JANUARY 2024
STEVE SODERGREN
EXECUTIVE OFFICER
STATUTES AND REGULATIONS
RELATING TO THE PRACTICES OF
PROFESSIONAL CLINICAL COUNSELING
MARRIAGE AND FAMILY THERAPY
EDUCATIONAL PSYCHOLOGY
CLINICAL SOCIAL WORK
S
TATUTES AND REGULATIONS
R
ELATING TO THE PRACTICE OF:
P
ROFESSIONAL CLINICAL COUNSELING
M
ARRIAGE AND FAMILY THERAPY
E
DUCATIONAL PSYCHOLOGY
CLINICAL SOCIAL WORK
I
SSUED BY:
BOARD OF
BEHAVIORAL SCIENCES
1625 North Market Blvd, Suite S200
Sacramento, CA 95834
http://www.bbs.ca.gov
January 2024
S
TEVE SODERGREN
E
XECUTIVE OFFICER
Note to Reader
This publication is a condensed version of the statutes and regulations of the professions
regulated by the Board of Behavioral Sciences. However, it does not incorporate all sections
of law contained within any of the respective codes. To access a complete and current listing
of the California Codes, please visit the following websites:
Reference sources:
California Statutes
California Code of Regulations
While every effort has been made to ensure that the book is current and accurate, readers
are advised that the applicable statutes and regulations are subject to revision. Should any
difference or discrepancy occur, duly enacted statutes or regulations shall take precedence
over the information contained herein.
2
NEW / AMENDED LAWS
The following statutes and regulations have been amended:
(All sections are in the Business & Professions Code unless otherwise noted)
NEW / AMENDED LAWS
Section Number Business and Professions Code Change
§27 Technical, nonsubstantive changes.
§27.5
Provides a method to keep name changes confidential on the Board's online
license verification system in circumstances where the name was changed to
match gender identity, or due to certain circumstances of domestic violence.
§115.10
Provides a registration to practice for military members and spouses who are
licensed in other states and relocate due to military orders.
§115.4
Provides expedited licensure to active military who are enrolled in the U.S.
Department of Defense SkillBridge p
r
ogram.
§4980
Makes technical, clarifying amendments.
§4980.11
Provides a 30-day temporary practice allowance to qualifying licensees of another
state or U.S. jurisdiction.
§4980.30
Makes technical, clarifying amendments.
§4989.14
Makes a clarifying amendment.
§4990.13
Clarifies that the Board's internet website can be used for purposes of license and
registration verification.
Chapter 14 Article 1
Heading
A
dds a "General Provisions" header.
§4991.2
Makes a technical, clarifying amendment.
§4996.16.1
Provides a 30-day temporary practice allowance to qualifying licensees of another
state or U.S. jurisdiction.
§4999.23
Provides a 30-day temporary practice allowance to qualifying licensees of another
state o
r
U.S. jurisdiction.
Health & Safety
Code §123110
Makes a nonsubstantive technical amendment.
Welfare &
Institutions Code
§15630
Makes changes to the mandated reporting requirements for elder or dependent
adult abuse.
Family Code §6924
Makes the requirements for a minor to consent to mental health treatment for
Medi-Cal recipients equal to the minor mental health consent requirements for
non Medi-Cal recipients.
3
THIS BOOKLET DOES NOT CONTAIN CHANGES MADE AFTER
January 1, 2024.
Please refer to the “Law Changes” section of 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.................................................................. 15
ARTICLE 1. REGULATION ................................................................................................................................... 15
§ 4980. NECESSITY OF LICENSE ......................................................................................................................................... 15
§ 4980.01. CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN PROFESSIONALS AND
§ 4980.11. TEMPORARY PRACTICE ALLOWANCE: LICENSEES IN ANOTHER STATE OR UNITED STATES
§ 4980.36. QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION; BEGINNING GRADUATE
§ 4980.37. QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION; BEGAN GRADUATE STUDY
§ 4980.38. NOTIFICATION TO STUDENTS OF DESIGN OF DEGREE PROGRAM; CERTIFICATION OF
§ 4980.395. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH SERVICES VIA
§ 4980.396. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK ASSESSMENT AND
§ 4980.43.4. SUPERVISEES: LOCATION OF SERVICES; MAXIMUM NUMBER OF SUPERVISEES; OVERSIGHT
§ 4980.50. EXAMINATION; ISSUANCE OF LICENSE; EXAMINATION RECORD RETENTION; SEVEN YEAR LIMITATION
EMPLOYEES; REQUIRED NOTICE TO CLIENTS ................................................................................................................ 16
4980.02. PRACTICE OF MARRIAGE AND FAMILY THERAPY; APPLICATION OF PRINCIPLES AND METHODS ......... 17§
4980.03. DEFINITIONS ....................................................................................................................................................... 17§
4980.04. LICENSED MARRIAGE AND FAMILY THERAPIST ACT .................................................................................... 19§
4980.05. EXEMPT SETTINGS ............................................................................................................................................ 19§
4980.06. NONEXEMPT SETTINGS .................................................................................................................................... 19§
4980.08. LICENSE TITLE NAME CHANGE ........................................................................................................................ 20§
4980.09. REGISTRANT TITLE NAME CHANGE................................................................................................................. 20§
§ 4980.10. ENGAGING IN PRACTICE ................................................................................................................................... 21
JURISDICTION ...................................................................................................................................................................... 21
4980.30. NECESSITY OF LICENSE ................................................................................................................................... 22§
4980.31. DISPLAY OF LICENSE ......................................................................................................................................... 22§
4980.32. REQUIRED NOTICE TO CLIENTS ....................................................................................................................... 22§
4980.34. LEGISLATIVE INTENT .......................................................................................................................................... 22§
§ 4980.35. OBLIGATION TO PROVIDE COMPLETE AND ACCURATE APPLICATION; DUTIES OF BOARD ........................ 23
STUDY AFTER AUGUST 1, 2012 OR COMPLETING GRADUATE STUDY AFTER DECEMBER 31, 2018......................... 24
BEFORE AUGUST 1, 2012 AND COMPLETED GRADUATE STUDY BEFORE DECEMBER 31, 2018 ............................... 28
FULFILLMENT OF REQUIREMENTS .................................................................................................................................... 30
§ 4980.39. ADDITIONAL COURSEWORK: AGING AND LONG-TERM CARE ..................................................................... 30
TELEHEALTH ........................................................................................................................................................................ 31
INTERVENTION ..................................................................................................................................................................... 31
4980.397. REQUIRED EXAMINATIONS ............................................................................................................................. 32§
4980.398. EXAMINATION RESTRUCTURE TRANSITION SCENARIOS .......................................................................... 32§
4980.399. CALIFORNIA LAW AND ETHICS: EXAMINATION AND CONTINUING EDUCATION ...................................... 33§
4980.40. QUALIFICATIONS ................................................................................................................................................ 33§
4980.41. ELIGIBILITY TO SIT FOR LICENSING EXAMINATIONS; COURSEWORK OR TRAINING................................ 33§
4980.42. TRAINEES' SERVICES ........................................................................................................................................ 35§
4980.43. SUPERVISED EXPERIENCE: ASSOCIATES OR TRAINEES ............................................................................ 36§
4980.43.1. SUPERVISOR RESPONSIBILITIES ................................................................................................................. 37§
4980.43.2. DIRECT SUPERVISOR CONTACT; INOPERATIVE JANUARY 1, 2026 .......................................................... 38§
4980.43.2. DIRECT SUPERVISOR CONTACT; OPERATIVE JANUARY 1, 2026 .............................................................. 39§
§ 4980.43.3. SUPERVISED EXPERIENCE: ACCEPTABLE SETTINGS; ACCEPTABLE SUPERVISION PRACTICES ...... 40
AGREEMENT
......................................................................................................................................................................... 42
4980.43.5. AUDITS OF SUPERVISORS ............................................................................................................................. 42§
4980.44. ASSOCIATE NOTICE TO CLIENT OR PATIENT; ADVERTISEMENTS .............................................................. 42§
4980.46. FICTITIOUS BUSINESS NAMES ......................................................................................................................... 43§
4980.48. TRAINEES; NOTICE TO CLIENTS OF UNLICENSED STATUS; ADVERTISEMENTS ...................................... 43§
§ 4980.49. CLIENT RECORDS: RETENTION.......................................................................................................................... 43
5
ON CLINICAL EXAMINATION ................................................................................................................................................. 44
4980.54. CONTINUING EDUCATION ................................................................................................................................. 45§
4980.55. DISCLOSURE OF COUNSELOR’S QUALIFICATIONS ....................................................................................... 46§
4980.57. CONTINUING EDUCATION FOR SPOUSAL OR PARTNER ABUSE ................................................................. 46§
4980.60. RULES AND REGULATIONS ............................................................................................................................... 46§
4980.70. ADDITIONAL PERSONNEL .................................................................................................................................. 47§
§ 4980.72. OUT-OF-STATE APPLICANTS: LICENSURE BY CREDENTIAL .......................................................................... 47
4980.74. OUT-OF-STATE APPLICANTS: LICENSURE BY EDUCATION AND EXPERIENCE ......................................... 48§
4980.76. DEGREE OBTAINED OUTSIDE THE UNITED STATES ..................................................................................... 48§
4980.78. LICENSURE BY EDUCATION AND EXPERIENCE: SUBSTANTIALLY EQUIVALENT EDUCATION ................ 48§
§ 4980.81. LICENSURE BY EDUCATION AND EXPERIENCE: ADDITIONAL COURSEWORK .......................................... 50
ARTICLE 2. DENIAL, SUSPENSION, AND REVOCATION ................................................................................. 53
4982. UNPROFESSIONAL CONDUCT ............................................................................................................................... 53
§ 4982.25. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION;
§ 4982.26. DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN SEXUAL CONTACT
§
4982.05. ENFORCEMENT STATUTE OF LIMITATIONS ................................................................................................... 55§
UNCODIFIED LAW RELATING TO SECTION 4982.05 ......................................................................................................... 56
§ 4982.1. MENTAL ILLNESS OR CHEMICAL DEPENDENCY; GROUNDS FOR REFUSAL TO LICENSE OR REGISTER 56
§ 4982.15. PLACING OF LICENSE OR REGISTRATION ON PROBATION; CIRCUMSTANCES ......................................... 56
GROUNDS ............................................................................................................................................................................. 57
WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION ..................................................................................... 57
§ 4982.3. CONDUCT OF PROCEEDINGS ............................................................................................................................. 57
ARTICLE 3. PENALTIES ....................................................................................................................................... 57
4983. VIOLATION; MISDEMEANOR; PUNISHMENT ......................................................................................................... 57§
§ 4983.1. INJUNCTION ........................................................................................................................................................... 57
ARTICLE 4. REVENUE .......................................................................................................................................... 58
§ 4984. EXPIRATION OF LICENSES; RENEWAL OF UNEXPIRED LICENSES ................................................................... 58
4984.01. ASSOCIATE REGISTRATION; DURATION; RENEWAL ....................................................................................... 58§
4984.1. RENEWAL OF EXPIRED LICENSES ..................................................................................................................... 59§
4984.2. SUSPENDED LICENSE; RENEWAL ...................................................................................................................... 59§
4984.3. REVOKED LICENSE; REINSTATEMENT .............................................................................................................. 59§
4984.4. TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE ..................................................................... 59§
– MARRIAGE AND FAMILY THERAPIST ................................................... 59§ 4984.41. ISSUANCE OF A RETIRED LICENSE
4984.5. BOARD REPORT AND PAYMENT OF REVENUE ................................................................................................. 60§
4984.7. FEE SCHEDULE ...................................................................................................................................................... 60§
4984.72. FAILED CLINICAL EXAMINATION; REEXAMINATION; NEW APPLICATION REQUIREMENT............................. 62§
4984.75. ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER EDUCATION FUND ................. 62§
4984.8. INACTIVE LICENSE ............................................................................................................................................... 62
§
§ 4984.9. LICENSEE OR REGISTRANT NAME CHANGE .................................................................................................... 63
ARTICLE 6. MARRIAGE AND FAMILY THERAPIST CORPORATIONS............................................................. 63
4987.5. DEFINITION ............................................................................................................................................................ 63§
4987.6. UNPROFESSIONAL CONDUCT.............................................................................................................................. 63§
4987.7. NAME ...................................................................................................................................................................... 63§
4987.8. DIRECTORS, SHAREHOLDERS AND OFFICERS; NECESSITY OF LICENSE ................................................... 63§
4988. INCOME FOR PROFESSIONAL SERVICES NOT TO ACCRUE TO DISQUALIFIED SHAREHOLDERS ............... 64§
4988.1. CORPORATE UNPROFESSIONAL CONDUCT..................................................................................................... 64§
§ 4988.2. RULES AND REGULATIONS ................................................................................................................................. 64
ARTICLE 7. REVIEW ............................................................................................................................................. 64
§ 4989. POWERS AND DUTIES OF BOARD; DATE OF REVIEW ......................................................................................... 64
CHAPTER 13.5. LICENSED EDUCATIONAL PSYCHOLOGISTS ....................................................................... 65
ARTICLE 1. GENERAL.......................................................................................................................................... 65
