finance.(2)The department shall submit a report of the accounting of the pro rata calculation of administrative expenses to the appropriate policy committees of the Legislature on or before July 1, 2015, and on or before July 1 of each subsequent year.(b)The department shall conduct a one-time study of its current system for prorating administrative expenses to determine if that system is the most productive, efficient, and cost-effective manner for the department and the agencies comprising the department. The study shall include consideration of whether some of the administrative services offered by the department should be outsourced or charged on an as-needed basis and whether the agencies should be permitted to elect not to receive and be charged for certain administrative services. The department shall include the findings in its report pursuant to paragraph (2) of subdivision (a) that it is required to submit on or before July 1, 2015.(a)(1)A charge for the estimated administrative expenses of the department, not to exceed the available balance in any appropriation for any one fiscal year, may be levied in advance on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and other agencies, at the discretion of the director and with the approval of the Department of Finance.
(2)The department shall submit a report of the accounting of the pro rata calculation of administrative expenses to the appropriate policy committees of the Legislature on or before July 1, 2015, and on or before July 1 of each subsequent year.
(b)The department shall conduct a one-time study of its current system for prorating administrative expenses to determine if that system is the most productive, efficient, and cost-effective manner for the department and the agencies comprising the department. The study shall include consideration of whether some of the administrative services offered by the department should be outsourced or charged on an as-needed basis and whether the agencies should be permitted to elect not to receive and be charged for certain administrative services. The department shall include the findings in its report pursuant to paragraph (2) of subdivision (a) that it is required to submit on or before July 1, 2015.
|
Date
|
Status
|
|---|---|
| Sep 14, 2018 | Chaptered by Secretary of State - Chapter 389, Statutes of 2018. |
| Sep 14, 2018 | Approved by the Governor. |
| Sep 5, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 22, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77. |
| Aug 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 16, 2018 | Read second time. Ordered to third reading. |
| Aug 15, 2018 | Read third time and amended. Ordered to second reading. |
| Aug 9, 2018 | From Consent Calendar. |
| Aug 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Aug 6, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 27, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR. |
| Jun 19, 2018 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 18). Re-referred to Com. on JUD. |
| Jun 13, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 30, 2018 | Referred to Coms. on B., P. & E.D. and JUD. |
| May 17, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 17, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 10, 2018 | Read second time. Ordered to Consent Calendar. |
| May 9, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 9). |
| Apr 30, 2018 | Re-referred to Com. on APPR. |
| Apr 26, 2018 | Read second time and amended. |
| Apr 25, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 24). |
| Apr 18, 2018 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 16. Noes 0.) (April 17). Re-referred to Com. on JUD. |
| Apr 11, 2018 | Re-referred to Com. on B. & P. |
| Apr 10, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Apr 2, 2018 | Re-referred to Com. on B. & P. |
| Mar 23, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 22, 2018 | Referred to Coms. on B. & P. and JUD. |
| Feb 14, 2018 | From printer. May be heard in committee March 16. |
| Feb 13, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 2296 WALDRON Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 21, 2018 | Assembly 3rd Reading AB2296 Waldron By Wilk | Senate Floor |
Passed |
|
| Jun 26, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 18, 2018 | Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 17, 2018 | AB 2296 WALDRON Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2018 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
|
| Apr 17, 2018 | Do pass and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Association For Marriage And Family Therapists | ** Support | Apr 20, 2018 |
| Board of Behavioral Sciences | ** Support | Aug 18, 2018 |
| California Association for Licensed Professional Clinical Counselors | ** Support | Aug 18, 2018 |
| National Association Of Social Workers, California Chapter | ** Support | Aug 18, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2296
Author:(Waldron)
As Amended Ver:August 15, 2018
Majority vote
ASSEMBLY: | 73-0 | (May 17, 2018) | SENATE: | 39-0 | (August 21, 2018) |
Original Committee Reference: B. & P.
SUMMARY: Adds Licensed Professional Clinical Counselors (LPCCs) to laws that apply to similar Board of Behavioral Sciences (BBS) licensees; reauthorizes LPCC applicants, until August 31, 2020, to remediate assessment and diagnosis core educational content; and revises educational requirements to refer to four quarter units instead of 4.5 quarter units. Specifically, this bill:
- Reauthorizes an in-state LPCC applicant to remediate assessment and diagnosis core content until August 31, 2020.
- Revises the 4.5 quarter unit requirement for LPCC content areas to instead require 3-semester or 4-quarter unit courses.
- Amends the Psychology Licensing Law to add LPCCs to the list of those who may do work of a psychological nature, provided that they do not hold out as a “psychologist” or similar terms.
- Amends the Psychology Licensing Law to include LPCCs with those who may be shareholders, officers, directors or employees of a psychological corporation.
- Adds LPCCs to the list of those mental health professions who are exempt from the Psychiatric Technician Law.
- Amends the Confidentiality of Medical Information Act to add LPCCs and Licensed Clinical Social Workers (LCSWs) to those licensed professions which require that an authorization to disclose medical information also accompany a demand for settlement or offer to compromise issued in a professional negligence action, in the same manner as required for LMFTs and physicians or surgeons.
- Adds LPCCs to the list of those whose written statement may be used for certain school open enrollment purposes.
- Adds LPCCs to the list of those who may serve as court-connected or private child custody evaluators.
- Adds LPCCs to the list of those who supervise marriage and family associates for purposes of Psychotherapist-Patient Privilege.
- Adds LPCCs to the list of mental health professionals who may be involved in adoption proceedings, as specified.
- Adds LPCCs to the list of mental health professionals who private licensed adoption agencies must assign investigations to, as specified.
- Adds LPCCs to the list of those who may provide services to treat the effects of an injury in a workers compensation case.
- Adds LPCCs and LCSWs to the list of mental health professionals who may serve on a multidisciplinary personnel team, as specified, in child abuse or neglect cases.
The Senate amendments:
- Add LPCCs to the Family Code section relating to private licensed adoption agency investigations.
- Add LPCCs to Evidence Code section relating to the Psychotherapist-Patient Privilege and correct a cross-reference.
- Include chaptering language to resolve conflicts with AB 93 (Medina) of the current legislative Session and SB 1491 (Committee on Business, Professions and Economic Development) of the current legislative Session.
- Make a technical correction.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, no significant state costs anticipated.
COMMENTS:
Purpose. This bill is sponsored by the California Association for Licensed Professional Clinical Counselors. According to the author, the "Licensed Professional Clinical Counselor Act (the Act) was enacted in 2009. In 2011, cleanup legislation was signed into law to add LPCCs to various code sections that referred to licensed mental health professionals and were not updated by the original licensing act. However, there currently remain a handful of laws which had been missed in the cleanup legislation in 2011. [This bill] is simply a cleanup measure to add LPCCs to the California codes sections where [LMFTs] and [LCSWs] ‒ long-standing comparable professions ‒ are included. The bill also makes LPCC licensing corrections requested by the BBS and makes conforming changes."
Background. The Licensed Professional Clinical Counselor Act was enacted in 2009, making LPCCs the newest category of licensed mental health professionals in California. According to the DCA's 2017 Annual Report, the BBS reported a licensing population of 1,536 LPCCs and 2,724 registered APCCs.
Board of Behavioral Sciences. LPCCs are licensed and regulated by the BBS, along with LCSWs, MFTs, and LEPs. The BBS also registers associates (interns) for the respective licensees, except LEPs. Overall, the BBS licenses and regulates more than 100,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in certain areas.
The BBS requested two provisions under this bill, one relating to remediation of core content and the other relating to the three-semester or 4.5-quarter unit requirement. The BBS' Policy and Advocacy Committee approved the provisions on February 9, 2018, and BBS staff asked the sponsor and author to include the provisions in this bill. The full BBS board has not had the opportunity to vote on a position on this bill but will consider its position at its May 9-11, 2018, meeting.
