2018 BBS Statutes and Regulations

1 Statutes AND Regulations RELATING TO THE PRACTICES OF PROFESSIONAL CLINICAL COUNSELING MARRIAGE AND FAMILY THERAPY EDUCATIONAL PSYCHOLOGY CLINICAL SOCIAL WORK JANUARY 2018 KIM MADSEN EXECUTIVE OFFICER Statutes AND Regulations RELATING TO THE PRACTICE OF: PROFESSIONAL CLINICAL COUNSELING MARRIAGE AND FAMILY THERAPY EDUCATIONAL PSYCHOLOGY CLINICAL SOCIAL WORK ISSUED BY: BOARD OF BEHAVIORAL SCIENCES 1625 North Market Blvd, Suite S200 Sacramento, CA 95834 January 2018 KIM MADSEN EXECUTIVE OFFICER THE Statutes AND Regulations IN THIS BOOKLET REFLECT CHANGES MADE THROUGH January 1, 2018 NEW / AMENDED LAWS The following Statutes and Regulations have been amended: (All sections are Business & Professions Code unless otherwise noted) NEW / AMENDED Section Number LAWS Change Adds language stating any reference to intern means associate.

2 Changes the term intern to associate. Amends qualifications for a clinical exam waiver. Changes the term exam eligibility to licensure. Changes intern and exam eligibility terms. Updates name change requirements to include photo Increases Mental Health Practitioner Education Fund Fee to $20 effective 7/1/18. Updates name change requirements to include photo Updates name change requirements to include photo Changes the term exam eligibility to licensure. Changes the term exam eligibility to licensure. Clarifies out-of-state license requirements. Increases Mental Health Practitioner Education Fund Fee to $20 effective 7/1/18. Adds language stating any reference to intern means associate. Changes intern and exam eligibility terms. Changes the term "exam eligibility" to "licensure." Removes start date that is no longer needed; changes intern title to associate.

3 Clarifies that all applicants must pass the clinical exam. Changes exam eligibility to licensure ; clarifies out-of-state license requirements. Changes the term exam eligibility to licensure. Changes intern and exam eligibility terms. Changes intern and exam eligibility terms. Updates name change requirements to include photo Changes intern and exam eligibility terms; deletes obsolete fee. Adds $20 Mental Health Practitioner Education Fund Fee for LPCCs effective 7/1/18. Health & Safety Code 123110 Makes updates to the requirements for patient record requests. California Code of Regulation Title 16 Allows the Board to grant additional examination time to an applicant for whom English is a second language, if certain criteria are met. THIS BOOKLET DOES NOT CONTAIN CHANGES MADE AFTER January 1, 2018. Please refer to the board s website ( ) for any changes made after this date.

4 TABLE OF CONTENTS BUSINESS AND PROFESSIONS CODE OF CALIFORNIA CHAPTER 13. LICENSED MARRIAGE AND FAMILY THERAPISTS .. 11 ARTICLE 1. REGULATION .. 11 4980. NECESSITY OF LICENSE .. 11 CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN PROFESSIONALS AND EMPLOYEES .. 11 PRACTICE OF MARRIAGE, FAMILY AND CHILD COUNSELING; APPLICATION OF PRINCIPLES AND 12 DEFINITIONS .. 12 LICENSED MARRIAGE AND FAMILY THERAPIST ACT .. 13 LICENSE TITLE NAME CHANGE .. 13 REGISTRANT TITLE NAME CHANGE .. 13 ENGAGING IN PRACTICE.

5 13 APPLICATION FOR LICENSE; PAYMENT OF FEE .. 14 DISPLAY OF LICENSE .. 14 LEGISLATIVE INTENT .. 14 OBLIGATION TO PROVIDE COMPLETE AND ACCURATE APPLICATION; DUTIES OF BOARD .. 14 QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION; BEGINNING GRADUATE STUDY AFTER AUGUST 1, 2012 OR COMPLETING GRADUATE STUDY AFTER DECEMBER 31, 2018 .. 15 QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION; BEGINNING GRADUATE STUDY BEFORE AUGUST 1, 2012 AND COMPLETING GRADUATE STUDY BEFORE DECEMBER 31, 2018 .. 19 NOTIFICATION TO STUDENTS OF DESIGN OF DEGREE PROGRAM; CERTIFICATION OF FULFILLMENT OF REQUIREMENTS .. 21 ADDITIONAL CONTINUING EDUCATION REQUIREMENT .. 21 REQUIRED EXAMINATIONS .. 22 EXAMINATION RESTRUCTURE TRANSITION SCENARIOS .. 22 CALIFORNIA LAW AND ETHICS EXAMINATION .. 23 QUALIFICATIONS .. 23 ELIGIBILITY TO SIT FOR LICENSING EXAMINATIONS; COURSEWORK OR TRAINING; INOPERATIVE JANUARY 1, 2019.

6 24 TRAINEES' SERVICES .. 25 PROFESSIONAL EXPERIENCE; INTERNS OR TRAINEES .. 26 UNLICENSED INTERN; QUALIFICATIONS; NOTICE TO CLIENT OR PATIENT; ADVERTISEMENTS .. 29 EMPLOYMENT OR SUPERVISION OF REGISTRANTS; MAXIMUM NUMBER OF REGISTRANTS .. 29 FICTITIOUS BUSINESS NAMES .. 30 TRAINEES; NOTICE TO CLIENTS OF UNLICENSED STATUS; ADVERTISEMENTS .. 30 CLIENT RECORDS: RETENTION .. 30 EXAMINATION; ISSUANCE OF LICENSE; EXAMINATION RECORD RETENTION; SEVEN YEAR LIMITATION ONCLINICALEXAMINATION .. 30 CONTINUING EDUCATION .. 31 DISCLOSURE OF COUNSELOR S QUALIFICATIONS .. 32 CONTINUING EDUCATION FOR SPOUSAL OR PARTNER ABUSE .. 32 RULES AND Regulations .. 33 ADDITIONAL PERSONNEL .. 33 ; EQUIVALENT REQUIREMENTS .. 33 EDUCATION AND EXPERIENCE GAINED OUTSIDE OF CALIFORNIA .. 34 DEGREE OBTAINED OUTSIDE THE UNITED STATES .. 34 SUBSTANTIALLY EQUIVALENT EDUCATION; COURSEWORK REQUIRED OF APPLICANTS NOT LICENSED OUTSIDE OF CALIFORNIA.