6
4989.10. EDUCATIONAL PSYCHOLOGIST PRACTICE ACT ............................................................................................ 65§
4989.12. ADMINISTRATION AND ENFORCEMENT OF CHAPTER .................................................................................. 65§
4989.13. ENGAGING IN PRACTICE ................................................................................................................................... 65§
4989.14. SCOPE OF PRACTICE ........................................................................................................................................ 65§
4989.16. LICENSING EXCEPTIONS .................................................................................................................................. 66§
4989.17. REQUIRED NOTICE TO CLIENTS ....................................................................................................................... 66§
§ 4989.18. RULES OF PROFESSIONAL CONDUCT ............................................................................................................ 67
ARTICLE 2. LICENSURE ...................................................................................................................................... 67
4989.20. LICENSURE REQUIREMENTS ........................................................................................................................... 67
§ 4989.23. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK ASSESSMENT AND
§ 4989.23.1. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH SERVICES VIA
§
§ 4989.22. EXAMINATION ..................................................................................................................................................... 68
INTERVENTION ..................................................................................................................................................................... 68
TELEHEALTH ........................................................................................................................................................................ 69
4989.24. CONVICTION INVOLVING SEXUAL ABUSE OF CHILDREN ............................................................................. 69§
4989.26. GROUNDS FOR REFUSAL TO ISSUE LICENSE; MENTAL ILLNESS OR CHEMICAL ...................................... 70§
DEPENDENCY ....................................................................................................................................................................... 70
§ 4989.28. DENIAL OF APPLICATION FOR UNPROFESSIONAL CONDUCT ..................................................................... 70
ARTICLE 3. RENEWAL AND CONTINUING EDUCATION .................................................................................. 70
4989.30. EXPIRATION OF LICENSE .................................................................................................................................. 70§
4989.32. RENEWAL OF UNEXPIRED LICENSE ................................................................................................................ 70§
4989.34. CONTINUING EDUCATION REQUIREMENTS ................................................................................................... 70§
4989.36. RENEWAL OF EXPIRED LICENSE ..................................................................................................................... 71 §
4989.38. SUSPENDED LICENSE; RENEWAL.................................................................................................................... 71§
4989.40. REVOKED LICENSE; REINSTATEMENT ............................................................................................................ 71§
4989.42. TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE .................................................................. 72§
4989.44. INACTIVE LICENSE ............................................................................................................................................. 72§
§ 4989.45. ISSUANCE OF A RETIRED LICENSE – LICENSED EDUCATIONAL PSYCHOLOGIST .................................... 72
ARTICLE 4. REGULATION ................................................................................................................................... 73
§ 4989.46. NAME CHANGE REQUIREMENTS ..................................................................................................................... 73
4989.47. FICTITIOUS BUSINESS NAMES ......................................................................................................................... 73§
4989.48. DISPLAY OF LICENSE ......................................................................................................................................... 74§
4989.49. ADVERTISING ...................................................................................................................................................... 74§
4989.50. NECESSITY OF LICENSE; UNAUTHORIZED REPRESENTATION AS A LICENSEE ....................................... 74§
4989.51. CLIENT RECORDS: RETENTION ........................................................................................................................ 74§
§ 4989.52. COMPENSATION IN RELATION TO PROFESSIONAL COUNSELING SERVICES ........................................... 74
ARTICLE 5. ENFORCEMENT ............................................................................................................................... 74
4989.54. UNPROFESSIONAL CONDUCT .......................................................................................................................... 74§
4989.56. REVOCATION OF LICENSE; USE OF DRUGS IN PRACTICE ........................................................................... 77§
4989.58. REVOCATION OF LICENSE DUE TO SEXUAL CONTACT WITH A CLIENT ..................................................... 77§
4989.60. PROHIBITED ACTIVITIES PENDING REINSTATEMENT OF LICENSE ............................................................. 78§
4989.62. CONDUCT OF DISCIPLINARY PROCEEDINGS................................................................................................. 78§
4989.64. ISSUANCE OF INJUNCTION OR OTHER ORDER TO RESTRAIN CONDUCT .................................................. 78§
§ 4989.66. VIOLATION OF CHAPTER; MISDEMEANOR ...................................................................................................... 78
ARTICLE 6. REVENUE .......................................................................................................................................... 78
4989.68. FEE SCHEDULE ................................................................................................................................................... 78§
§ 4989.70. REPORTING REVENUE TO CONTROLLER; DEPOSIT TO STATE TREASURY .............................................. 79
CHAPTER 13.7. BOARD OF BEHAVIORAL SCIENCES ..................................................................................... 80
ARTICLE 1. ADMINISTRATION ............................................................................................................................ 80
§ 4990. BOARD MEMBERS ................................................................................................................................................... 80
7
4990.02. DEFINITION OF “BOARD” .................................................................................................................................... 81§
4990.04. EXECUTIVE OFFICER ......................................................................................................................................... 81§
4990.06. EMPLOYEES ........................................................................................................................................................ 81§
4990.07. ELECTRONIC MAIL ADDRESS ........................................................................................................................... 81§
4990.08. RECORDS OF PROCEEDINGS, APPLICANTS AND LICENSEES ..................................................................... 82§
4990.09. INTERNET PUBLICATION OF FINAL DETERMINATION; TIME LIMIT ............................................................... 82§
§ 4990.10. RESEARCH, STUDIES AND RECOMMENDATIONS.......................................................................................... 82
§ 4990.12. ADMINISTRATION AND ENFORCEMENT OF CHAPTERS; POWERS AND DUTIES OF BOARD AND
EXECUTIVE OFFICER ........................................................................................................................................................... 82
4990.13. LICENSE AND REGISTRATION VERIFICATION ................................................................................................ 82§
4990.14. BOARD SEAL ....................................................................................................................................................... 82§
4990.16. PROTECTION OF THE PUBLIC........................................................................................................................... 82§
4990.18. LEGISLATIVE INTENT; BOARD RESOURCES ................................................................................................... 83§
4990.20. RULES AND REGULATIONS; ARTICLES OF INCORPORATION AND CORPORATE INSURANCE................ 83§
4990.22. BEHAVIORAL SCIENCES FUND; REVENUE; SURPLUSES .............................................................................. 83§
4990.24. REVIEW OF POWERS AND DUTIES OF BOARD ............................................................................................... 84§
§ 4990.26. BOARD NAME ...................................................................................................................................................... 84
ARTICLE 2. DISCIPLINARY ACTIONS ................................................................................................................. 84
§ 4990.28. GROUNDS FOR REFUSAL TO ISSUE LICENSE OR REGISTRATION; MENTAL ILLNESS OR CHEMICAL
DEPENDENCY ....................................................................................................................................................................... 84
4990.30. PETITION FOR REINSTATEMENT OR MODIFICATION OF PENALTY ............................................................. 84§
4990.31. PETITION REQUEST; DENIAL WITHOUT HEARING ......................................................................................... 86§
4990.32. ENFORCEMENT STATUTE OF LIMITATIONS ................................................................................................... 86§
4990.33. DISCIPLINARY ACTION: LICENSE STATUS CHANGE ...................................................................................... 87§
4990.34. PLACING LICENSE OR REGISTRATION ON PROBATION; MONITORING PROGRAM .................................. 87§
4990.36. TRAINING OR EXAMINATION AFTER PROBATION OR SUSPENSION ........................................................... 88§
4990.38. DISCIPLINARY ACTION; GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION ................................... 88§
4990.40. REVOCATION OF LICENSE OR REGISTRATION DUE TO SEXUAL CONTACT WITH A PATIENT ................. 88§
§ 4990.42. CONDUCT OF PROCEEDINGS ........................................................................................................................... 88
CHAPTER 14. SOCIAL WORKERS ...................................................................................................................... 89
ARTICLE 1. GENERAL PROVISIONS ................................................................................................................. 89
4991. CLINICAL SOCIAL WORKER PRACTICE ACT ........................................................................................................ 89§
4991.1. ENGAGING IN PRACTICE ..................................................................................................................................... 89§
§ 4991.2. DEFINITIONS ......................................................................................................................................................... 89
ARTICLE 2. APPLICATION OF CHAPTER .......................................................................................................... 89
§ 4992. LICENSE APPLICATION; FEES ................................................................................................................................ 89
§ 4992.1. ELIGIBILITY FOR EXAMINATION; EXAMINATION RECORD RETENTION; SEVEN YEAR LIMITATION ON
§ 4992.33. DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN SEXUAL CONTACT
§ 4992.35. GROUNDS FOR REFUSAL TO LICENSE OR REGISTER; MENTAL ILLNESS OR CHEMICAL
§ 4992.36. DISCIPLINARY ACTION; GROUNDS FOR APPLICATION DENIAL OR LICENSE OR REGISTRATION
§ 4992.7. FALSE STATEMENTS OR IMPERSONATION IN CONNECTION WITH APPLICATION OR EXAMINATION;
4992.05. REQUIRED EXAMINATIONS ................................................................................................................................. 90
§
4992.07. EXAMINATION RESTRUCTURE TRANSITION SCENARIOS ............................................................................... 90§
§ 4992.09. CALIFORNIA LAW AND ETHICS: EXAMINATION AND CONTINUING EDUCATION ............................................ 90
CLINICAL EXAMINATION ...................................................................................................................................................... 91
4992.2. ADVERTISING ........................................................................................................................................................ 91§
§ 4992.3. UNPROFESSIONAL CONDUCT ............................................................................................................................ 92
WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION .................................................................................. 94
DEPENDENCY ....................................................................................................................................................................... 94
SUSPENSION OR REVOCATION ......................................................................................................................................... 95
4992.4. CONDUCT OF PROCEEDINGS ............................................................................................................................. 95§
§ 4992.5. TIME AND PLACE OF EXAMINATIONS ................................................................................................................. 95
MISDEMEANOR .................................................................................................................................................................... 95
§ 4992.8. LICENSEE OR REGISTRANT NAME CHANGE .................................................................................................... 95
8
4992.10. FICTITIOUS BUSINESS NAMES ......................................................................................................................... 96§
§ 4993. CLIENT RECORDS: RETENTION ............................................................................................................................. 96
ARTICLE 4. LICENSURE ...................................................................................................................................... 96
4996. NECESSITY OF LICENSE; UNAUTHORIZED REPRESENTATION AS LICENSEE; MISDEMEANOR ................... 96
§ 4996.13. OTHER PROFESSIONAL GROUPS; WORK OF PSYCHOSOCIAL NATURE; IMPERMISSIBLE
§ 4996.14. EMPLOYEES OF CERTAIN ORGANIZATIONS; ACTIVITIES OF PSYCHOSOCIAL NATURE; REQUIRED
§ 4996.15. PERFORMANCE OF PSYCHOSOCIAL WORK BY PERSONS IN ACADEMIC INSTITUTIONS,
§ 4996.16.1. TEMPORARY PRACTICE ALLOWANCE: LICENSEES IN ANOTHER STATE OR UNITED STATES
§ 4996.23.3. SUPERVISEES: LOCATION OF SERVICES; MAXIMUM NUMBER OF REGISTRANTS; OVERSIGHT
§ 4996.26. ADDITIONAL CONTINUING EDUCATION REQUIREMENTS; AGING AND LONG-TERM CARE; ELDER
§ 4996.27. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK ASSESSMENT AND
§ 4996.27.1. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH SERVICES VIA
§
ISSUANCE OF LICENSE ........................................................................................................................................ 96§ 4996.1.
4996.2. QUALIFICATIONS OF LICENSEES ....................................................................................................................... 97§
4996.3. FEE SCHEDULE ..................................................................................................................................................... 97§
4996.4. FEE FOR REEXAMINATION .................................................................................................................................. 99§
4996.5. SCOPE, FORM AND CONTENT OF LICENSE ....................................................................................................... 99§
DURATION OF LICENSE; RENEWAL; EXPIRED LICENSE .................................................................................. 99§ 4996.6.