Remediating core content. Applicants for an LPCC license must obtain a degree in "counseling or psychotherapy," which must include 13 specified core content areas. Applicants who have completed degrees that contain some counseling or psychotherapy coursework may also remediate (make-up) certain core content areas after the degree is completed.
However, the BBS states that some degrees are "not intended to lead to licensure as a clinical counselor. Examples of these types of degrees include degrees in human relations or rehabilitation counseling." As a result, the BBS sponsored AB 1917 (Obernolte), Chapter 70, Statutes of 2016, which specified that provide that the "assessment" and "diagnosis" core content areas could not be remediated for those applying for a license or registration after January 1, 2017.
However, the bill did not include a delayed implementation date to allow for a phase-in period. As a result, the BBS reports that a number of LPCC applicants were "caught in the pipeline" and denied licensure because the remediated coursework no longer counted. Applicants argued that there should have been a delay in implementation, in consideration of those who already remediated. Schools also argued that some of the excluded degrees should continue qualify because the curriculum requirements include those started before August 1, 2012, and completed after December 31, 2018. As a result, they believed that applicants had until the end of 2018 to complete the requirements.
This bill allows applicants who would have qualified more time to remediate the assessment and diagnosis coursework. The grace-period will last until August 31, 2020.
4.5 quarter unit requirement. Currently, LPCC applicants must have the equivalent of at least three semester units or 4.5 quarter units of graduate coursework in specified core content areas to qualify for a license. Generally, one semester unit equals 1.5 quarter units. Therefore, three semester units equal 4.5 quarter units (3 x 1.5 = 4.5).
However, the sponsor notes that it is rare for degree programs to offer courses in 0.5-unit increments. As a result, the sponsor is concerned that some LPCC applicants will be ineligible for licensure solely because they are missing 0.5 quarter units from core content areas. In response, the BBS surveyed the licensing laws in a number of states and found that other states equate semester and quarter units in whole units and none require 0.5 quarter unit in its course calculations. This bill removes the 0.5-quarter unit requirement and instead requires three-semester or four-quarter unit courses, the same as is required in other states.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0004072
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2296
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/18/18
AYES: Hill, Fuller, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk
SENATE JUDICIARY COMMITTEE: 7-0, 6/26/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote
SOURCE: California Association for Licensed Professional Clinical Counselors
DIGEST:
This bill maintains parity between licensed professional clinical counselors (LPCC), licensed clinical social workers (LCSW), and licensed marriage and family therapists (MFT) in selected code sections by ensuring a reference to one includes a reference to all three, as specified; revises education requirements for LPCC licensure and makes technical changes.
Senate Floor Amendments of 8/15/18 add double-jointing language to avoid chaptering conflicts with SB 1491 (Committee on Business, Professions and Economic Development) and AB 93 (Medina) and add licensed professional clinical counselor (LPCC) to the definition of “psychotherapist” in the Evidence Code.
Existing law:
- Establishes the Board of Behavioral Sciences (BBS) to administer the Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. (Business and Professions Code (BPC) § 4990.12)
- Defines the practice of professional clinical counseling to mean the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of required coursework and training. (BPC § 4999.20)
- Establishes educational and supervision requirements towards license as an LPCC. (BPC §§ 4999.312 et seq.)
- Defines the practice of clinical social work as a service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior, is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. (BPC § 4996.9)
- Defines the practice of marriage and family therapy to mean that service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and premarriage counseling. (BPC § 4980.02)
This bill:
- Adds LPCCs to the list of recognized professional groups licensed to practice in California that shall not be prevented from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out by any title or description of services incorporating the words “psychological,” “psychologist,” “psychology,” “psychometrist,” “psychometrics,” or “psychometry,” or that they do not state or imply that they are licensed to practice psychology.
- Adds LPCCs to the list of professionals who may be shareholders, officers, directors, and employees of a psychological corporation.
- States that the Psychiatric Technicians Law does not apply to LPCCs.
- Reduces the number of required quarter units from four and one half to four in certain disciplines to qualify for LPCC licensure.
- Prohibits an applicant for LPCC licensure from being deficient in certain areas of study unless the applicant meets one of the following criteria and remediates the deficiency:
- The application for licensure was received by the BBS on or before August 31, 2020.
- The application for registration was received by the BBS on or before August 31, 2020, and the registration was subsequently issued by the BBS.
- Includes LCSWs and LPCCs in statutes pertaining to requirements relating to the disclosure of medical information by providers in cases arising out of professional negligence.
- Adds LCSWs and LPCCs to the list of individuals who may provide a written statement as a representative of the appropriate state or local agency in favor of a finding that enrollment in a particular school may be harmful or dangerous.
- Adds an LPCC with qualifications to assess couples and families to the list of criteria to be a child custody evaluator.
- Adds LPCC to the list of individuals who may conduct an investigation in the case of a stepparent adoption.
- Adds LPCC to those individuals a court may call in circumstances surrounding the determination of a parent’s mental disability. The LPCC may not, however, be the child’s adoption service provider, as specified.
- Adds an LPCC to the list of individuals the clerk of the court is required to notify to begin an investigation upon the filing of a petition for an order or judgment declaring a child free from the custody and control of either or both parents.
- Adds LPCC to the list of individuals who are required to render to the court a written report of the investigation with a recommendation of the proper disposition to be made in a proceeding regarding the best interest of a child.
- Authorizes a LPCC with a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the State Department of Social Services (DSS) to be an adoption service provider. DSS shall review the credentials of each individual to determine if he or she has performed the required professional adoption casework services.
- Adds LPCC to the list of individuals who may complete an investigation and written report on behalf of an adoption request. States that any grievance regarding the investigation be directed to the BBS.
- Adds LPCCs to those individuals whose services are considered reasonably required to cure or relieve from the effects of an injury, but does not authorize an LPCC to determine disability. States that the refusal of an employer to authorize treatment by a LPCC does not preclude reimbursement for self-procured treatment.
- Adds LCSWs and LPCCs to the list of individuals who may be considered part of “multidisciplinary personnel” and a “child abuse multidisciplinary personnel team”.
- Adds LPCC to the definition of “psychotherapist” in the Evidence Code.
- Makes technical changes.
Background
BBS regulates the practice of LMFTs, LCSWs, and LPCCs. These individuals have slightly different training that focuses on particular aspects of human interaction, but all are required to have a similar amount of academic work and supervised experience to qualify for licensure.
- LMFT. The practice of marriage and family therapy means a service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and pre-marriage counseling.
- LCSW. The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and unconscious motivations is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature withindividuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; or doing research related to social work.
- LPCC. Professional clinical counseling is the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the required coursework and training. It also includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed and rational decisions.
The BBS has been aligning the education and training requirements of these licensees for several years. The vast majority of this bill is technical in nature and merely provides parity between the three license types for work all are currently authorized to perform.
One substantive change in the bill relates to the amount and kind of study an applicant must complete for LPCC licensure. This change is explained by the Author’s office as follows: “In 2016, the BBS sponsored AB 1917 (Obernolte, Chapter 70, Statutes of 2016) to provide that the ‘assessment’ and ‘diagnosis’ core content areas could not be remediated for those applying for a license or registration [in professional clinical counseling or marriage and family therapy] after January 1, 2017. However, the BBS has recently recognized that there was no phase-in period and a number of LPCC applicants were ‘caught in the pipeline’ and denied licensure, due to the degree not containing the full number of units for the assessment and/or diagnosis core content areas. The amendments allow applicants more time to remediate the assessment and diagnosis coursework, until August 31, 2020.