7 34 SUBSTANTIALLY EQUIVALENT EDUCATION; COURSEWORK REQUIRED OF APPLICANTS LICENSED OUTSIDE OF CALIFORNIA .. 36 1 ADDITIONAL COURSEWORK REQUIREMENTS FOR OUT-OF-STATE APPLICANTS .. 37 ARTICLE 2. DENIAL, SUSPENSION, AND REVOCATION .. 40 4982. UNPROFESSIONAL 40 ENFORCEMENT STATUTE OF LIMITATIONS .. 42 UNCODIFIED LAW RELATING TO SECTION .. 43 MENTAL ILLNESS OR CHEMICAL DEPENDENCY; GROUNDS FOR REFUSAL TO LICENSE OR REGISTER 43 PLACING OF LICENSE OR REGISTRATION ON PROBATION; CIRCUMSTANCES .. 43 DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION; GROUNDS.

8 43 DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN SEXUAL CONTACT WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION .. 44 CONDUCT OF PROCEEDINGS .. 44 ARTICLE 3. PENALTIES .. 44 4983. VIOLATION; MISDEMEANOR; PUNISHMENT .. 44 INJUNCTION .. 44 ARTICLE 4. 44 4984. EXPIRATION OF LICENSES; RENEWAL OF UNEXPIRED LICENSES .. 44 INTERN REGISTRATION; DURATION; RENEWAL .. 45 RENEWAL OF EXPIRED LICENSES .. 45 RENEWAL OF SUSPENDED LICENSE; EFFECT OF RENEWAL .. 45 REVOKED LICENSE; REINSTATEMENT AFTER EXPIRATION .. 45 TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE .. 46 ISSUANCE OF A RETIRED LICENSE MARRIAGE AND FAMILY THERAPIST .. 46 BOARD REPORT AND PAYMENT OF REVENUE .. 47 LICENSING AND EXAM FEES 47 FAILED CLINICAL EXAMINATION; REEXAMINATION; NEW APPLICATION REQUIREMENT .. 47 ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER EDUCATION FUND; INOPERATIVE JULY 1, 2018.

9 48 ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER EDUCATION FUND; OPERATIVE JULY 1, 2018 .. 48 INACTIVE LICENSE .. 48 LICENSEE OR REGISTRANT NAME CHANGE .. 48 ARTICLE 6. MARRIAGE AND FAMILY THERAPIST CORPORATIONS .. 49 DEFINITION .. 49 UNPROFESSIONAL CONDUCT .. 49 NAME .. 49 DIRECTORS, SHAREHOLDERS AND OFFICERS; NECESSITY OF LICENSE .. 49 4988. INCOME FOR PROFESSIONAL SERVICES NOT TO ACCRUE TO DISQUALIFIED SHAREHOLDERS .. 49 CORPORATE UNPROFESSIONAL CONDUCT .. 50 RULES AND Regulations .. 50 ARTICLE 7. REVIEW .. 50 4989. POWERS AND DUTIES OF BOARD; DATE OF REVIEW .. 50 CHAPTER LICENSED EDUCATIONAL PSYCHOLOGISTS .. 51 ARTICLE 1. 51 EDUCATIONAL PSYCHOLOGIST PRACTICE ACT .. 51 ADMINISTRATION AND ENFORCEMENT OF 51 ENGAGING IN PRACTICE .. 51 SCOPE OF PRACTICE .. 51 LICENSING EXCEPTIONS .. 52 RULES OF PROFESSIONAL CONDUCT .. 52 2 ARTICLE 2.

10 LICENSURE .. 52 LICENSURE REQUIREMENTS .. 52 EXAMINATION .. 53 CONVICTION INVOLVING SEXUAL ABUSE OF CHILDREN .. 53 GROUNDS FOR REFUSAL TO ISSUE LICENSE; MENTAL ILLNESS OR CHEMICAL .. 53 DEPENDENCY .. 53 DENIAL OF APPLICATION FOR UNPROFESSIONAL CONDUCT .. 53 ARTICLE 3. RENEWAL AND CONTINUING EDUCATION .. 54 EXPIRATION OF LICENSE .. 54 RENEWAL OF UNEXPIRED LICENSE .. 54 CONTINUING EDUCATION REQUIREMENTS .. 54 RENEWAL OF EXPIRED LICENSE .. 55 RENEWAL OF SUSPENDED LICENSE .. 55 EXPIRATION AND REINSTATEMENT OF REVOKED LICENSE .. 55 TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE .. 55 INACTIVE LICENSE .. 55 ISSUANCE OF A RETIRED LICENSE LICENSED EDUCATIONAL PSYCHOLOGIST .. 56 ARTICLE 4. REGULATION .. 57 NAME CHANGE REQUIREMENTS .. 57 DISPLAY OF LICENSE .. 57 ADVERTISING .. 57 NECESSITY OF LICENSE; UNAUTHORIZED REPRESENTATION AS A LICENSEE .. 57 CLIENT RECORDS: RETENTION.