4996.61. SUSPENDED LICENSE; RENEWAL .................................................................................................................... 100§
§ 4996.62. REVOKED LICENSE; REINSTATEMENT ............................................................................................................ 100
4996.65. ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER EDUCATION FUND.................... 100§
4996.7. DISPLAY OF LICENSE ......................................................................................................................................... 100§
4996.75. REQUIRED NOTICE TO CLIENTS ....................................................................................................................... 100§
4996.8. DISPLAY OF CURRENT RENEWAL RECEIPT .................................................................................................... 101§
4996.9. CLINICAL SOCIAL WORK AND PSYCHOTHERAPY DEFINED .......................................................................... 101§
4996.10. APPLICATION OF ARTICLE ONLY TO CLINICAL SOCIAL WORKERS............................................................ 101§
4996.11. SUSPENSION OR REVOCATION OF LICENSE; GROUNDS; CONDUCT OF PROCEEDINGS...................... 101§
§ 4996.12. VIOLATIONS; PENALTIES ................................................................................................................................. 101
REPRESENTATIONS .......................................................................................................................................................... 102
NOTICE TO CLIENTS .......................................................................................................................................................... 102
4996.14.1. EXEMPT SETTINGS......................................................................................................................................... 103§
§ 4996.14.2. NONEXEMPT SETTINGS ................................................................................................................................. 103
GOVERNMENT AGENCIES OR NONPROFIT ORGANIZATIONS; SOCIAL WORK INTERN ............................................ 104
§ 4996.16. PERSONS FROM OUT-OF-STATE; CLINICAL SOCIAL WORK SERVICES IN THIS STATE........................... 104
JURISDICTION ..................................................................................................................................................................... 104
4996.17.1. OUT-OF-STATE APPLICANTS: LICENSURE BY CREDENTIAL ...................................................................... 105§
4996.17.2. OUT-OF-STATE APPLICANTS: LICENSURE BY EDUCATION AND EXPERIENCE ........................................ 106§
4996.18. ASSOCIATE CLINICAL SOCIAL WORKER; REGISTRATION; SUPERVISION ................................................ 108§
4996.19. LICENSED CLINICAL SOCIAL WORKERS' CORPORATION; APPLICATION OF ARTICLE............................ 110§
§ 4996.20. ASSOCIATE CLINICAL SOCIAL WORKER: ACCEPTABLE SUPERVISORS AND SUPERVISION DEFINITION 110
4996.21. AUDITS OF SUPERVISORS ................................................................................................................................ 111§
4996.22. CONTINUING EDUCATION ................................................................................................................................ 111§
4996.23. SUPERVISED POST-MASTER'S EXPERIENCE............................................................................................... 113§
§
4996.23.1 DIRECT SUPERVISOR CONTACT; INOPERATIVE JANUARY 1, 2026
......................................................... 114
4996.23.1 DIRECT SUPERVISOR CONTACT; OPERATIVE JANUARY 1, 2026 ............................................................. 115§
§ 4996.23.2. SUPERVISED EXPERIENCE: ACCEPTABLE SETTINGS; ACCEPTABLE SUPERVISION PRACTICES .... 116
AGREEMENT ....................................................................................................................................................................... 117
§ 4996.25. ADDITIONAL COURSEWORK ........................................................................................................................... 118
AND DEPENDENT ADULT ABUSE AND NEGLECT ........................................................................................................... 118
INTERVENTION ................................................................................................................................................................... 119
TELEHEALTH ...................................................................................................................................................................... 120
4996.28. ASSOCIATE CLINICAL SOCIAL WORKER; REGISTRATION EXPIRATION; RENEWAL................................ 120§
4997. INACTIVE LICENSE ................................................................................................................................................ 121§
§ 4997.1. ISSUANCE OF A RETIRED LICENSE – LICENSED CLINICAL SOCIAL WORKER ........................................... 121
ARTICLE 5. CLINICAL SOCIAL WORKERS CORPORATIONS ........................................................................ 122
§ 4998. DEFINITION; RIGHT TO PRACTICE CLINICAL SOCIAL WORK; BOARD AS GOVERNMENTAL AGENCY ........ 122
9
4998.1. UNPROFESSIONAL CONDUCT .......................................................................................................................... 122§
4998.2. NAME.................................................................................................................................................................... 123§
4998.3. DIRECTORS, SHAREHOLDERS AND OFFICERS; LICENSE ............................................................................. 123§
4998.4. INCOME ATTRIBUTABLE TO SHAREHOLDER WHO IS DISQUALIFIED PERSON .......................................... 123§
§ 4998.5. CORPORATE UNPROFESSIONAL CONDUCT................................................................................................... 123
CHAPTER 16 LICENSED PROFESSIONAL CLINICAL COUNSELORS........................................................... 124
ARTICLE 1. ADMINISTRATION .......................................................................................................................... 124
4999.10. LICENSED PROFESSIONAL CLINICAL COUNSELOR .................................................................................... 124§
4999.11. LEGISLATIVE INTENT ....................................................................................................................................... 124§
4999.12. DEFINITIONS ..................................................................................................................................................... 124§
4999.12.5. REGISTRANT TITLE NAME CHANGE ............................................................................................................ 126§
4999.13. ENGAGING IN PRACTICE ................................................................................................................................... 127§
§ 4999.14. DISSEMINATION OF INFORMATION; DUTIES OF THE BOARD ..................................................................... 127
ARTICLE 2. SCOPE OF PRACTICE ................................................................................................................... 127
§ 4999.20. SCOPE OF PRACTICE....................................................................................................................................... 127
§ 4999.22. CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN PROFESSIONALS AND
§ 4999.23. TEMPORARY PRACTICE ALLOWANCE: LICENSEES IN ANOTHER STATE OR UNITED STATES
EMPLOYEES; REQUIRED NOTICE TO CLIENTS .............................................................................................................. 128
JURISDICTION ..................................................................................................................................................................... 129
4999.25. EXEMPT SETTINGS............................................................................................................................................ 130§
SETTINGS.................................................................................................................................... 130§ 4999.26. NONEXEMPT
§ 4999.27. TRAINEE SERVICES ......................................................................................................................................... 131
ARTICLE 3. LICENSURE .................................................................................................................................... 131
§ 4999.30. NECESSITY OF LICENSE.................................................................................................................................. 131
§ 4999.32. QUALIFICATIONS FOR LICENSURE OR REGISTRATION; GRADUATE COURSEWORK BEGUN BEFORE
§ 4999.33. QUALIFICATIONS FOR LICENSURE OR REGISTRATION; GRADUATE COURSEWORK BEGINNING AFTER
§ 4999.40. DEGREE GRANTING PROGRAMS; NOTIFICATION OF QUALIFICATION TO STUDENTS; EQUIVALENT
§ 4999.46.4. SUPERVISEES: LOCATION OF SERVICES; MAXIMUM NUMBER OF REGISTRANTS; OVERSIGHT
§ 4999.51. CRIMINAL OFFENDER RECORD INFORMATION; REQUIREMENTS FOR LICENSURE AND
§ 4999.66. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK ASSESSMENT AND
§ 4999.67. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH SERVICES VIA TELEHEALTH154
AUGUST 1, 2012 AND COMPLETED BEFORE DECEMBER 31, 2018............................................................................... 131
AUGUST 1, 2012 OR COMPLETED AFTER DECEMBER 31, 2018 ...................................................................................... 134
§ 4999.36. TRAINEE ACTIVITIES AND SERVICES; APPLICANT AND SCHOOL RESPONSIBILITIES ............................ 138
EDUCATION AND TRAINING GAINED OUTSIDE THE UNITED STATES ......................................................................... 139
ASSOCIATE REGISTRATION; QUALIFICATION .............................................................................................. 139§ 4999.42.
§ 4999.46. SUPERVISED POST-MASTER’S EXPERIENCE ................................................................................................. 140
4999.46.1. RESPONSIBILITIES OF ASSOCIATES ............................................................................................................ 141§
4999.46.2. DIRECT SUPERVISOR CONTACT; INOPERATIVE JANUARY 1, 2026 ............................................................ 141§
4999.46.2. DIRECT SUPERVISOR CONTACT; OPERATIVE JANUARY 1, 2026 ............................................................... 142§
§ 4999.46.3. SUPERVISED EXPERIENCE: ACCEPTABLE SETTINGS; ACCEPTABLE SUPERVISION PRACTICES ......... 143
AGREEMENT ....................................................................................................................................................................... 145
SUPERVISORS............................................................................................................................. 145§ 4999.46.5. AUDITS OF
RULES AND REGULATIONS ............................................................................................................................. 146§ 4999.48.
§ 4999.50. ISSUANCE OF LICENSE; REQUIREMENTS ..................................................................................................... 146
REGISTRATION
................................................................................................................................................................... 146
EXAMINATION; BOARD DETERMINATION; EXAMINATION ADMISSION DENIAL........................................ 147§ 4999.52.
4999.53. REQUIRED EXAMINATIONS ............................................................................................................................... 148§
4999.55. CALIFORNIA LAW AND ETHICS: EXAMINATION AND CONTINUING EDUCATION .......................................... 148§
4999.60. OUT-OF-STATE APPLICANTS: LICENSURE BY CREDENTIAL ...................................................................... 149§
4999.61. OUT-OF-STATE APPLICANTS: LICENSURE BY EDUCATION AND EXPERIENCE ....................................... 150§
4999.62. LICENSURE BY EDUCATION AND EXPERIENCE: SUBSTANTIALLY EQUIVALENT EDUCATION .............. 150§
§ 4999.64. REEXAMINATION ............................................................................................................................................... 153
INTERVENTION.................................................................................................................................................................... 153
10
ARTICLE 4. PRACTICE REQUIREMENTS......................................................................................................... 154
DISPLAY OF LICENSE ....................................................................................................................................... 154§ 4999.70.
4999.71. REQUIRED NOTICE TO CLIENTS ....................................................................................................................... 155§
4999.72. FICTITIOUS BUSINESS NAME .......................................................................................................................... 155§
COUNSELING RELATIONSHIP AND PROCESS; DISCLOSURE REQUIREMENT ......................................... 155§ 4999.74.
4999.75. CLIENT RECORDS: RETENTION........................................................................................................................ 155§
§ 4999.76. CONTINUING EDUCATION ............................................................................................................................... 155
ARTICLE 5. ENFORCEMENT ............................................................................................................................. 156
4999.80. ENFORCEMENT OF LAWS; BOARD DUTIES ................................................................................................... 156§
4999.82. ENGAGING IN THE PRACTICE; UNLAWFUL ACTS; LICENSURE REQUIREMENT ....................................... 157§
4999.84. PRIVILEGED COMMUNICATION ...................................................................................................................... 157§
VIOLATIONS OF CHAPTER PROVISIONS; MISDEMEANOR .......................................................................... 157§ 4999.86.
4999.88. ISSUANCE OF AN INJUNCTION TO RESTRAIN CONDUCT ........................................................................... 157§
§ 4999.90. UNPROFESSIONAL CONDUCT .......................................................................................................................... 158
§ 4999.91. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION;
GROUNDS............................................................................................................................................................................ 160
ARTICLE 6. REVENUE ........................................................................................................................................ 161
§ 4999.100. EXPIRATION OF ASSOCIATE REGISTRATION; RENEWAL ............................................................................ 161
4999.102. EXPIRATION OF LICENSURE; RENEWAL OF UNEXPIRED LICENSE ......................................................... 161§
RENEWAL OF EXPIRED LICENSE; TIME LIMIT; REQUIREMENTS .............................................................. 162§ 4999.104.
4999.106. EXPIRED LICENSE; APPLICATION FOR NEW LICENSE .............................................................................. 162§
4999.108. SUSPENDED LICENSE; RENEWAL ................................................................................................................ 162§
REVOKED LICENSE; REINSTATEMENT ........................................................................................................ 162§ 4999.110.
4999.112. INACTIVE LICENSE STATUS .......................................................................................................................... 162§
4999.113. ISSUANCE OF A RETIRED LICENSE – LICENSED PROFESSIONAL CLINICAL COUNSELOR ...................... 163§
4999.114. REVENUE; BOARD REPORT TO CONTROLLER ........................................................................................... 164§
4999.116. BOARD OF BEHAVIORAL SCIENCES FUND; APPROPRIATIONS; SURPLUSES........................................ 164§
4999.118. LICENSEE OR REGISTRANT NAME CHANGE; BOARD NOTIFICATION ..................................................... 164§
4999.120. FEE SCHEDULE ............................................................................................................................................... 165§
§ 4999.121. ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER EDUCATION FUND .................. 166
ARTICLE 7. PROFESSIONAL CLINICAL COUNSELOR CORPORATIONS ..................................................... 166
4999.123. DEFINITIONS .................................................................................................................................................... 166§
4999.124. UNPROFESSIONAL CONDUCT ........................................................................................................................ 166§
4999.125. NAME ................................................................................................................................................................ 166§
4999.126. DIRECTORS, SHAREHOLDERS, AND OFFICERS; NECESSITY OF LICENSE ................................................ 166§
4999.127. INCOME FOR PROFESSIONAL SERVICES NOT TO ACCRUE TO DISQUALIFIED SHAREHOLDERS ...........
167§
4999.128. CORPORATE UNPROFESSIONAL CONDUCT ................................................................................................ 167§
§ 4999.129. RULES AND REGULATIONS ............................................................................................................................. 167
ARTICLE 1. GENERAL PROVISIONS ................................................................................................................ 168
§ 1800. DECLARATORY DECISIONS. .................................................................................................................................. 168
1802. DEFINITIONS. .......................................................................................................................................................... 168§
1803. DELEGATION OF CERTAIN FUNCTIONS. ............................................................................................................ 168§
§ 1804. FILING OF ADDRESSES. ........................................................................................................................................ 168
1805. APPLICATIONS. ....................................................................................................................................................... 169§
1805.01. DEFINITIONS. ..................................................................................................................................................... 169§
1805.05. REEXAMINATION. .............................................................................................................................................. 169§
1805.08. EXAMINATION RESCORING. ............................................................................................................................. 169§
1805.1. APPLICATION PROCESSING TIMES. ................................................................................................................ 170§
ADDITIONAL EXAMINATION TIME: ENGLISH AS A SECOND LANGUAGE. ........................................................ 170§ 1805.2.