“Existing law requires LPCC applicants to have the equivalent of at least 3 semester units, or 4.5 quarter units of graduate coursework in specified core content areas to qualify for a license. Generally, one academic semester unit is considered to equal 1.5 quarter units. Therefore, 3 semester units are equivalent to 4.5 quarter units (3 x 1.5 = 4.5). Some LPCC applicants have been ineligible for licensure because they are missing 0.5 of a quarter unit from several core content areas. This is because it is rare for degree programs to offer courses in 0.5-unit increments. This can be an issue for both in-state and out -of-state applicants. The BBS surveyed the licensing laws in a number of states and found that other states equate semester and quarter units in whole units and none require 0.5 quarter unit in its course calculations. The amendments would remove the 0.5 quarter unit requirement for content areas, and instead require 3-semester or 4-quarter unit courses, the same as is required in other states.”
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association for Licensed Professional Clinical Counselors (source)
American Association for Marriage and Family Therapy, California Division
Board of Behavioral Sciences
National Association of Social Workers, California Chapter
OPPOSITION: (Verified 8/15/18)
None received
ARGUMENTS IN SUPPORT: The California Association for Licensed Professional Clinical Counselors writes, “In 2009 California became the final state to establish licensure for professional counselors. In 2011, cleanup legislation was signed into law to add LPCCs to various California laws that refer to licensed mental health professionals. AB 2296 adds LPCCs to the remaining handful of laws which were missed in the cleanup legislation in 2011.
“The bill also makes cleanup changes that were requested by the Board of Behavioral Sciences (BBS) to extend to August 31, 2020 the time in which LPCC applicants may remediate assessment and diagnosis core educational content, and to revise an educational provision to refer to 4 quarter units rather than 4.5 quarter units….
“AB 2296 is an important bill which will update the California Codes to bring them in line with the existing LPCC licensing law, and further allow LPCCs to be effectively utilized in California.”
ASSEMBLY FLOOR: 73-0, 5/17/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth
8/18/18 14:03:36
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2296
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/18/18
AYES: Hill, Fuller, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk
SENATE JUDICIARY COMMITTEE: 7-0, 6/26/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote
SOURCE: California Association for Licensed Professional Clinical Counselors
DIGEST:
This bill maintains parity between licensed professional clinical counselors (LPCC), licensed clinical social workers (LCSW), and licensed marriage and family therapists (MFT) in selected code sections by ensuring a reference to one includes a reference to all three, as specified; revises education requirements for LPCC licensure and makes technical changes.
Existing law:
- Establishes the Board of Behavioral Sciences (BBS) to administer the Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. (Business and Professions Code (BPC) § 4990.12)
- Defines the practice of professional clinical counseling to mean the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of required coursework and training. (BPC § 4999.20)
- Establishes educational and supervision requirements towards license as an LPCC. (BPC §§ 4999.312 et seq.)
- Defines the practice of clinical social work as a service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior, is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. (BPC § 4996.9)
- Defines the practice of marriage and family therapy to mean that service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and premarriage counseling. (BPC § 4980.02)
This bill:
- Adds LPCCs to the list of recognized professional groups licensed to practice in California that shall not be prevented from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out by any title or description of services incorporating the words “psychological,” “psychologist,” “psychology,” “psychometrist,” “psychometrics,” or “psychometry,” or that they do not state or imply that they are licensed to practice psychology.
- Adds LPCCs to the list of professionals who may be shareholders, officers, directors, and employees of a psychological corporation.
- States that the Psychiatric Technicians Law does not apply to LPCCs.
- Reduces the number of required quarter units from four and one half to four in certain disciplines to qualify for LPCC licensure.
- Prohibits an applicant for LPCC licensure from being deficient in certain areas of study unless the applicant meets one of the following criteria and remediates the deficiency:
- The application for licensure was received by the BBS on or before August 31, 2020.
- The application for registration was received by the BBS on or before August 31, 2020, and the registration was subsequently issued by the BBS.
- Includes LCSWs and LPCCs in statutes pertaining to requirements relating to the disclosure of medical information by providers in cases arising out of professional negligence.
- Adds LCSWs and LPCCs to the list of individuals who may provide a written statement as a representative of the appropriate state or local agency in favor of a finding that enrollment in a particular school may be harmful or dangerous.
- Adds an LPCC with qualifications to assess couples and families to the list of criteria to be a child custody evaluator.
- Adds LPCC to the list of individuals who may conduct an investigation in the case of a stepparent adoption.
- Adds LPCC to those individuals a court may call in circumstances surrounding the determination of a parent’s mental disability. The LPCC may not, however, be the child’s adoption service provider, as specified.
- Adds an LPCC to the list of individuals the clerk of the court is required to notify to begin an investigation upon the filing of a petition for an order or judgment declaring a child free from the custody and control of either or both parents.
- Adds LPCC to the list of individuals who are required to render to the court a written report of the investigation with a recommendation of the proper disposition to be made in a proceeding regarding the best interest of a child.
- Authorizes a LPCC with a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the State Department of Social Services (DSS) to be an adoption service provider. DSS shall review the credentials of each individual to determine if he or she has performed the required professional adoption casework services.
- Adds LPCC to the list of individuals who may complete an investigation and written report on behalf of an adoption request. States that any grievance regarding the investigation be directed to the BBS.
- Adds LPCCs to those individuals whose services are considered reasonably required to cure or relieve from the effects of an injury, but does not authorize an LPCC to determine disability. States that the refusal of an employer to authorize treatment by a LPCC does not preclude reimbursement for self-procured treatment.
- Adds LCSWs and LPCCs to the list of individuals who may be considered part of “multidisciplinary personnel” and a “child abuse multidisciplinary personnel team”.
- Makes technical changes.
Background
BBS regulates the practice of LMFTs, LCSWs, and LPCCs. These individuals have slightly different training that focuses on particular aspects of human interaction, but all are required to have a similar amount of academic work and supervised experience to qualify for licensure.
- LMFT. The practice of marriage and family therapy means a service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and pre-marriage counseling.
- LCSW. The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and unconscious motivations is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature withindividuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; or doing research related to social work.
- LPCC. Professional clinical counseling is the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the required coursework and training. It also includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed and rational decisions.
The BBS has been aligning the education and training requirements of these licensees for several years. The vast majority of this bill is technical in nature and merely provides parity between the three license types for work all are currently authorized to perform.
One substantive change in the bill relates to the amount and kind of study an applicant must complete for LPCC licensure. This change is explained by the Author’s office as follows: “In 2016, the BBS sponsored AB 1917 (Obernolte, Chapter 70, Statutes of 2016) to provide that the ‘assessment’ and ‘diagnosis’ core content areas could not be remediated for those applying for a license or registration [in professional clinical counseling or marriage and family therapy] after January 1, 2017. However, the BBS has recently recognized that there was no phase-in period and a number of LPCC applicants were ‘caught in the pipeline’ and denied licensure, due to the degree not containing the full number of units for the assessment and/or diagnosis core content areas. The amendments allow applicants more time to remediate the assessment and diagnosis coursework, until August 31, 2020.
“Existing law requires LPCC applicants to have the equivalent of at least 3 semester units, or 4.5 quarter units of graduate coursework in specified core content areas to qualify for a license. Generally, one academic semester unit is considered to equal 1.5 quarter units. Therefore, 3 semester units are equivalent to 4.5 quarter units (3 x 1.5 = 4.5). Some LPCC applicants have been ineligible for licensure because they are missing 0.5 of a quarter unit from several core content areas. This is because it is rare for degree programs to offer courses in 0.5-unit increments. This can be an issue for both in-state and out -of-state applicants. The BBS surveyed the licensing laws in a number of states and found that other states equate semester and quarter units in whole units and none require 0.5 quarter unit in its course calculations. The amendments would remove the 0.5 quarter unit requirement for content areas, and instead require 3-semester or 4-quarter unit courses, the same as is required in other states.”
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association for Licensed Professional Clinical Counselors (source)
American Association for Marriage and Family Therapy, California Division
Board of Behavioral Sciences
National Association of Social Workers, California Chapter
None received
ARGUMENTS IN SUPPORT: The California Association for Licensed Professional Clinical Counselors writes, “In 2009 California became the final state to establish licensure for professional counselors. In 2011, cleanup legislation was signed into law to add LPCCs to various California laws that refer to licensed mental health professionals. AB 2296 adds LPCCs to the remaining handful of laws which were missed in the cleanup legislation in 2011.
“The bill also makes cleanup changes that were requested by the Board of Behavioral Sciences (BBS) to extend to August 31, 2020 the time in which LPCC applicants may remediate assessment and diagnosis core educational content, and to revise an educational provision to refer to 4 quarter units rather than 4.5 quarter units….
“AB 2296 is an important bill which will update the California Codes to bring them in line with the existing LPCC licensing law, and further allow LPCCs to be effectively utilized in California.”
ASSEMBLY FLOOR: 73-0, 5/17/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth
8/10/18 10:57:38
**** END ****
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: AB 2296 (Author:Waldron)
Version: June 13, 2018
Hearing Date: June 26, 2018
Fiscal: Yes
Urgency: No
Consultant: JDT
SUBJECT
Licensed professional clinical counselors: licensed clinical social workers
DESCRIPTION
This bill would extend to licensed clinical social workers and licensed professional clinical counselors existing provisions applicable to malpractice suits against a physician, surgeon, or marriage and family therapist, that require a demand for settlement or an offer to compromise in a malpractice claim to be accompanied by an authorization to disclose medical information, as specified.
BACKGROUND
The Confidentiality of Medical Information Act (CMIA) protects the privacy of medical records by specifying how and to whom the information the records contain may be released. Under the CMIA, a healthcare provider may not disclose medical information without first obtaining an authorization, except in specified circumstances, including when compelled to do so by a party to a proceeding before a court or administrative agency.
SB 1229 (Keene, Ch. 484, Stats. 1985) required that pre-litigation demands for settlement or offers to compromise based on a physician’s or surgeon’s alleged professional negligence be accompanied by an authorization to disclose to an insurer any medical information necessary to investigate the issue of liability and the extent of potential damages in evaluating the merits of the demand. SB 282 (Yee, Ch. 58, Stats. 2013), extended those provisions to any demand or offer to compromise in a claim of professional negligence against a marriage and family therapist.
This bill would extend the same requirement to pre-litigation demands based on the alleged professional negligence of a clinical social worker or a professional clinical counselor. This bill was previously analyzed by the Senate Business, Professions, and Economic Development Committee—where it passed by a vote of 9-0—regarding issues relating to qualifications and the scope of practice of clinical social workers and professional clinical counselors. This analysis, however, is limited to the issues within the Committee’s jurisdiction—namely, the requirement under the Civil Code for a medical release to accompany any demand to settle or an offer to compromise in a civil claim for professional negligence against clinical social workers and professional clinical counselors.
CHANGES TO EXISTING LAW
Existing law establishes the Board of Behavioral Sciences within the Department of Consumers to license and regulate, among others, licensed clinical social workers and licensed professional clinical counselors, and to administer and enforce their respective practice acts. (Bus. & Prof. Code Sec. 4990 et seq.)
Existing law provides for the regulation and licensure of the practice of clinical social workers under the Clinical Social Worker Practice Act. (Bus. & Prof. Code Sec. 4991 et seq.)
Existing law provides that a person engages in the practice of clinical social work when he or she performs or offers to perform or holds himself or herself out as able to perform the service for remuneration in any form, including donations. (Bus. & Prof. Code Sec. 4991.1.)
Existing law provides for the regulation and licensure of the practice of professional clinical counseling under the Licensed Professional Clinical Counselor Act. (Bus. & Prof. Code Sec. 4999.10 et seq.)
Existing law defines “professional clinical counseling” as the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of specified coursework and training. Existing law provides that the practice of professional clinical counseling includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions. (Bus. & Prof. Code Sec. 4999.20.)
Existing law requires, before the service of a complaint upon a defendant in any action arising out of the professional negligence of specified licensed professionals, including physicians and marriage and family therapists, that a demand for settlement or offer to compromise is made on a patient’s behalf, accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. (Civ. Code Sec. 56.105.)
Existing law defines “medical information” to mean any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical condition, or treatment. Existing law defines “individually identifiable” to mean that the medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual, such as the patient’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals the individual’s identity. (Civ. Code Sec. 56.05(j).)
Existing law requires that notice of any request for medical information made pursuant to the authorization described immediately above be given to the patient or the patient’s legal representative and that it describe the subject matter and dates of the materials requested. (Civ. Code Sec. 56.105.)
Existing law authorizes the patient or the patient’s legal representative to receive, upon request, copies of the information at his or her expense. (Ibid.)
Existing law specifies that the provisions described above do not waive or limit any applicable privileges set forth in the Evidence Code, except for the disclosure of medical information, subject to the patient’s authorization. (Ibid.)
Existing law specifies that the provisions described above do not authorize a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, except for the medical information request. (Ibid.)
Existing law provides specific requirements for notice in an action against a health care provider for professional negligence, including a requirement that the defendant has been given at least 90 days’ prior notice of the intention to commence the action prior to its commencement. (Code Civ. Proc. Sec. 364.)
This bill would extend existing law requiring that a medical release to accompany any demand for settlement or offer to compromise of a professional negligence claim against a licensed physician, surgeon, or marriage and family therapist, to demand and offer of professional negligence claims against licensed clinical social workers and licensed professional clinical counselors.
This bill would require, before the service of a complaint upon a defendant in any action arising out of the professional negligence of licensed clinical social workers and licensed professional clinical counselors, that a demand for settlement or offer to compromise is made on a patient’s behalf, accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur.
This bill would specify that the requirement above does not authorize a representative of any person from whom settlement has been demanded to communicate in violation of the psychotherapist-patient privilege with a treating licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
COMMENT
1. Stated need for the bill
According to the author:
AB 2296 makes technical corrections and conforming changes to the Licensed Professional Clinical Counselor Act. Licensed Professional Clinical Counselor (LPCCs) are the newest mental health professionals in California, having obtained licensing authority in 2009. There are currently more than 1,500 LPCCs and 2,700 registered Associate LPCCs in California. However, current California code sections are not up to date and do not adequately reflect the existing LPCC licensing law. This bill would add LPCCs to the remaining code sections where Licensed Marriage and Family Therapists and Licensed Clinical Social Workers ‒ long-standing comparable professions ‒ are included. Additionally, this bill also makes LPCC licensing corrections requested by the [Board of Behavioral Sciences] and makes conforming changes.
2. Limited permissive release
This bill would require pre-litigation demands for settlement or offers to compromise based on a licensed clinical social worker’s or a licensed professional clinical counselor’s alleged professional negligence to be accompanied by an authorization to disclose to an insurer any medical information necessary to investigate the issue of liability and the extent of potential damages in evaluating the merits of the demand. This would parallel existing law as applied to physicians, surgeons, and marriage and family therapists.
The legal definitions of “health care providers” and “medical information” encompass a wide variety of practitioners and the spectrum of information related to patients that practitioners may hold. To that end, while physicians or surgeons who attend to the physical wellbeing of patients are required to guard a patient’s privacy under the CMIA, mental health practitioners who look to a patient’s psychological and emotional wellbeing are bound by the same laws. (See Civ. Code Sec. 56 et seq.) Existing law, in relevant part, provides that with regard to a pre-litigation malpractice demand, the patient (or his or her representative) must authorize the physician, surgeon, or marriage and family therapist to share with his or her insurer the “information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise.” (Civ. Code Sec. 56.105.) If the case proceeds to trial, a party may seek this information through discovery. (Civ. Code Sec. 56.10(b)(3).)
Authorizations for medical disclosures under California law require specific and limiting information in order to be valid. These authorizations must specify the type of information to be disclosed, who may disclose it, how it should be used, who may receive it, and the entire document must be executed by a signature which serves no other purpose than to execute the authorization. Individuals or organizations that receive the medical information are subject to the same disclosure and confidentiality restrictions as the original provider, plan, or company.