1806. ABANDONMENT OF APPLICATION. ....................................................................................................................... 171§
1807. HUMAN SEXUALITY TRAINING. .............................................................................................................................. 171§
1807.2. CHILD ABUSE ASSESSMENT AND REPORTING TRAINING REQUIREMENTS. ................................................ 172§
§ 1807.3. ALCOHOLISM AND OTHER CHEMICAL SUBSTANCE DEPENDENCY TRAINING. ............................................. 172
11
1810.5. ACCEPTABLE TRAINING PROVIDERS. ............................................................................................................... 172§
1811. ADVERTISING. ........................................................................................................................................................ 173§
1812. SUBSTANTIAL RELATIONSHIP CRITERIA.............................................................................................................. 174§
1813. CRITERIA FOR REHABILITATION - DENIAL OF LICENSURE ................................................................................. 175§
1814. CRITERIA FOR REHABILITIATION - SUSPENSIONS OR REVOCATIONS ............................................................. 176§
1815. FINGERPRINT SUBMISSION. ................................................................................................................................ 177§
1815.5. STANDARDS OF PRACTICE FOR TELEHEALTH. ................................................................................................ 178§
1815.8. DOCUMENTATION OF SUPERVISED EXPERIENCE: DECEASED OR INCAPACITATED SUPERVISOR. ......... 179§
1816. RENEWAL FEES. ..................................................................................................................................................... 180§
1816.1. INITIAL LICENSE AND REGISTRATION FEES. .................................................................................................... 180§
1816.2. EXAMINATION FEES. ........................................................................................................................................... 181§
§ 1816.4. FEES FOR APPLICATION FOR LICENSURE. ....................................................................................................... 181
ARTICLE 3. LICENSED PROFESSIONAL CLINICAL COUNSELORS.............................................................. 182
1820. SUPERVISED EXPERIENCE: REQUIRED DOCUMENTATION. .............................................................................. 182§
1820.3. PLACEMENT BY TEMPORARY STAFFING AGENCIES. ...................................................................................... 184§
1821. REQUIREMENTS FOR SUPERVISORS. ................................................................................................................. 185§
1821.1. SUBSTITUTE SUPERVISORS. ............................................................................................................................. 187§
SUPERVISION OF EXPERIENCE GAINED OUTSIDE OF CALIFORNIA. .............................................................. 187§ 1821.2.
1821.3. SUPERVISOR TRAINING AND COURSEWORK................................................................................................... 188§
1822.50. EXAMINATIONS. ................................................................................................................................................. 190§
1822.51. ELIGIBILITY FOR LAW AND ETHICS EXAMINATION. ........................................................................................ 190§
1822.52. TIME FRAMES - LAW & ETHICS EXAMINATION. ............................................................................................... 190§
§ 1823. UNPROFESSIONAL CONDUCT. ............................................................................................................................. 191
ARTICLE 4. LICENSED MARRIAGE AND FAMILY THERAPISTS ................................................................... 193
1829.1. REQUIRED EXAMINATIONS. ................................................................................................................................ 193§
1829.2. ELIGIBILITY FOR LAW AND ETHICS EXAMINATION. .......................................................................................... 193§
1829.3. TIME FRAMES - LAW & ETHICS EXAMINATION. ................................................................................................. 193§
1833. SUPERVISED EXPERIENCE: REQUIRED DOCUMENTATION. .............................................................................. 194§
1833.05. PLACEMENT BY TEMPORARY STAFFING AGENCIES. .................................................................................... 197§
1833.1. REQUIREMENTS FOR SUPERVISORS. ............................................................................................................... 197 §
1833.1.5. SUBSTITUTE SUPERVISORS. .......................................................................................................................... 199§
SUPERVISION OF EXPERIENCE GAINED OUTSIDE OF CALIFORNIA. .............................................................. 200§ 1833.2.
1834. SUPERVISOR TRAINING AND COURSEWORK...................................................................................................... 200§
1845. UNPROFESSIONAL CONDUCT. ............................................................................................................................. 202
§
§ 1846. ASSOCIATE MARRIAGE AND FAMILY THERAPISTS. ............................................................................................ 204
ARTICLE 4.5. PROFESSIONAL CORPORATIONS ........................................................................................... 205
1850.6. NAME OF CORPORATION.................................................................................................................................... 205§
§ 1850.7. SHARES: OWNERSHIP AND TRANSFER............................................................................................................. 205
ARTICLE 5. LICENSED EDUCATIONAL PSYCHOLOGISTS ............................................................................ 206
§ 1854. APPROVED EDUCATIONAL INSTITUTIONS. .......................................................................................................... 206
§ 1856. EXPERIENCE EQUIVALENT TO THREE (3) YEARS FULL-TIME EXPERIENCE AS CREDENTIALED SCHOOL
PSYCHOLOGIST.................................................................................................................................................................. 206
§ 1858. UNPROFESSIONAL CONDUCT. ............................................................................................................................. 206
ARTICLE 6. LICENSED CLINICAL SOCIAL WORKERS ................................................................................... 208
1869. SUPERVISED EXPERIENCE: REQUIRED DOCUMENTATION. .............................................................................. 208§
1869.3. PLACEMENT BY TEMPORARY STAFFING AGENCIES. ...................................................................................... 210§
1870. REQUIREMENTS FOR SUPERVISORS. ................................................................................................................. 211§
1870.3. SUBSTITUTE SUPERVISORS. ............................................................................................................................. 213§
SUPERVISION OF EXPERIENCE GAINED OUTSIDE OF CALIFORNIA. .............................................................. 213§ 1870.5.
1871. SUPERVISOR TRAINING AND COURSEWORK...................................................................................................... 214§
1877.1. REQUIRED EXAMINATIONS. ................................................................................................................................ 216§
1877.2. ELIGIBILITY FOR LAW AND ETHICS EXAMINATION. .......................................................................................... 216§
§ 1877.3. TIME FRAMES - LAW & ETHICS EXAMINATION. ................................................................................................. 216
12
§ 1880. UNLICENSED ASSISTANTS.................................................................................................................................... 217
§ 1881. UNPROFESSIONAL CONDUCT. ............................................................................................................................. 217
ARTICLE 7. CITATIONS AND FINES ................................................................................................................. 219
1886. AUTHORITY TO ISSUE CITATIONS AND FINES. .................................................................................................... 219§
1886.10. CITATIONS FOR UNLICENSED PRACTICE. ...................................................................................................... 220§
1886.20. CITATION FORMAT. ............................................................................................................................................ 220§
1886.30. CITATION FACTORS. .......................................................................................................................................... 220§
1886.40. AMOUNT OF FINES. ............................................................................................................................................ 221§
1886.50. EXCEPTIONS. ..................................................................................................................................................... 221§
§ 1886.60. COMPLIANCE WITH CITATION/ORDER OF ABATEMENT. ............................................................................... 222
CITATIONS AND REQUEST FOR A HEARING OR INFORMAL CITATION CONFERENCE. ........ 222§ 1886.70. CONTESTED
§ 1886.80. DISCONNECTION OF TELEPHONE SERVICE................................................................................................... 223
ARTICLE 8. CONTINUING EDUCATION REQUIREMENTS FOR MARRIAGE AND FAMILY THERAPISTS,
LICENSED CLINICAL SOCIAL WORKERS, LICENSED EDUCATIONAL PSYCHOLOGISTS, AND
LICENSED PROFESSIONAL CLINICAL COUNSELORS .................................................................................. 223
1887. DEFINITIONS. .......................................................................................................................................................... 223§
1887.1. CONTINUING EDUCATION REQUIREMENTS AND LICENSE RENEWAL........................................................... 224§
TEMPORARY WAIVERS OF AND EXEMPTIONS FROM CONTINUING EDUCATION REQUIREMENTS. ........... 224§ 1887.2.
1887.3. CONTINUING EDUCATION COURSE REQUIREMENTS AND CREDIT FOR SPECIFIED ACTIVITIES. ............... 225§
CONTINUING EDUCATION COURSE CONTENT. ............................................................................................. 227§ 1887.4.0.
1887.4.1. BOARD-RECOGNIZED APPROVAL AGENCIES. ............................................................................................... 227§
APPROVAL AGENCY RESPONSIBILITIES. ....................................................................................................... 228§ 1887.4.2.
1887.4.3. ACCEPTABLE CONTINUING EDUCATION PROVIDERS AND RESPONSIBILITIES. ........................................ 229§
1887.5. HOURS OF CONTINUING EDUCATION CREDIT. ................................................................................................. 230§
1887.11.0. RECORDS OF COURSE COMPLETION. ......................................................................................................... 230§
§ 1887.12. LICENSEE AND PROVIDER COURSE RECORDS. ............................................................................................ 230
ARTICLE 9. DISCIPLINARY GUIDELINES ......................................................................................................... 232
§ 1888. UNIFORM STANDARDS RELATED TO SUBSTANCE ABUSE AND DISCIPLINARY GUIDELINES ......................... 232
§ 1888.1. REQUIRED ACTIONS AGAINST REGISTERED SEX OFFENDERS ..................................................................... 232
MISCELLANEOUS CALIFORNIA CODE SECTIONS ......................................................................................... 234
BUSINESS AND PROFESSIONS CODE ............................................................................................................ 234
25. TRAINING IN HUMAN SEXUALITY ............................................................................................................................. 234
§ 28. TRAINING FOR CHILD, ELDER AND DEPENDENT ADULT ABUSE ASSESSMENT AND REPORTING;
§ 29. CHEMICAL DEPENDENCY AND EARLY INTERVENTION TRAINING; CONTINUING EDUCATION
§ 32. LEGISLATIVE FINDINGS; AIDS TRAINING IN CONTINUING EDUCATION REQUIREMENTS FOR SPECIFIED
§ 115.10. RELOCATION DUE TO MILITARY ORDERS: MILITARY MEMBERS AND SPOUSES: REGISTRATION TO
§
27. PUBLIC INFORMATION............................................................................................................................................... 234§
§ 27.5. CONFIDENTIALITY OF FORMER NAME; ALLOWABLE CIRCUMSTANCES .......................................................... 236
LICENSING PREREQUISITES ............................................................................................................................................. 237
REQUIREMENTS ................................................................................................................................................................. 239
LICENSES ............................................................................................................................................................................ 239
114. REINSTATEMENT OF EXPIRED LICENSE: ACTIVE DUTY MILITARY ....................................................................