Thus, the same protections that apply when a patient authorizes disclosure with regard to a pre-litigation settlement demand or offer to compromise based on the alleged professional negligence of a surgeon, physician, or marriage and family therapist would apply to the provisions of this bill as well. In these situations, the patient and his or her representative ultimately control the information to be shared with the practitioner’s insurance for the limited purpose of evaluating the merits of the demand. In the case of a demand against a physician or surgeon, the medical information may be related to prior injuries, preexisting conditions, medications, or otherwise. In the case of a demand against a marriage and family therapist, a clinical social worker, or a professional clinical counselor, the medical information would arguably be limited to their notes.
3. Facilitates fair settlements
This bill would allow the insurers of clinical social workers and professional clinical counselors to have access to specified medical information when evaluating a pre-litigation settlement demand or offer to compromise. This parallels existing law, which requires that necessary information is available to the insurers of physicians, surgeons, and marriage and family therapists, for the purposes of evaluating a pre-litigation demand. In its analyses of the bills that enacted these provisions, this Committee has argued that comprehensive medical information is often necessary to effectively evaluate settlement offers, and thus requiring disclosure of specified medical information to accompany settlement demands would allow more reasonable settlement negotiations. (Sen. Com. on Judiciary, Analysis of Sen. Bill No. 1229 (1985-86 Reg. Sess.) as amended May 15, 1985; Analysis of Sen. Bill No. 282 (2013-2014 Reg. Sess.), as introduced.) Staff is not aware of any evidence tending to show that assessment has been proven inaccurate.
Staff notes that unlike medical malpractice claims where a practitioner’s treatment of physical ailments prevail, professional negligence cases against therapists and counselors typically involve a breach of confidentiality, conflicts of interest, or lawsuits stemming from sexual relations with patients, thus necessitating different information to evaluate a pre-litigation settlement demand or offer to compromise. If the case proceeds to trial, a party may seek this information through discovery. (Civ. Code Sec. 56.10(b)(3).)
Support: American Association for Marriage and Family Therapists; Board of Behavioral Sciences; National Association of Social Workers
Opposition: None Known
HISTORY
Source: California Association for Licensed Professional Clinical Counselors
Related Pending Legislation: None Known
Prior Legislation: SB 282 (Yee, Ch. 58, Stats. 2013) extended a provision in existing law that requires any pre-service demand for settlement or offer to compromise in a claim of professional negligence against a certified physician or surgeon to be accompanied by an authorization to disclose medical information, as specified, to any demand or offer in a claim of professional negligence against a marriage and family therapist.
Prior Vote:
Senate Committee on Business, Professions & Economic Development (Ayes 9, Noes 0)
Assembly Floor (Ayes 73, Noes 0)
Assembly Appropriations Committee (Ayes 16, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Business and Professions Committee (Ayes 16, Noes 0)
**************
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 18, 2018
Author: | |||
Version: | June 13, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Huchel | ||
Subject:
SUMMARY:
Maintains parity between licensed professional clinical counselors (LPCC), licensed clinical social workers (LCSW), and licensed marriage and family therapists (MFT) in selected code sections by ensuring a reference to one includes a reference to all three, as specified; revises education requirements for LPCC licensure and makes technical changes.
Existing law:
- Establishes the Board of Behavioral Sciences (BBS) to administer the Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor (LPCC) Act. (Business and Professions Code (BPC) § 4990.12)
- Defines the practice of professional clinical counseling to mean the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of required coursework and training.
(BPC § 4999.20) - Establishes educational and supervision requirements towards license as an LPCC. (BPC §§ 4999.312 et seq.)
- Defines the practice of clinical social work as a service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior, is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. (BPC § 4996.9)
- Defines the practice of marriage and family therapy to mean that service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and premarriage counseling. (BPC § 4980.02)
This bill:
- Adds LPCCs to the list of recognized professional groups licensed to practice in California that shall not be prevented from doing work of a psychological nature consistent with the laws governing their respective professions, provided they do not hold themselves out by any title or description of services incorporating the words “psychological,” “psychologist,” “psychology,” “psychometrist,” “psychometrics,” or “psychometry,” or that they do not state or imply that they are licensed to practice psychology.
- Adds LPCCs to the list of professionals who may be shareholders, officers, directors, and employees of a psychological corporation.
- States that the Psychiatric Technicians Law does not apply to LPCCs.
- Reduces the number of required quarter units from four and one half to four in certain disciplines to qualify for LPCC licensure.
- Prohibits an applicant for LPCC licensure from being deficient in certain areas of study unless the applicant meets one of the following criteria and remediates the deficiency:
- The application for licensure was received by the BBS on or before August 31, 2020.
- The application for registration was received by the BBS on or before August 31, 2020, and the registration was subsequently issued by the BBS.
- Includes LCSWs and LPCCs in statutes pertaining to requirements relating to the disclosure of medical information by providers in cases arising out of professional negligence.
- Adds LCSWs and LPCCs to the list of individuals who may provide a written statement as a representative of the appropriate state or local agency in favor of a finding that enrollment in a particular school may be harmful or dangerous.
- Adds an LPCC with qualifications to assess couples and families to the list of criteria to be a child custody evaluator.
- Adds LPCC to the list of individuals who may conduct an investigation in the case of a stepparent adoption.
- Adds LPCC to those individuals a court may call in circumstances surrounding the determination of a parent’s mental disability. The LPCC may not, however, be the child’s adoption service provider, as specified.
- Adds an LPCC to the list of individuals the clerk of the court is required to notify to begin an investigation upon the filing of a petition for an order or judgment declaring a child free from the custody and control of either or both parents.
- Adds LPCC to the list of individuals who are required to render to the court a written report of the investigation with a recommendation of the proper disposition to be made in a proceeding regarding the best interest of a child.
- Authorizes a LPCC with a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the State Department of Social Services (DSS) to be an adoption service provider. DSS shall review the credentials of each individual to determine if he or she has performed the required professional adoption casework services.
- Adds LPCC to the list of individuals who may complete an investigation and written report on behalf of an adoption request. States that any grievance regarding the investigation be directed to the BBS.
- Adds LPCCs to those individuals whose services are considered reasonably required to cure or relieve from the effects of an injury, but does not authorize an LPCC to determine disability. States that the refusal of an employer to authorize treatment by a LPCC does not preclude reimbursement for self-procured treatment.
- Adds LCSWs and LPCCs to the list of individuals who may be considered part of “multidisciplinary personnel” and a “child abuse multidisciplinary personnel team”.
- Makes technical changes.
FISCAL EFFECT:
This bill is keyed “fiscal” by Legislative Counsel. According to the Assembly Appropriations analysis dated May 9, this bill has minor and absorbable costs to BBS (Behavioral Science Examiners Fund).
COMMENTS:
- Purpose. This bill is sponsored by the California Association for Licensed Professional Clinical Counselors. According to the Author’s office, “This bill is a cleanup measure to add LPCCs to the California code sections where Licensed Marriage and Family Therapists and Licensed Clinical Social Workers ‒ long-standing comparable professions ‒ are included.”
- Background. BBS regulates the practice of LMFTs, LCSWs, and LPCCs. These individuals have slightly different training that focuses on particular aspects of human interaction, but all are required to have a similar amount of academic work and supervised experience to qualify for licensure.
- LMFT. The practice of marriage and family therapy means a service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and pre-marriage counseling.
- LCSW. The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and unconscious motivations is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; or doing research related to social work.
- LPCC. Professional clinical counseling is the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the required coursework and training. It also includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed and rational decisions.
The BBS has been aligning the education and training requirements of these licensees for several years. The vast majority of this bill is technical in nature and merely provides parity between the three license types for work all are currently authorized to perform.