240§
114.3. WAIVER OF RENEWAL REQUIREMENTS: ACTIVE DUTY MILITARY.................................................................. 240§
§ 114.5. MILITARY SERVICE; INQUIRY ON APPLICATIONS.............................................................................................. 241
PRACTICE ............................................................................................................................................................................ 241
115.4. EXPEDITED LICENSURE: SERVICE IN THE MILITARY........................................................................................ 243§
115.5. EXPEDITED LICENSURE AND FEE WAIVER: SPOUSES OF ACTIVE MILITARY MEMBERS ............................. 243§
115.6. TEMPORARY LICENSE: SPOUSES OF ACTIVE MILITARY MEMBERS............................................................... 244§
118. APPLICATION WITHDRAWAL OR LICENSE STATUS CHANGE: DENIAL OR DISCIPLINARY ACTION .............. 246§
125.3. INVESTIGATIVE AND ENFORCEMENT COSTS; PAYMENT BY LICENSEE ....................................................... 246§
§ 125.6. REFUSAL TO PERFORM LICENSED ACTIVITIES; DISCRIMINATION OR RESTRICTION IN PERFORMANCE . 247
§ 125.9. ISSUANCE OF CITATIONS; FINES AND ORDERS OF ABATEMENT .................................................................. 248
13
§
129. HANDLING OF COMPLAINTS; CHILD CUSTODY EVALUATIONS ......................................................................... 249
EXPEDITED LICENSURE: ASYLUM OR SPECIAL IMMIGRANT VISA .................................................................. 250
§ 337. INFORMATIONAL BROCHURE FOR VICTIMS OF PSYCHOTHERAPIST - CLIENT SEXUAL BEHAVIOR AND
§ 464. ESTABLISHMENT OF A RETIRED LICENSE; INVESTIGATION OF PERSONS WITH LICENSES THAT ARE
§ 651. PUBLIC COMMUNICATION CONTAINING FALSE, FRAUDULENT, MISLEADING, OR DECEPTIVE
§ 728. PRIOR SEXUAL BEHAVIOR OR SEXUAL CONTACT BETWEEN PSYCHOTHERAPIST AND CLIENT;
PSYCHOTHERAPIST OR EMPLOYER PROVIDING AND DISCUSSING BROCHURE; FAILURE TO COMPLY WITH
§ 729. SEXUAL EXPLOITATION BY PHYSICIANS, SURGEONS, PSYCHOTHERAPISTS, OR ALCOHOL AND DRUG
§ 2290.5. TELEHEALTH; CONSENT REQUIREMENTS; EFFECT OF NONCOMPLIANCE ON HEALTH
§135.4
143.5. CIVIL DISPUTE SETTLEMENTS; PROHIBITED PROVISIONS ............................................................................ 250§
144.5. BOARD RECIEPT OF CERTIFIED RECORDS FOR INVESTIGATION .................................................................. 251§
315.2. CEASE PRACTICE ORDERS; POSITIVE TEST FOR PROHIBITED SUBSTANCE ............................................. 251§
§ 315.4. CEASE PRACTICE ORDERS; BOARD AUTHORITY ............................................................................................ 251
SEXUAL CONTACT; CONTENTS ....................................................................................................................................... 251
INACTIVE OR RESTRICTED ............................................................................................................................................... 252
480. GROUNDS FOR DENIAL OF LICENSURE ............................................................................................................... 253§
480.5. APPLICATION FOR LICENSURE: INCARCERATION .......................................................................................... 256§
485. PROCEDURE BY BOARD UPON DENIAL OF APPLICATION FOR LICENSE ........................................................ 256§
§ 490. BOARD DISCIPLINARY ACTION; GROUNDS FOR LICENSE SUSPENSION OR REVOCATION ......................... 256
STATEMENT, CLAIM, OR IMAGE; ADVERTISEMENTS; PENALTY .................................................................................. 257
683. REPORTING NAME AND LICENSE NUMBER OF LICENSEE PROHIBITED FROM PRACTICING ....................... 261§
719. TRIBAL HEALTH PROGRAMS: OUT-OF-STATE LICENSEES ............................................................................... 262§
726. SEXUAL ABUSE, MISCONDUCT, OR RELATIONS WITH A PATIENT ................................................................... 262§
§ 727. EVIDENCE................................................................................................................................................................. 262
SECTION; DEFINITIONS ..................................................................................................................................................... 262
ABUSE COUNSELORS ....................................................................................................................................................... 264
820. EXAMINATION; REPORT ......................................................................................................................................... 265§
865. DEFINITION OF SEXUAL ORIENTATION CHANGE EFFORTS .............................................................................. 265§
865.1. SEXUAL ORIENTATION CHANGE EFFORTS: PROHIBITIONS .......................................................................... 266§
§ 865.2. SEXUAL ORIENTATION CHANGE EFFORTS: DISCIPLINARY ACTION ............................................................. 266
PRACTITIONER ................................................................................................................................................................... 266
CALIFORNIA CORPORATIONS CODE .............................................................................................................. 268
CALIFORNIA PENAL CODE ............................................................................................................................... 269
§ 11166. CHILD ABUSE AND NEGLECT REPORTING; DUTY; TIME ................................................................................ 269
CALIFORNIA HEALTH AND SAFETY CODE..................................................................................................... 274
§ 122318. EMOTIONAL SUPPORT DOGS: REQUIREMENTS FOR HEALTH CARE PRACTITIONERS .......................... 274
122319. EMOTIONAL SUPPORT DOGS: CIVIL PENALTIES .......................................................................................... 275
§ 123110. INSPECTION AND COPYING; VERIFICATION OF IDENTITY; RETENTION AND QUALITY OF RECORDS;
§
§ 122319.5. EMOTIONAL SUPPORT DOG: EMOTIONAL SUPPORT ANIMAL; DEFINITIONS ......................................... 275
LIABILITY FOR DISCLOSURE; VIOLATIONS; PENALTIES ............................................................................................... 275
§ 124260. MENTAL HEALTH SERVICES FOR MINORS .................................................................................................... 278
CALIFORNIA WELFARE AND INSTITUTIONS CODE....................................................................................... 280
14029.8. MENTAL HEALTH SERVICES FOR MINORS; MEDI-CAL ................................................................................ 280§
§ 15630. ELDER AND DEPENDENT ADULT ABUSE REPORTING
................................................................................... 280
CALIFORNIA FAMILY CODE .............................................................................................................................. 286
6924. MENTAL HEALTH TREATMENT OF MINORS; INOPERATIVE JULY 1, 2024 ....................................................... 286§
6924. MENTAL HEALTH TREATMENT OF MINORS; OPERATIVE JULY 1, 2024 .......................................................... 287§
INDEX ................................................................................................................................................................................... 289
14
BUSINESS AND PROFESSIONS CODE OF CALIFORNIA
CHAPTER 13. LICENSED MARRIAGE AND FAMILY THERAPISTS
Note to the reader: This Chapter contains the Licensed Marriage and Family Therapist Practice Act.
It should be reviewed in conjunction with the regulation section of this book. However, the materials
shown here do not encompass all laws applicable to the profession. You can utilize the following
links as a resource for searching all statutes and regulations related to the profession.
California Statutes
California Code of Regulations
ARTICLE 1. REGULATION
§ 4980. NECESSITY OF LICENSE
(a) (1) Many California families and many individual Californians are experiencing difficulty and
distress and are in need of wise, competent, caring, compassionate, and effective counseling
in order to enable them to improve and maintain healthy family relationships.
(2) Healthy individuals and healthy families and healthy relationships are inherently beneficial and
crucial to a healthy society and are our most precious and valuable natural resource. Licensed
marriage and family therapists provide a crucial support for the well-being of the people and
the State of California.
(b) A person shall not engage in the practice of marriage and family therapy, as defined by Section
4980.02, unless the person holds a valid license as a marriage and family therapist pursuant to
this chapter.
(c) Except as provided in subdivision (d), a person shall not do either of the following without a license
obtained pursuant to this chapter.
(1) Advertise that the person performs the services of a marriage, family, child, domestic, or
marital consultant.
(2) Use the titles listed in paragraph (1) or any similar titles, including the letters “L.M.F.T.,”
“M.F.T.,” or “M.F.C.C.,” or another name, word, initial, or symbol in connection with or following
the person’s name to imply that the person performs the services suggested by those titles.
(d) (1) A person licensed under Article 4 (commencing with Section 4996) of Chapter 14 or under
Chapter 6.6 (commencing with Section 2900) may engage in the practice of marriage and
family therapy and advertise that the person practices marriage and family therapy.
(2) A person described in paragraph (1) shall not advertise that the person holds the marriage and
family therapist’s license, including by using the letters “L.M.F.T.,” “M.F.T.,” or “M.F.C.C.,” or
another name, word, initial, or symbol in connection with or following the person’s name to
imply licensure as a marriage and family therapist, unless the person is licensed pursuant to
this chapter.
15
§ 4980.01. CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN
PROFESSIONALS AND EMPLOYEES; REQUIRED NOTICE TO CLIENTS
(a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the
Social Work Licensing Law, the Nursing Practice Act, the Licensed Professional Clinical
Counselor Act, or the Psychology Licensing Law.
(b) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious
denomination when performing counseling services as part of their pastoral or professional duties,
or to any person who is admitted to practice law in the state, or a physician and surgeon who
provides counseling services as part of their professional practice.
(c) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a
governmental entity, a school, a college, a university, or an institution that is both nonprofit and
charitable if both of the following apply:
(1) The work of the employee or volunteer is performed under the oversight and direction of the
entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating
psychotherapy services or as soon as practicably possible thereafter, a notice written in at
least 12-point type that is in substantially the following form:
NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints
regarding the practice of psychotherapy by any unlicensed or unregistered practitioner
providing services at (Name of agency). To file a complaint, contact (Telephone number,
email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services
provided by individuals licensed and registered by the board. If you have a complaint and
are unsure if your practitioner is licensed or registered, please contact the Board of
Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license
verification feature by visiting www.bbs.ca.gov.
(B) The delivery of the notice described in subparagraph (A) to the client shall be
documented.
(d) A marriage and family therapist licensed under this chapter is a licentiate for purposes of
paragraph (2) of subdivision (a) of Section 805, and thus is a health care provider subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that section.
(e) Notwithstanding subdivisions (b) and (c), all persons registered as associates or licensed under
this chapter shall not be exempt from this chapter or the jurisdiction of the board.
16
§ 4980.02. PRACTICE OF MARRIAGE AND FAMILY THERAPY; APPLICATION OF PRINCIPLES
AND METHODS
(a) For the purposes of this chapter, the practice of marriage and family therapy shall mean the
application of psychotherapeutic and family systems theories, principles, and methods in the
delivery of services to individuals, couples, or groups in order to assess, evaluate, and treat
relational issues, emotional disorders, behavioral problems, mental illness, alcohol and substance
use, and to modify intrapersonal and interpersonal behaviors.
(b) The application of marriage and family therapy principles and methods includes, but is not limited
to, all of the following:
(1) Assessment, evaluation, and prognosis.
(2) Treatment, planning, and evaluation.
(3) Individual, relationship, family, or group therapeutic interventions.
(4) Relational therapy.
(5) Psychotherapy.
(6) Client education.
(7) Clinical case management.
(8) Consultation.
(9) Supervision.
(10) Use, application, and integration of the coursework and training required by Sections
4980.36, 4980.37, and 4980.41, as applicable.
(c) The amendments to this section made by the act adding this subdivision do not constitute a
change in, but are declaratory of, existing law. It is the intent of the Legislature that these
amendments shall not be construed to expand or constrict the existing scope of practice of a
person licensed pursuant to this chapter.
§ 4980.03. DEFINITIONS
(a) “Board,” as used in this chapter, means the Board of Behavioral Sciences.
(b) “Associate,” as used in this chapter, means an unlicensed person who has earned a master’s or
doctoral degree qualifying the person for licensure and is registered with the board as an
associate.
(c) “Trainee,” as used in this chapter, means an unlicensed person who is currently enrolled in a
master’s or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is
designed to qualify the person for licensure under this chapter, and who has completed no less
than 12 semester units or 18 quarter units of coursework in any qualifying degree program.
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(d) “Applicant for licensure,” as used in this chapter, means an unlicensed person who has completed
the required education and required hours of supervised experience for licensure.
(e) “Advertise,” as used in this chapter, includes, but is not limited to, any public communication, as
defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person,
or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or
in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings or notices in church bulletins
mailed to a congregation are not advertising within the meaning of this chapter.
(f) “Experience,” as used in this chapter, means experience in interpersonal relationships,
psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice
that satisfies the requirements for licensure as a marriage and family therapist.
(g) “Supervisor,” as used in this chapter, means an individual who meets all of the following
requirements:
(1) Has held an active license for at least two years within the five-year period immediately
preceding any supervision as any of the following:
(A) A licensed professional clinical counselor, licensed marriage and family therapist,
psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed
clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A
licensed educational psychologist may only supervise the provision of educationally related
mental health services that are consistent with the scope of practice of an educational
psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry
and Neurology or an out-of-state licensed physician and surgeon who is certified in
psychiatry by the American Board of Psychiatry and Neurology.
(2) For at least two years within the five-year period immediately preceding any supervision, has
practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of
subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy
performed by marriage and family therapist trainees, associate marriage and family therapists,
associate professional clinical counselors, or associate clinical social workers. Supervision of
psychotherapy performed by a social work intern or a professional clinical counselor trainee
shall be accepted if the supervision provided is substantially equivalent to the supervision
required for registrants.
(3) Has received training in supervision as specified in this chapter and by regulation.
(4) Has not provided therapeutic services to the supervisee.
(5) Has and maintains a current and active license that is not under suspension or probation as
one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or
licensed educational psychologist, issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry
and Neurology.
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(6) Is not a spouse, domestic partner, or relative of the supervisee.
(7) Does not currently have or previously had a personal, professional, or business relationship
with the supervisee that undermines the authority or effectiveness of the supervision.
(h) “Client centered advocacy,” as used in this chapter, includes, but is not limited to, researching,
identifying, and accessing resources, or other activities, related to obtaining or providing services
and supports for clients or groups of clients receiving psychotherapy or counseling services.
(i) “Accredited,” as used in this chapter, means a school, college, or university accredited by either
the Commission on Accreditation for Marriage and Family Therapy Education or a regional or
national institutional accrediting agency that is recognized by the United States Department of
Education.
(j) “Approved,” as used in this chapter, means a school, college, or university that possessed
unconditional approval by the Bureau for Private Postsecondary Education at the time of the
applicant’s graduation from the school, college, or university.
§ 4980.04. LICENSED MARRIAGE AND FAMILY THERAPIST ACT
This chapter shall be known and may be cited as the Licensed Marriage and Family Therapist Act.