One substantive change in the bill relates to the amount and kind of study an applicant must complete for LPCC licensure. This change is explained by the Author’s office as follows: “In 2016, the BBS sponsored AB 1917 (Obernolte, Chapter 70, Statutes of 2016) to provide that the ‘assessment’ and ‘diagnosis’ core content areas could not be remediated for those applying for a license or registration [in professional clinical counseling or marriage and family therapy] after January 1, 2017. However, the BBS has recently recognized that there was no phase-in period and a number of LPCC applicants were ‘caught in the pipeline’ and denied licensure, due to the degree not containing the full number of units for the assessment and/or diagnosis core content areas. The amendments allow applicants more time to remediate the assessment and diagnosis coursework, until August 31, 2020.
“Existing law requires LPCC applicants to have the equivalent of at least 3 semester units, or 4.5 quarter units of graduate coursework in specified core content areas to qualify for a license. Generally, one academic semester unit is considered to equal 1.5 quarter units. Therefore, 3 semester units are equivalent to 4.5 quarter units (3 x 1.5 = 4.5). Some LPCC applicants have been ineligible for licensure because they are missing 0.5 of a quarter unit from several core content areas. This is because it is rare for degree programs to offer courses in 0.5-unit increments. This can be an issue for both in-state and out -of-state applicants. The BBS surveyed the licensing laws in a number of states and found that other states equate semester and quarter units in whole units and none require 0.5 quarter unit in its course calculations. The amendments would remove the 0.5 quarter unit requirement for content areas, and instead require 3-semester or 4-quarter unit courses, the same as is required in other states.”
- Related Legislation This Session. AB 93 (Medina) aligns the postdegree experience requirements for MFT and LPCC applicants and makes other substantive and technical changes to MFT, LPCC, and LCSW practice acts. (Status: This bill is currently pending in the Senate Appropriations Committee.)
AB 456 (Thurmond) aligns the “90-day rule” for CSW applicants. (Status: This bill is currently pending in the Senate Appropriations Committee.)
- Previous Related Legislation. SB 788 (Wyland, Chapter 619, Statutes of 2009) enacted the LPCC Act, which established the licensing and regulation of LPCCs in California.
SB 146 (Wyland, Chapter 381, Statutes of 2011) was a technical cleanup measure which added LPCCs, trainees, and interns to various provisions of existing law in conformity with the newly-enacted LPCC licensing law.
AB 1917 (Obernolte, Chapter 70, Statutes of 2016), among other things, revised LPCC licensing law to provide that the “assessment” and “diagnosis” core content areas could not be remediated for those applying for a license or registration after January 1, 2017.
- Arguments in Support. The California Association for Licensed Professional Clinical Counselors writes, “In 2009 California became the final state to establish licensure for professional counselors. In 2011, cleanup legislation was signed into law to add LPCCs to various California laws that refer to licensed mental health professionals. AB 2296 adds LPCCs to the remaining handful of laws which were missed in the cleanup legislation in 2011.
“The bill also makes cleanup changes that were requested by the Board of Behavioral Sciences (BBS) to extend to August 31, 2020 the time in which LPCC applicants may remediate assessment and diagnosis core educational content, and to revise an educational provision to refer to 4 quarter units rather than 4.5 quarter units….
“AB 2296 is an important bill which will update the California Codes to bring them in line with the existing LPCC licensing law, and further allow LPCCs to be effectively utilized in California.”
NOTE:
Double-referral to Senate Judiciary Committee, second.
SUPPORT AND OPPOSITION:
Support:
California Association for Licensed Professional Clinical Counselors (Sponsor)
National Association of Social Workers, California Chapter
Board of Behavioral Sciences
Opposition:
None on file as of June 13, 2018.
-- END --
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2296
Author:(Waldron) – As Amended Ver:April 26, 2018
Policy Committee: | Business and Professions | Vote: | 16 - 0 |
Judiciary | 10 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill makes a number of minor, technical, conforming, or non-controversial changes to statutes governing Licensed Professional Clinical Counselors (LPCCs). Specifically, this bill:
- Adds LPCCs to provisions that apply to similar Board of Behavioral Sciences (BBS) licensees.
- Reauthorizes LPCC applicants, until 2020, to remediate assessment and diagnosis core educational content.
- Revises LPCC educational requirements.
FISCAL EFFECT:
Minor and absorbable costs to BBS (Behavioral Science Examiners Fund).
COMMENTS:
- Purpose. According to the author and the California Association for Licensed Professional Clinical Counselors, the sponsor of this bill, this bill is simply a cleanup measure to add LPCCs to the California codes sections where similarly situated professions are included. The bill also makes LPCC licensing corrections requested by the BBS and makes conforming changes.
- Background. BBS licenses about 1,300 LPCCs. LPCCs are Masters'-level mental health practitioners that work in a variety of health care settings including hospitals, mental health organizations, and private practice.
The Licensed Professional Clinical Counselor Act was enacted in 2009. Subsequent legislation added LPCCs to various code sections that referred to licensed mental health professionals and were not updated by the original licensing act. This bill is further cleanup.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: April 24, 2018
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ABPCA Bill Id:AB 2296
Author:(Waldron) – As Amended Ver:April 10, 2018
PROPOSED CONSENT (Proposed to be Amended)
SUBJECT: LICENSED PROFESSIONAL CLINICAL COUNSELORS: LICENSED CLINICAL SOCIAL WORKERS: DEMANDS FOR SETTLEMENT: MEDICAL RELEASE
KEY ISSUE: SHOULD A MEDICAL RELEASE BE REQUIRED TO ACCOMPANY ANY DEMAND FOR SETTLEMENT OR OFFER TO COMPROMISE A PROFESSIONAL NEGLIGENCE COMPLAINT AGAINST A LICENSED PROFESSIONAL CLINICAL COUNSELOR, JUST AS REQUIRED UNDER CURRENT LAW FOR SUCH DEMANDS AND OFFERS OF COMPLAINT AGAINST LICENSED MARRIAGE OR FAMILY THERAPISTS?
SYNOPSIS
California's Confidential Medical Information Act (CMIA) prohibits, subject to certain exemptions, the disclosure of a person's medical information without that person's prior authorization. Existing law requires that such an authorization accompany any demand for settlement or offer to compromise a medical malpractice suit, if the demand or offer is made prior to the service of a complaint. The rationale for this existing requirement is that the defending professional should have access to any information that is relevant and necessary to investigate the extent of liability and damages so as to better evaluate the merits of the demand for settlement or offer to compromise. The existing requirement only applies to demands or offers made prior to the service of the complaint because, once a complaint has been filed, the information may be obtained through discovery. Currently, this requirement only applies to professional negligence allegations against a licensed physician or surgeon, or a licensed marriage or family therapist.
This bill, sponsored by the California Association for Licensed Professional Clinical Counselors, would extend this same requirement to professional negligence claims against licensed clinical social workers and licensed professional clinical counselors (LPCCs). Licensed clinical social workers and LPCCs, like licensed marriage and family therapists, are subject to professional negligence actions and medical information about their clients (which is defined to include mental health information under CMIA) is often relevant to considering whether their malpractice insurer should accept a settlement demand or compromise offer. In short, the same logic that justifies the existing requirement would also justify the proposed extension proposed to be made by this bill. This bill was previously analyzed by the Assembly Business and Professions Committee, regarding issues about the scope of practice of licensed professional clinical counselors, whereas this analysis is limited to the issues within the Committee’s jurisdiction, specifically the requirement under the Civil Code for a medical release to accompany any demand to settle or an offer to compromise of a civil claim for professional negligence against specified licensed professionals. The bill is supported by the American Association for Marriage and Family Therapists (if amended to make a technical change to correct a scope of practice issue). The author has agreed to make the amendment, which is described and reflected in the analysis. There is no opposition to the bill on file.
SUMMARY: Extends existing law requiring a medical release to accompany any demand for settlement or offer to compromise of a professional negligence claim against a licensed physician or surgeon, or a licensed marriage or family therapist, to demand and offer of professional negligence claims against licensed clinical social workers and licensed professional clinical counselors. Specifically, this bill:
- Requires, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of licensed clinical social workers and licensed professional clinical counselors, that a demand for settlement or offer to compromise is made on a patient’s behalf, accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur.