§ 4980.05. EXEMPT SETTINGS
The settings described in Section 4980.01 are exempt settings and do not fall under the jurisdiction of
this chapter or the board except as specified in Section 4980.01, and with the following exceptions:
(a) Any individual working or volunteering in an exempt setting who is licensed or registered under
this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care
services shall not be considered an exempt setting unless it directly meets the criteria described in
Section 4980.01.
§ 4980.06. NONEXEMPT SETTINGS
(a) For the purposes of this chapter, the following definitions apply:
(1) “Nonexempt setting” means any type of setting that does not qualify as an exempt setting, as
specified in Section 4980.01.
(2) “Private practice” means a type of nonexempt setting that meets all of the following:
(A) The practice is owned by a health professional who is licensed under this division either
independently or jointly with one or more other health professionals who are licensed
under this division.
(B) The practice provides clinical mental health services, including psychotherapy, to clients.
(C) One or more licensed health professionals are responsible for the practice and for the
services provided and set conditions of client payment or reimbursement for the provision
of services.
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(3) “Professional corporation” means a type of nonexempt setting and private practice that has
been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code.
(b) An active license or registration number shall be required to engage in the practice of marriage
and family therapy, as defined in Section 4980.02, in nonexempt settings at all times with the
following exceptions:
(1) A trainee may engage in the practice of marriage and family therapy in a nonexempt setting
that is not a private practice or a professional corporation while they are gaining supervised
experience that meets the requirements of this chapter under the jurisdiction and supervision
of their school as specified in Section 4980.42.
(2) An applicant for registration as an associate may engage in the practice of marriage and
family therapy in a nonexempt setting that is not a private practice or a professional
corporation before the registration number is issued if they are in compliance with subdivision
(b) of Section 4980.43 and are gaining supervised experience that meets the requirements of
this chapter.
§ 4980.08. LICENSE TITLE NAME CHANGE
(a) The title “licensed marriage, family and child counselor” or “marriage, family and child counselor” is
hereby renamed “licensed marriage and family therapist” or “marriage and family therapist,”
respectively. Any reference in any statute or regulation to a “licensed marriage, family and child
counselor” or “marriage, family and child counselor” shall be deemed a reference to a “licensed
marriage and family therapist” or “marriage and family therapist”.
(b) Nothing in this section shall be construed to expand or constrict the scope of practice of a person
licensed pursuant to this chapter.
(c) This section shall become operative July 1, 1999.
§ 4980.09. REGISTRANT TITLE NAME CHANGE
(a) (1) The title “marriage and family therapist intern” or “marriage and family therapist registered
intern” is hereby renamed “associate marriage and family therapist” or “registered associate
marriage and family therapist,” respectively. Any reference in statute or regulation to a
“marriage and family therapist intern” or “marriage and family therapist registered intern” shall
be deemed a reference to an “associate marriage and family therapist” or “registered associate
marriage and family therapist.”
(2) Any reference in this chapter to the term “intern” means “associate.” Any reference in statute or
regulation to the abbreviation “MFTI” means an “AMFT.”
(b) This section shall not be construed to expand or constrict the scope of practice of a person
licensed or registered pursuant to this chapter.
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§ 4980.10. ENGAGING IN PRACTICE
A person engages in the practice of marriage and family therapy when he or she performs or offers to
perform or holds himself or herself out as able to perform this service for remuneration in any form,
including donations.
§ 4980.11. TEMPORARY PRACTICE ALLOWANCE: LICENSEES IN ANOTHER STATE OR
UNITED STATES JURISDICTION
(a) Notwithstanding Section 4980, a person who holds a license in another jurisdiction of the United
States as a marriage and family therapist may provide marriage and family therapy services in this
state for a period not to exceed 30 consecutive days in any calendar year, if all of the following
conditions are met:
(1) The license from another jurisdiction is at the highest level for independent clinical practice in
the jurisdiction in which the license was granted.
(2) The license from another jurisdiction is current, active, and unrestricted.
(3) The client is located in California during the time the person seeks to provide care in California.
(4) The client is a current client of the person and has an established, ongoing client-provider
relationship with the person at the time the client became located in California.
(5) The person informs the client of the limited timeframe of the services and that the person is not
licensed in California.
(6) The person provides the client with the Board of Behavioral Sciences’ internet website
address.
(7) The person informs the client of the jurisdiction in which the person is licensed and the type of
license held and provides the client with the person’s license number.
(b) A person who intends to provide marriage and family therapy services pursuant to this section
shall provide the board with all of the following information before providing services:
(1) The name under which the person is licensed in another jurisdiction, the person’s mailing
address, the person’s phone number, the person’s social security number or individual
taxpayer identification number, and the person’s electronic mailing address, if the person has
an electronic mailing address.
(2) The jurisdiction in which the person is licensed, the type of license held, and the license
number.
(3) The date on which the person will begin providing marriage and family therapy services to the
person’s client in California.
(c) A person who provides services pursuant to this section is deemed to have agreed to practicing
under the jurisdiction of the board and to be bound by the laws of this state.
(d) This section does not apply to any person licensed by the board whose license has been
suspended or revoked.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
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§ 4980.30. NECESSITY OF LICENSE
Except as otherwise provided by this chapter, a person shall not practice, or advertise the
performance of, marriage and family therapy services unless the person has applied to the board for
a license, paid the license fee required by this chapter, and obtained a license from the board.
§ 4980.31. DISPLAY OF LICENSE
A licensee shall display his or her license in a conspicuous place in the licensee’s primary place of
practice.
§ 4980.32. REQUIRED NOTICE TO CLIENTS
(a) On and after July 1, 2020, a licensee or registrant shall provide a client with a notice written in at
least 12-point type prior to initiating psychotherapy services, or as soon as practicably possible
thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services
provided within the scope of practice of marriage and family therapists. You may contact the board
online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b) Delivery of the notice required by this section to the client shall be documented.
§ 4980.34. LEGISLATIVE INTENT
It is the intent of the Legislature that the board employ its resources for each and all of the following
functions:
(a) The licensing of marriage and family therapists, clinical social workers, professional clinical
counselors, and educational psychologists.
(b) The development and administration of licensing examinations and examination procedures, as
specified, consistent with prevailing standards for the validation and use of licensing and
certification tests. Examinations shall measure knowledge and abilities demonstrably important to
the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional
practitioners.
(d) Consumer education.
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§ 4980.35. OBLIGATION TO PROVIDE COMPLETE AND ACCURATE APPLICATION; DUTIES OF
BOARD
(a) The Legislature acknowledges that the basic obligation to provide a complete and accurate
application for a marriage and family therapist license lies with the applicant. At the same time, the
Legislature recognizes that an effort should be made by the board to ensure that persons who
enter degree programs and supervisorial training settings that meet the requirements of this
chapter are enabled to discern the requirements for licensing and to take the examination when
they have completed their educational and experience requirements.
(b) In order that the board, the educational institutions, and the supervisors who monitor the
education and experience of applicants may develop greater cooperation, the board shall do all of
the following:
(1) Apply a portion of its limited resources specifically to the task of communicating information about
its activities, the requirements and qualifications for licensure, and the practice of marriage and
family therapy to the relevant educational institutions, supervisors, professional associations,
applicants, trainees, associates, and the consuming public.
(2) Develop policies and procedures to assist educational institutions in meeting the curricula
requirements of Sections 4980.36 and 4980.37 and any regulations adopted pursuant to those
sections, so that those educational institutions may better provide assurance to their students
that the curriculum offered to fulfill the educational requirements for licensure will meet those
requirements at the time of the student’s application for licensure.
(3) Notify applicants in the application procedure when applications are incomplete, inaccurate, or
deficient, and inform applicants of any remediation, reconsideration, or appeal procedures that
may be applicable.
(4) Undertake, or cause to be undertaken, further comprehensive review, in consultation with
educational institutions, professional associations, supervisors, associates, and trainees, of the
supervision of associates and trainees, which shall include, but not be limited to, the following,
and shall propose regulations regarding the supervision of associates and trainees that may
include, but not be limited to, the following:
(A) Supervisor qualifications.
(B) Continuing education requirements of supervisors.
(C) Registration or licensing of supervisors, or both.
(D) Responsibilities of supervisors in general.
(E) The board’s authority in cases of noncompliance or negligence by supervisors.
(F) The associate’s and trainee’s need for guidance in selecting well-balanced and high-quality
professional training opportunities within his or her community.
(G) The role of the supervisor in advising and encouraging his or her associate or trainee regarding
the necessity or value and appropriateness of the associate or trainee engaging in personal
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psychotherapy, so as to enable the associate or trainee to become a more competent marriage
and family therapist.
§ 4980.36. QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION;
BEGINNING GRADUATE STUDY AFTER AUGUST 1, 2012 OR COMPLETING GRADUATE
STUDY AFTER DECEMBER 31, 2018
(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 a license or registration, applicants shall possess a doctoral or master’s degree
meeting the requirements of this section in marriage, family, and child counseling, marriage and
family therapy, couple and family therapy, psychology, clinical psychology, counseling psychology,
or either counseling or clinical mental health counseling with an emphasis in either marriage,
family, and child counseling or marriage and family therapy. The degree shall be obtained from a
school, college, or university approved by the Bureau for Private Postsecondary Education, or
accredited by either the Commission on Accreditation for Marriage and Family Therapy Education,
or a regional or national institutional accrediting agency that is recognized by the United States
Department of Education. The board has the authority to make the final determination as to
whether a degree meets all requirements, including, but not limited to, course requirements,
regardless of accreditation or approval.
(c) A doctoral or master’s degree program that qualifies for licensure or registration shall be a single,
integrated program that does the following:
(1) Integrate all of the following throughout its curriculum:
(A) Marriage and family therapy principles.
(B) The principles of mental health recovery-oriented care and methods of service delivery in
recovery-oriented practice environments, among others.
(C) An understanding of various cultures and the social and psychological implications of
socioeconomic position, and an understanding of how poverty and social stress impact an
individual’s mental health and recovery.
(2) Allow for innovation and individuality in the education of marriage and family therapists.
(3) Encourage students to develop the personal qualities that are intimately related to effective
practice, including, but not limited to, integrity, sensitivity, flexibility, insight, compassion, and
personal presence.
(4) Permit an emphasis or specialization that may address any one or more of the unique and
complex array of human problems, symptoms, and needs of Californians served by marriage
and family therapists.
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(5) Provide students with the opportunity 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.
(d) The degree described in subdivision (b) shall contain no less than 60 semester or 90 quarter units
of instruction that includes, but is not limited to, the following requirements:
(1) Both of the following:
(A) No less than 12 semester or 18 quarter units of coursework in theories, principles, and
methods of a variety of psychotherapeutic orientations directly related to marriage and
family therapy and marital and family systems approaches to treatment and how these
theories can be applied therapeutically with individuals, couples, families, adults, including
elder adults, children, adolescents, and groups to improve, restore, or maintain healthy
relationships.
(B) Practicum that involves direct client contact, as follows:
(i) A minimum of six semester or nine quarter units of practicum in a supervised clinical
placement that provides supervised fieldwork experience.
(ii) A minimum of 150 hours of face-to-face experience counseling individuals, couples,
families, or groups.
(iii) A student must be enrolled in a practicum course while counseling clients, except as
specified in subdivision (c) of Section 4980.42.
(iv) The practicum shall provide training in all of the following areas:
(I) Applied use of theory and psychotherapeutic techniques.
(II) Assessment, diagnosis, prognosis, and treatment planning.
(III) Treatment of individuals and premarital, couple, family, and child relationships,
including trauma and abuse, dysfunctions, healthy functioning, health promotion,
illness prevention, and working with families.
(IV) Professional writing, including documentation of services, treatment plans, and
progress notes.
(V) How to connect people with resources that deliver the quality of services and
support needed in the community.
(v) Educational institutions are encouraged to design the practicum required by this
subparagraph to include marriage and family therapy experience in low income and
multicultural mental health settings.
(vi) In addition to the 150 hours required in clause (ii), 75 hours of either of the following,
or a combination thereof:
(I) Client centered advocacy, as defined in Section 4980.03.
(II) Face-to-face experience counseling individuals, couples, families, or groups.
(2) Instruction in all of the following:
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(A) Diagnosis, assessment, prognosis, treatment planning, and treatment of mental
disorders, including severe mental disorders, evidence-based practices, psychological
testing, psychopharmacology, and promising mental health practices that are evaluated in
peer-reviewed literature.
(B) Developmental issues from infancy to old age, including instruction in all of the following
areas:
(i) The effects of developmental issues on individuals, couples, and family relationships.
(ii) The psychological, psychotherapeutic, and health implications of developmental
issues and their effects.
(iii) Aging and its biological, social, cognitive, and psychological aspects. This coursework
shall include instruction on the assessment and reporting of, as well as treatment
related to, elder and dependent adult abuse and neglect.
(iv) A variety of cultural understandings of human development.
(v) The understanding of human behavior within the social context of socioeconomic
status and other contextual issues affecting social position.
(vi) The understanding of human behavior within the social context of a representative
variety of the cultures found within California.