- Specifies that 1), above, does not authorize a representative of any person from whom settlement has been demanded to communicate in violation of the psychotherapist-patient privilege with a treating licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request.
EXISTING LAW:
- Provides for the regulation and licensure of the practice of professional clinical counseling under the Licensed Professional Clinical Counselor Act. (Business and Professions Code (BPC) Section 4999.10 –4999.129.)
- Defines "professional clinical counseling" as the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of specified coursework and training. The practice of professional clinical counseling includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions.
- Establishes the Board of Behavioral Sciences (BBS) within the Department of Consumers (DCA) to license and regulate, among others, Licensed Clinical Social Workers (LCSW) and Licensed Professional Clinical Counselors (LPCC), and to administer and enforce their respective practice acts. (BPC Section 4990 –4990.42.)
- Requires, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of specified licensed professionals, including physicians and marriage and family therapists, that a demand for settlement or offer to compromise is made on a patient’s behalf, accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. (Civil Code Section 56.105.)
- Requires that notice of any request for medical information made pursuant to the authorization in 4), above, is given to the patient or the patient’s legal representative and that it describes the subject matter and dates of the materials requested and shall also authorize the patient or the patient’s legal representative to receive, upon request, copies of the information at his or her expense. (Ibid.)
- Specifies that the provisions described in 4) and 5), above, do not waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patient’s authorization. (Ibid.)
- Specifies that the provisions described in 4) and 5), above, do not authorize a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, except for the medical information request. (Ibid.)
- Provides specific requirements for notice in an action against a health care provider for professional negligence, including a requirement that the defendant has been given at least 90 days’ prior notice of the intention to commence the action prior to its commencement. (Code of Civil Procedure Section 364.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: According to the author, Licensed Professional Clinical Counselors (LPCC) are the newest mental health professionals in California, having obtained licensing authority in 2009 under the Licensed Professional Clinical Counselor Act. There are currently more than 1,400 LPCCs and 1,900 registered Associate (formerly termed “Interns”) LPCCs in California. This bill, sponsored by the California Association for Licensed Professional Clinical Counselors “is simply a cleanup measure to add LPCCs to the California codes sections where Licensed Marriage and Family Therapists and Licensed Clinical Social Workers ‒ long-standing comparable professions ‒ are included.” The public health and scope of practice implications of those amendments are discussed in detail in the Assembly Business & Professions Committee’s analysis of this bill.
Just one provision within the bill regarding LPCCs appears to be in the jurisdiction of this Committee. Specifically, Section 8 of the bill amends California's Confidential Medical Information Act, or CMIA. The CMIA (codified as Civil Code Sections 56-56.37) provides important legal protection to licensed medical and mental health professionals and their patients. Among other things, the CMIA prohibits the disclosure of patient information without authorization from the patient. (56.07 (a).) It also requires, when a patient presents to the licensed professional a demand for settlement or offer to compromise in a professional negligence action, that the demand or offer must be accompanied by an authorization from the patient/client to disclose relevant medical information to the professional’s malpractice insurer. (Civil Code Section 56.105.) However, Section 56.105 only applies to physicians and surgeons and licensed marriage or family therapists (and their patients and clients).
The rationale for this existing requirement is that the defending professional – and the professional's malpractice insurer -- should have access to any information that is relevant and necessary to investigate the extent of liability and damages, in order to better evaluate the merits of the demand for settlement or offer to compromise. This provision only applies to demands or offers made prior to service of a complaint because, once the complaint is served, a party may seek this information through discovery. (Civil Code Section 56.10 (b)(3).) But currently, this authorization requirement only applies to professional negligence claims against a certified physician or surgeon or a licensed marriage or family therapist. It does not apply to either licensed clinical social workers, or LPCCs (or their clients).
This bill, which is sponsored by the California Association for Licensed Professional Clinical Counselors, would extend this same requirement to professional negligence claims made against licensed clinical social workers and LPCCs. According to the author and sponsor, LPCCs and licensed clinical social workers, like doctors, are subject to professional negligence actions and medical information about their clients (which is defined to include mental health information under CMIA) is often relevant to considering whether to accept a settlement or compromise offer.
Minor Technical Amendment. The American Association for Marriage and Family Therapists writes that it is “generally supportive” of the changes to the law proposed by this bill, but “respectfully request one amendment to your bill, consistent with the scope of practice limitation related to couple and family work currently in statute for LPCCs.” In order to address the concerns of the American Association for Marriage and Family Therapists and make the bill’s language consistent with the scope of practice limitation for licensed professional clinical counselors in existing law, the author has agreed to the following technical amendment on Page 29 of the bill, at line 38, adding the following to the end of the sentence:
“and is qualified to assess couples and families pursuant to paragraph (3) of subidivision (a) of Section 4999.20 of that Code.”
Prior Similar Legislation. SB 282 (Yee), Chap. 58, Stats. of 2013, extended a provision in existing law that requires any pre-service demand for settlement or offer to compromise in a claim of professional negligence against a certified physician or surgeon to be accompanied by an authorization to disclose medical information, as specified, to any demand or offer in a claim of professional negligence against a marriage and family therapist.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association for Licensed Professional Clinical Counselors (sponsor)
American Association for Marriage and Family Therapists (if amended)
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 2296
Author:(Waldron) – As Amended Ver:April 10, 2018
NOTE: This bill is double referred and, if passed by this Committee, will be referred to the Assembly Committee on Judiciary.
SUBJECT: Licensed professional clinical counselors: licensed clinical social workers.
SUMMARY: Adds Licensed Professional Clinical Counselors (LPCCs) to provisions that apply to similar Board of Behavioral Sciences (BBS) licensees; reauthorizes LPCC applicants, until August 31, 2020, to remediate assessment and diagnosis core educational content; and revises educational requirements to refer to 4 quarter units instead of 4.5 quarter units.
EXISTING LAW:
- Provides for the regulation and licensure of the practice of professional clinical counseling under the Licensed Professional Clinical Counselor Act. (Business and Professions Code (BPC) §§ 4999.10 – 4999.129)
- Defines "professional clinical counseling" as the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of specified coursework and training. The practice of professional clinical counseling includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions.