(vii) The understanding of the impact that personal and social insecurity, social stress, low
educational levels, inadequate housing, and malnutrition have on human
development.
(C) The broad range of matters and life events that may arise within marriage and family
relationships and within a variety of California cultures, including instruction in all of the
following:
(i) 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.
(ii) Spousal or partner abuse assessment, detection, intervention strategies, and same
gender abuse dynamics.
(iii) Cultural factors relevant to abuse of partners and family members.
(iv) Childbirth, child rearing, parenting, and stepparenting.
(v) Marriage, divorce, and blended families.
(vi) Long-term care.
(vii) End-of-life and grief.
(viii) Poverty and deprivation.
(ix) Financial and social stress.
(x) Effects of trauma.
(xi) The psychological, psychotherapeutic, community, and health implications of the
matters and life events described in clauses (i) to (x), inclusive.
26
(D) Cultural competency and sensitivity, including a familiarity with the racial, cultural,
linguistic, and ethnic backgrounds of persons living in California.
(E) 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.
(F) The effects of socioeconomic status on treatment and available resources.
(G) Resilience, including the personal and community qualities that enable persons to cope
with adversity, trauma, tragedy, threats, or other stresses.
(H) Human sexuality, including the study of physiological, psychological, and social cultural
variables associated with sexual behavior and gender identity, and the assessment and
treatment of psychosexual dysfunction.
(I) Substance use disorders, co-occurring disorders, and addiction, including, but not limited
to, instruction in all of the following:
(i) The definition of substance use disorders, co-occurring disorders, and addiction. For
purposes of this subparagraph, “co-occurring disorders” means a mental illness and
substance abuse diagnosis occurring simultaneously in an individual.
(ii) Medical aspects of substance use disorders and co-occurring disorders.
(iii) The effects of psychoactive drug use.
(iv) Current theories of the etiology of substance abuse and addiction.
(v) The role of persons and systems that support or compound substance abuse and
addiction.
(vi) Major approaches to identification, evaluation, and treatment of substance use
disorders, co-occurring disorders, and addiction, including, but not limited to, best
practices.
(vii) Legal aspects of substance abuse.
(viii) Populations at risk with regard to substance use disorders and co-occurring
disorders.
(ix) Community resources offering screening, assessment, treatment, and follow up for
the affected person and family.
(x) Recognition of substance use disorders, co-occurring disorders, and addiction, and
appropriate referral.
(xi) The prevention of substance use disorders and addiction.
(J) California law and professional ethics for marriage and family therapists, including
instruction in all of the following areas of study:
(i) Contemporary professional ethics and statutory, regulatory, and decisional laws that
delineate the scope of practice of marriage and family therapy.
(ii) The therapeutic, clinical, and practical considerations involved in the legal and ethical
practice of marriage and family therapy, including, but not limited to, family law.
27
(iii) The current legal patterns and trends in the mental health professions.
(iv) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or
others, and the treatment of minors with and without parental consent.
(v) A recognition and exploration of the relationship between a practitioner’s sense of self
and human values and the practitioner’s professional behavior and ethics.
(vi) The application of legal and ethical standards in different types of work settings.
(vii) Licensing law and licensing process.
(e) The degree described in subdivision (b) shall, in addition to meeting the requirements of
subdivision (d), include instruction in case management, systems of care for the severely mentally
ill, public and private services and supports available for the severely mentally ill, community
resources for persons with mental illness and for victims of abuse, disaster and trauma response,
advocacy for the severely mentally ill, and collaborative treatment. This instruction may be
provided either in credit level coursework or through extension programs offered by the degree-
granting institution.
(f) The changes made to law by this section are intended to improve the educational qualifications for
licensure in order to better prepare future licentiates for practice, and are not intended to expand or
restrict the scope of practice for marriage and family therapists.
§ 4980.37. QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION; BEGAN
GRADUATE STUDY BEFORE AUGUST 1, 2012 AND COMPLETED GRADUATE STUDY BEFORE
DECEMBER 31, 2018
(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 4980.36.
(b) To qualify for a license or registration, applicants shall possess a doctoral or master’s degree in
marriage, family, and child counseling, marriage and family therapy, couple and family therapy,
psychology, clinical psychology, counseling psychology, or either counseling or clinical mental
health counseling with an emphasis in either marriage, family, and child counseling or marriage
and family therapy. The degree shall be obtained from a school, college, or university accredited
by a regional or national institutional accrediting agency that is recognized by the United States
Department of Education or approved by the Bureau for Private Postsecondary Education. The
board has the authority to make the final determination as to whether a degree meets all
requirements, including, but not limited to, course requirements, regardless of accreditation or
approval. In order to qualify for licensure pursuant to this section, a doctoral or master’s degree
program shall be a single, integrated program primarily designed to train marriage and family
therapists and shall contain no less than 48 semester units or 72 quarter units of instruction. This
instruction shall include no less than 12 semester units or 18 quarter units of coursework in the
areas of marriage, family, and child counseling, and marital and family systems approaches to
treatment. The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic orientations directly related to marriage
and family therapy, and marital and family systems approaches to treatment.
28
(2) Theories of marriage and family therapy and how they can be utilized in order to intervene
therapeutically with couples, families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age and their effect on individuals,
couples, and family relationships. This may include coursework that focuses on specific family
life events and the psychological, psychotherapeutic, and health implications that arise within
couples and families, including, but not limited to, childbirth, child rearing, childhood,
adolescence, adulthood, marriage, divorce, blended families, stepparenting, abuse and neglect
of older and dependent adults, and geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of instruction required in this subdivision.
(c) (1) In addition to the 12 semester or 18 quarter units of coursework specified in subdivision (b), the
doctoral or master’s degree program shall contain not less than six semester units or nine
quarter units of supervised practicum in applied psychotherapeutic technique, assessments,
diagnosis, prognosis, treatment planning, and treatment of premarital, couple, family, and child
relationships, including dysfunctions, healthy functioning, health promotion, and illness
prevention, in a supervised clinical placement that provides supervised fieldwork experience
within the scope of practice of a marriage and family therapist.
(2) For applicants who enrolled in a degree program on or after January 1, 1995, the practicum
shall include a minimum of 150 hours of face-to-face experience counseling individuals,
couples, families, or groups.
(3) The practicum hours shall be considered as part of the 48 semester or 72 quarter unit
requirement.
(d) As an alternative to meeting the qualifications specified in subdivision (b), the board shall accept
as equivalent degrees those master’s or doctoral degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation for Marriage and Family
Therapy Education.
(e) In order to provide an integrated course of study and appropriate professional training, while
allowing for innovation and individuality in the education of marriage and family therapists, a
degree program that meets the educational qualifications for licensure or registration under this
section shall do all of the following:
(1) Provide an integrated course of study that trains students generally in the diagnosis,
assessment, prognosis, treatment planning, and treatment of mental disorders.
(2) Prepare students to be familiar with the broad range of matters that may arise within marriage
and family relationships.
(3) Train students specifically in the application of marriage and family relationship counseling
principles and methods.
(4) Encourage students to develop those personal qualities that are intimately related to the
counseling situation such as integrity, sensitivity, flexibility, insight, compassion, and personal
presence.
(5) Teach students a variety of effective psychotherapeutic techniques and modalities that may be
utilized to improve, restore, or maintain healthy individual, couple, and family relationships.
29
(6) Permit an emphasis or specialization that may address any one or more of the unique and
complex array of human problems, symptoms, and needs of Californians served by marriage
and family therapists.
(7) Prepare students to be familiar with cross-cultural mores and values, including a familiarity with
the wide range of racial and ethnic backgrounds common among California’s population,
including, but not limited to, Blacks, Hispanics, Asians, and Native Americans.
(f) Educational institutions are encouraged to design the practicum required by this section to include
marriage and family therapy experience in low income and multicultural mental health settings.
§ 4980.38. NOTIFICATION TO STUDENTS OF DESIGN OF DEGREE PROGRAM;
CERTIFICATION OF FULFILLMENT OF REQUIREMENTS
(a) Each educational institution preparing applicants to qualify for registration or licensure shall notify
each of its students by means of its public documents or otherwise in writing that its degree program
is designed to meet the requirements of Section 4980.36 or 4980.37, and shall certify to the board
that it has so notified its students.
(b) An applicant for registration or licensure shall submit to the board a certification by the applicant's
educational institution that the institution's required curriculum for graduation and any associated
coursework completed by the applicant does one of the following:
(1) Meets all of the requirements set forth in Section 4980.36.
(2) Meets all of the requirements set forth in Section 4980.37 and paragraphs (4) and (5) of
subdivision (a) of Section 4980.41.
§ 4980.39. ADDITIONAL COURSEWORK: AGING AND LONG-TERM CARE
(a) An applicant for licensure whose education qualifies him or her under Section 4980.37 shall
complete, as a condition of licensure, a minimum of 10 contact hours of coursework 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.
(b) Coursework taken in fulfillment of other educational requirements for licensure pursuant to this
chapter, or in a separate course of study, may, at the discretion of the board, fulfill the
requirements of this section.
(c) In order to satisfy the coursework requirement of this section, the applicant shall submit to the
board a certification from the chief academic officer of the educational institution from which the
applicant graduated stating that the coursework required by this section is included within the
institution’s required curriculum for graduation, or within the coursework, that was completed by
the applicant.
(d) The board shall not issue a license to the applicant until the applicant has met the requirements of
this section.
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§ 4980.395. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH
SERVICES VIA TELEHEALTH
(a) On or after July 1, 2023, an applicant for licensure as a marriage and family therapist shall show,
as part of the application, that they have completed a minimum of three hours of training or
coursework in the provision of mental health services via telehealth, which shall include law and
ethics related to telehealth. This requirement shall be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section
4980.54. To satisfy this requirement, the applicant shall submit to the board a certification of
completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or
an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023,
shall have completed a minimum of three hours of training or coursework in the provision of
mental health services via telehealth, which shall include law and ethics related to telehealth,
using one of the methods specified in subdivision (a).
(c) Proof of compliance with subdivision (b) shall be certified under penalty of perjury that they are in
compliance with this section and shall be retained for submission to the board upon request.
§ 4980.396. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK
ASSESSMENT AND INTERVENTION
(a) On or after January 1, 2021, an applicant for licensure as a marriage and family therapist shall
show, as part of the application, that they have completed a minimum of six hours of coursework
or applied experience under supervision in suicide risk assessment and intervention. This
requirement shall be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained as part of their applied experience. Applied experience can be met in any of the
following settings: practicum or associateship that meets the requirement of this chapter,
formal postdoctoral placement that meets the requirements of Section 2911, or other qualifying
supervised experience. To satisfy this requirement, the applicant shall submit to the board a
written certification from the director of training for the program or primary supervisor where the
qualifying experience has occurred stating that the training required by this section is included
within the applied experience.
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(3) By taking a continuing education course that meets the requirements of Section 4980.54. To
satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee prior to the time of their first renewal after January 1, 2021,
or an applicant for reactivation or reinstatement to an active license status on or after January 1,
2021, shall have completed a minimum of six hours of coursework or applied experience under
supervision in suicide risk assessment and intervention, using one of the methods specified in
subdivision (a).
Proof of compliance with this section shall be certified under penalty of perjury that they are in
compliance with this section and shall be retained for submission to the board upon request.
§ 4980.397. REQUIRED EXAMINATIONS
(a) A registrant or an applicant for licensure as a marriage and family therapist shall pass the
following two examinations as prescribed by the board:
(1) A California law and ethics examination.
(2) A clinical examination.
(b) Upon registration with the board, an associate marriage and family therapist shall, within the first
year of registration, take an examination on California law and ethics.
(c) A registrant or an applicant for licensure may take the clinical examination only upon meeting all of
the following requirements:
(1) Completion of all required supervised work experience.
(2) Completion of all education requirements.
(3) Passage of the California law and ethics examination.
§ 4980.398. EXAMINATION RESTRUCTURE TRANSITION SCENARIOS
(a) Each applicant who had previously taken and passed the standard written examination but had
not passed the clinical vignette examination shall also obtain a passing score on the clinical
examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing score on the standard written
examination shall obtain a passing score on the California law and ethics examination and the
clinical examination.
(c) An applicant who had obtained eligibility for the standard written examination shall take the
California law and ethics examination and the clinical examination.
(d) This section shall become operative on January 1, 2016.
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§ 4980.399. CALIFORNIA LAW AND ETHICS: EXAMINATION AND CONTINUING EDUCATION
(a) Except as provided in subdivision (a) of Section 4980.398, each applicant and registrant shall
obtain a passing score on a board-administered California law and ethics examination in order to
qualify for licensure.
(b) A registrant shall participate in a board-administered California law and ethics examination before
their registration renewal.
(c) If an applicant fails the California law and ethics examination, they may retake the examination,
upon payment of the required fees, without further application.
(d) The board shall not issue a subsequent registration number unless the applicant has passed the
California law and ethics examination.