- Establishes the BBS within the Department of Consumers (DCA) to license and regulate Licensed Marriage and Family Therapists (LMFTs) and registered Associate Marriage and Family Therapists (AMFs), Licensed Educational Psychologists (LEPs), Licensed Clinical Social Workers (LCSW) and registered Associate Clinical Social Workers (ACSWs), and Licensed Professional Clinical Counselors (LPCC) and registered Association Professional Clinical Counselors (APCC), and administer and enforce their respective practice acts. (BPC §§ 4990 – 4990.42)
- Requires an applicant seeking licensure as an LPCC to possess a degree that contains the equivalent of at least 3 semester units or 4.5 quarter units of graduate study in specified core content areas. (BPC §§ 4999.32, 4999.33, 4999.62, 4999.63)
- Authorizes an LPCC applicant whose degree is deficient in no more than 2 of the specified required areas of study to satisfy those deficiencies by successfully completing post-master’s or postdoctoral degree coursework, except that this option does not apply to the required areas of study relating to assessment, appraisal, and testing of individuals and principles of the diagnostic process. (BPC §§ 4999.32, 4999.33)
- Exempts qualified members of specified recognized professional groups who perform work of a psychological nature from the Psychology Licensing Law, which provides for the licensure of regulation of psychologists by the Board of Psychology. (BPC § 2908)
- Defines "a psychological corporation" as a corporation that is authorized to render professional services if the corporation and its shareholders, officers, directors, and employees rendering professional services are specified healing arts licensees. (BPC § 2995)
- Exempts specified healing arts licensees from the Psychiatric Technicians Law, which provides for the licensure and regulation of psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians. (BPC § 4507)
- Requires the governing board of a school district to establish an open enrollment policy as a condition of receiving certain school apportionments from the State School Fund; authorizes the open enrollment policy to provide that special circumstances may exist that might be harmful or dangerous to a pupil in his or her current attendance area; and authorizes the special circumstances findings to be based on a written statement from, among others, specified licensed or registered professionals. (Education Code § 35160.5)
- Establishes procedures under the Confidentiality of Medical Information Act for the disclosure of medical information to the person or organization insuring, responsible for, or defending professional liability that specified healing arts licensees may incur. (Civil Code § 56.105)
- Establishes qualifications for a court-connected or private child custody evaluator, including specified education, experience, and training requirements, and limits those who may be a child custody evaluator to specified healing arts licensees. (Family Code § 3110.5)
- Defines, for purposes of child-parent relationship and custody proceedings, an "adoption service provider" to include licensed or approved adoption agencies, as specified, and LCSWs and LMFTs with a minimum of 5 years of experience providing professional social work or adoption casework services. (Family Code §§ 7663, 7827, 7850, 7851)
- Requires a court, prior to granting or denying a stepparent adoption request, to review and consider a written investigative report, which may be completed by an LCSW, LMFT, or a private licensed adoption agency, if the petitioner so elects. (Family Code §§ 8502, 9001)
- Provides that treatment reasonably required to cure or relieve the effects of a workers' compensation injury include the services of LMFTs and LCCWs. (Labor Code § 3209.8)
- Establishes the Office of Child Abuse Prevention to plan, improve, develop, and carry out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect; defines for those purposes "multidisciplinary personnel" as a team of 3 or more persons trained in the prevention, identification, management, or treatment of child abuse or neglect cases and who are qualified to provide a broad range of services related to child abuse or neglect; authorizes a county to establish a similar "child abuse multidisciplinary personnel team" for similar purposes at the county level; and defines both include, among others, psychiatrists, psychologists, LMFTs, or other trained counseling personnel. (Welfare and Institutions Code §§ 18951, 18961.7)
THIS BILL:
- Reauthorizes an in-state LPCC applicant to remediate assessment and diagnosis core content until August 31, 2020.
- Revises the 4.5 quarter unit requirement for LPCC content areas to instead require 3-semester or 4-quarter unit courses.
- Amends the Psychology Licensing Law to add LPCCs to the list of those who may do work of a psychological nature, provided that they do not hold out as a “psychologist” or similar terms.
- Amends the Psychology Licensing Law to include LPCCs with those who may be shareholders, officers, directors or employees of a psychological corporation.
- Adds LPCCs to the list of those mental health professions who are exempt from the Psychiatric Technician Law.
- Amends the Confidentiality of Medical Information Act to add LPCCs and LCSWs to those licensed professions which require that an authorization to disclose medical information also accompany a demand for settlement or offer to compromise issued in a professional negligence action, in the same manner as required for LMFTs and physicians or surgeons.
- Adds LPCCs to the list of those whose written statement may be used for certain school open enrollment purposes.
- Adds LPCCs to the list of those who may serve as court-connected or private child custody evaluators.
- Adds LPCCs to those mental health professionals who may be involved in adoption proceedings, as specified.
- Adds LPCCs to the list of those who may provide services to treat the effects of an injury in a workers compensation case.
- Adds LPCCs and LCSWs to the list of mental health professionals who may serve on a multidisciplinary personnel team, as specified, in child abuse or neglect cases.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the California Association for Licensed Professional Clinical Counselors. According to the author, the "Licensed Professional Clinical Counselor Act (the Act) was enacted in 2009. In 2011, cleanup legislation was signed into law to add LPCCs to various code sections that referred to licensed mental health professionals and were not updated by the original licensing act. However, there currently remain a handful of laws which had been missed in the cleanup legislation in 2011. [This bill] is simply a cleanup measure to add LPCCs to the California codes sections where [LMFTs] and [LCSWs] ‒ long-standing comparable professions ‒ are included. The bill also makes LPCC licensing corrections requested by the BBS and makes conforming changes."
Background. The Licensed Professional Clinical Counselor Act was enacted in 2009, making LPCCs the newest category of licensed mental health professionals in California. According to the DCA's 2017 Annual Report, the BBS reported a licensing population of 1,536 LPCCs and 2,724 registered APCCs.
Board of Behavioral Sciences. LPCCs are licensed and regulated by the BBS, along with LCSWs, MFTs, and LEPs. The BBS also registers associates (interns) for the respective licensees, except LEPs. Overall, the BBS licenses and regulates more than 100,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in certain areas.
The BBS requested two provisions under this bill, one relating to remediation of core content and the other relating to the 3-semester or 4.5-quarter unit requirement. The BBS' Policy and Advocacy Committee approved the provisions on February 9, 2018, and BBS staff asked the sponsor and author to include the provisions in this bill. The full BBS board has not had the opportunity to vote on a position on this bill but will consider its position at its May 9-11, 2018, meeting.
Remediating core content. Applicants for an LPCC license must obtain a degree in “counseling or psychotherapy,” which must include 13 specified core content areas. Applicants who have completed degrees that contain some counseling or psychotherapy coursework may also remediate (make-up) certain core content areas after the degree is completed.
However, the BBS states that some degrees are "not intended to lead to licensure as a clinical counselor. Examples of these types of degrees include degrees in human relations or rehabilitation counseling." As a result, the BBS sponsored AB 1917 (Obernolte), Chapter 70, Statutes of 2016, which specified that provide that the “assessment” and “diagnosis” core content areas could not be remediated for those applying for a license or registration after January 1, 2017.
However, the bill did not include a delayed implementation date to allow for a phase-in period. As a result, the BBS reports that a number of LPCC applicants were “caught in the pipeline” and denied licensure because the remediated coursework no longer counted. Applicants argued that there should have been a delay in implementation, in consideration of those who already remediated. Schools also argued that some of the excluded degrees should continue qualify because the curriculum requirements include those started before August 1, 2012 and completed after December 31, 2018. As a result, they believed that applicants had until the end of 2018 to complete the requirements.
This bill allows applicants who would have qualified more time to remediate the assessment and diagnosis coursework. The grace-period will last until August 31, 2020.
4.5 quarter unit requirement. Currently, LPCC applicants must have the equivalent of at least 3 semester units or 4.5 quarter units of graduate coursework in specified core content areas to qualify for a license. Generally, 1 semester unit equals 1.5 quarter units. Therefore, 3 semester units equal 4.5 quarter units (3 x 1.5 = 4.5).
However, the sponsor notes that it is rare for degree programs to offer courses in 0.5-unit increments. As a result, the sponsor is concerned that some LPCC applicants will be ineligible for licensure solely because they are missing 0.5 quarter units from core content areas. In response, the BBS surveyed the licensing laws in a number of states and found that other states equate semester and quarter units in whole units and none require 0.5 quarter unit in its course calculations. This bill removes the 0.5-quarter unit requirement and instead requires 3-semester or 4-quarter unit courses, the same as is required in other states.
Prior Related Legislation. AB 1917 (Obernolte), Chapter 70, Statutes of 2016, which among other things, revised LPCC licensing law to provide that the “assessment” and “diagnosis” core content areas could not be remediated for those applying for a license or registration after January 1, 2017.
SB 146 (Wyland), Chapter 381, Statutes of 2011 was a clean-up bill that added LPCCs in the codes with the other BBS licensees and comparable mental health licensees.
SB 788 (Wyland), Chapter 619, Statutes of 2009 enacted the LPCC Act, providing for the licensing and regulation of LPCCs in California.
REGISTERED SUPPORT:
California Association for Licensed Professional Clinical Counselors (sponsor)
REGISTERED OPPOSITION:
None on file
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Discussed in Hearing
44SEC
Assembly Floor
2MIN
Senate Floor
2MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):