(e) A registrant shall complete a minimum of three hours of continuing education on the subject of
California law and ethics during each renewal period to be eligible to renew their registration,
regardless of whether they have passed the California law and ethics examination. The
coursework shall be obtained from a board-accepted provider of continuing education, as
specified in Section 4980.54.
§ 4980.40. QUALIFICATIONS
An applicant for licensure shall satisfy all of the following qualifications:
(a) Meet the educational requirements of Section 4980.36 or both Sections 4980.37 and 4980.41, as
applicable.
(b) Be at least 18 years of age.
(c) Have at least two years of supervised experience as specified in this chapter and its
corresponding regulations.
(d) Successfully pass a California law and ethics examination and a clinical examination. An applicant
who has successfully passed a previously administered written examination may be subsequently
required to take and pass another written examination.
(e) Not be subject to denial of licensure under Section 480. The board shall not issue a registration or
license to any person who has been convicted of a crime in this or another state or in a territory of
the United States that involves sexual abuse of children or who is required to register pursuant to
Section 290 of the Penal Code or the equivalent in another state or territory, in accordance with
Section 480.
§ 4980.41. ELIGIBILITY TO SIT FOR LICENSING EXAMINATIONS; COURSEWORK OR
TRAINING
(a) An applicant for licensure whose education qualifies him or her under Section 4980.37 shall
complete the following coursework or training in order to be eligible to sit for the licensing
examinations as specified in subdivision (d) of Section 4980.40:
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(1) A two semester or three quarter unit course in California law and professional ethics for
marriage and family therapists, which shall include, but not be limited to, the following areas of
study:
(A) Contemporary professional ethics and statutory, regulatory, and decisional laws that
delineate the profession’s scope of practice.
(B) The therapeutic, clinical, and practical considerations involved in the legal and ethical
practice of marriage and family therapy, including family law.
(C) The current legal patterns and trends in the mental health profession.
(D) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or others,
and the treatment of minors with and without parental consent.
(E) A recognition and exploration of the relationship between a practitioner’s sense of self and
human values and his or her professional behavior and ethics.
This course may be considered as part of the 48 semester or 72 quarter unit requirements
contained in Section 4980.37.
(2) 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.
(3) A minimum of 10 contact hours of training or coursework in human sexuality as specified in
Section 25, and any regulations promulgated thereunder. When coursework in a master’s or
doctor’s degree program is acquired to satisfy this requirement, it shall be considered as part of
the 48 semester or 72 quarter unit requirement contained in Section 4980.37.
(4) For persons who began graduate study on or after January 1, 1986, a master’s or doctor’s
degree qualifying for licensure shall include specific instruction in alcoholism and other chemical
substance dependency as specified by regulation. When coursework in a master’s or doctor’s
degree program is acquired to satisfy this requirement, it shall be considered as part of the 48
semester or 72 quarter unit requirement contained in Section 4980.37. Coursework required
under this paragraph may be satisfactory if taken either in fulfillment of other educational
requirements for licensure or in a separate course. The applicant may satisfy this requirement
by successfully completing this coursework from a master’s or doctoral degree program at an
accredited or approved institution, as described in subdivision (b) of Section 4980.37, or from a
board-accepted provider of continuing education, as described in Section 4980.54.
(5) For persons who began graduate study during the period commencing on January 1, 1995,
and ending on December 31, 2003, a master’s or doctor’s degree qualifying for licensure shall
include coursework in spousal or partner abuse assessment, detection, and intervention. For
persons who began graduate study on or after January 1, 2004, a master’s or doctor’s degree
qualifying for licensure shall include a minimum of 15 contact hours of coursework in spousal or
partner abuse assessment, detection, and intervention strategies, including knowledge of
community resources, cultural factors, and same gender abuse dynamics. Coursework required
under this paragraph may be satisfactory if taken either in fulfillment of other educational
requirements for licensure or in a separate course. The applicant may satisfy this requirement
by successfully completing this coursework from a master’s or doctoral degree program at an
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accredited or approved institution, as described in subdivision (b) of Section 4980.37, or from a
board-accepted provider of continuing education, as described in Section 4980.54.
(6) For persons who began graduate study on or after January 1, 2001, an applicant shall
complete a minimum of a two semester or three quarter unit survey course in psychological
testing. When coursework in a master’s or doctor’s degree program is acquired to satisfy this
requirement, it may be considered as part of the 48 semester or 72 quarter unit requirement of
Section 4980.37.
(7) For persons who began graduate study on or after January 1, 2001, an applicant shall
complete a minimum of a two semester or three quarter unit survey course in
psychopharmacology. When coursework in a master’s or doctor’s degree program is acquired
to satisfy this requirement, it may be considered as part of the 48 semester or 72 quarter unit
requirement of Section 4980.37.
(b) The requirements added by paragraphs (6) and (7) of subdivision (a) are intended to improve the
educational qualifications for licensure in order to better prepare future licentiates for practice and
are not intended in any way to expand or restrict the scope of practice for licensed marriage and
family therapists.
§ 4980.42. TRAINEES' SERVICES
(a) Trainees performing services in any work setting specified in Section 4980.43.3 may perform
those activities and services as a trainee, provided that the activities and services constitute part
of the trainee’s supervised course of study and that the person is designated by the title “trainee.”
(b) Trainees subject to Section 4980.37 may gain hours of experience and counsel clients outside of
the required practicum. This subdivision shall apply to hours of experience gained and client
counseling provided on and after January 1, 2012.
(c) Trainees subject to Section 4980.36 may gain hours of experience outside of the required
practicum but must be enrolled in a practicum course to counsel clients. Trainees subject to
Section 4980.36 may counsel clients while not enrolled in a practicum course if the period of
lapsed enrollment is less than 90 calendar days, and if that period is immediately preceded by
enrollment in a practicum course and immediately followed by enrollment in a practicum course or
completion of the degree program.
(d) All hours of experience gained pursuant to subdivisions (b) and (c) shall be subject to the other
requirements of this chapter.
(e) All hours of experience gained as a trainee shall be coordinated between the school and the site
where the hours are being accrued. The school shall approve each site and shall have a written
agreement with each site that details each party’s responsibilities, including the methods by which
supervision shall be provided. The agreement shall provide for regular progress reports and
evaluations of the student’s performance at the site. If an applicant has gained hours of
experience while enrolled in an institution other than the one that confers the qualifying degree, it
shall be the applicant’s responsibility to provide to the board satisfactory evidence that those
hours of trainee experience were gained in compliance with this section.
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§ 4980.43. SUPERVISED EXPERIENCE: ASSOCIATES OR TRAINEES
(a) Except as provided in subdivision (b), all applicants shall have an active associate registration with
the board in order to gain postdegree hours of supervised experience.
(b) (1) Postdegree hours of experience gained before the issuance of an associate registration shall
be credited toward licensure if all of the following apply:
(A) The registration applicant applies for the associate registration and the board receives the
application within 90 days of the granting of the qualifying master’s degree or doctoral
degree.
(B) For applicants completing graduate study on or after January 1, 2020, the experience is
obtained at a workplace that, prior to the registration applicant gaining supervised
experience hours, requires completed Live Scan fingerprinting. The applicant shall provide
the board with a copy of that completed State of California “Request for Live Scan Service”
form with the application for licensure.
(C) The board subsequently grants the associate registration.
(2) The applicant shall not be employed or volunteer in a private practice or a professional
corporation until the applicant has been issued an associate registration by the board.
(c) Supervised experience that is obtained for purposes of qualifying for licensure shall be related to
the practice of marriage and family therapy and comply with the following:
(1) A minimum of 3,000 hours completed during a period of at least 104 weeks.
(2) A maximum of 40 hours in any seven consecutive days.
(3) A minimum of 1,700 hours obtained after the qualifying master’s or doctoral degree was
awarded.
(4) A maximum of 1,300 hours obtained prior to the award date of the qualifying master’s or
doctoral degree.
(5) A maximum of 750 hours of counseling and direct supervisor contact prior to the award date of
the qualifying master’s or doctoral degree.
(6) Hours of experience shall not be gained prior to completing either 12 semester units or 18
quarter units of graduate instruction.
(7) Hours of experience shall not have been gained more than six years prior to the date the
application for licensure was received by the board, except that up to 500 hours of clinical
experience gained in the supervised practicum required by subdivision (c) of Section 4980.37
and subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 shall be exempt
from this six-year requirement.
(8) A minimum of 1,750 hours of direct clinical counseling with individuals, groups, couples, or
families, that includes not less than 500 total hours of experience in diagnosing and treating
couples, families, and children.
(9) A maximum of 1,200 hours gained under the supervision of a licensed educational
psychologist providing educationally related mental health services that are consistent with the
scope of practice of an educational psychologist, as specified in Section 4989.14.
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(10) A maximum of 1,250 hours of nonclinical practice, consisting of direct supervisor contact,
administering and evaluating psychological tests, writing clinical reports, writing progress or
process notes, client-centered advocacy, and workshops, seminars, training sessions, or
conferences directly related to marriage and family therapy that have been approved by the
applicant’s supervisor.
(11) It is anticipated and encouraged that hours of experience will include working with elders and
dependent adults who have physical or mental limitations that restrict their ability to carry out
normal activities or protect their rights.
This subdivision shall only apply to hours gained on and after January 1, 2010.
(d) An individual who submits an application for licensure between January 1, 2016, and December
31, 2020, may alternatively qualify under the experience requirements of this section that were in
place on January 1, 2015.
§ 4980.43.1. SUPERVISOR RESPONSIBILITIES
(a) All trainees, associates, and applicants for licensure shall be under the supervision of a supervisor
at all times.
(b) As used in this chapter, the term “supervision” means responsibility for, and control of, the quality
of mental health and related services provided by the supervisee. Consultation or peer discussion
shall not be considered supervision and shall not qualify as supervised experience. Supervision
includes, but is not limited to, all of the following:
(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education,
training, and experience of the supervisee.
(2) Monitoring and evaluating the supervisee’s assessment, diagnosis, and treatment decisions
and providing regular feedback.
(3) Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where
he or she is practicing and to the particular clientele being served.
(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-
, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or
practitioner-patient relationship.
(5) Ensuring the supervisee’s compliance with laws and regulations governing the practice of
marriage and family therapy.
(6) Reviewing the supervisee’s progress notes, process notes, and other patient treatment
records, as deemed appropriate by the supervisor.
(7) With the client’s written consent, providing direct observation or review of audio or video
recordings of the supervisee’s counseling or therapy, as deemed appropriate by the
supervisor.
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§ 4980.43.2. DIRECT SUPERVISOR CONTACT; INOPERATIVE JANUARY 1, 2026
(a) Except for experience gained by attending workshops, seminars, training sessions, or
conferences, as described in paragraph (10) of subdivision (c) of Section 4980.43, direct
supervisor contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact in each week for which
experience is credited in each work setting.
(2) A trainee shall receive an average of at least one hour of direct supervisor contact for every
five hours of direct clinical counseling performed each week in each setting. For experience
gained on or after January 1, 2009, no more than six hours of supervision, whether individual,
triadic, or group, shall be credited during any single week.
(3) An associate gaining experience who performs more than 10 hours of direct clinical counseling
in a week in any setting shall receive at least one additional hour of direct supervisor contact
for that setting. For experience gained on or after January 1, 2009, no more than six hours of
supervision, whether individual, triadic, or group, shall be credited during any single week.
(4) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic
supervision, or a combination of both.
(b) (1) For purposes of this chapter, “one hour of direct supervisor contact” means any of the
following:
(A) Individual supervision, which means one hour of face-to-face contact between one
supervisor and one supervisee.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor
and two supervisees.
(C) Group supervision, which means two hours of face-to-face contact between one supervisor
and no more than eight supervisees. Segments of group supervision may be split into no
less than one continuous hour. A supervisor shall ensure that the amount and degree of
supervision is appropriate for each supervisee.
(2) For purposes of this subdivision, “face-to-face contact” means in-person contact, contact via
two-way, real-time videoconferencing, or some combination of these.
(c) The supervisor shall be responsible for ensuring compliance with federal and state laws relating to
confidentiality of patient health information.
(d) (1) Within 60 days of the commencement of supervision, a supervisor shall conduct a meeting
with the supervisee during which the supervisor shall assess the appropriateness of allowing the
supervisee to receive supervision via two-way, real-time videoconferencing. This assessment of
appropriateness shall include, but is not limited to, the abilities of the supervisee, the preferences
of both the supervisee and supervisor, and the privacy of the locations of the supervisee and
supervisor while supervision is conducted.
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(2) The supervisor shall document the results of the assessment made pursuant to paragraph (1),
and shall not utilize supervision via two-way, real-time videoconferencing if their assessment
finds it is not appropriate.
(e) Direct supervisor contact shall occur within the same week as the hours claimed.
(f) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the
alternative supervision meets the requirements of this chapter.
(g) Notwithstanding any other law, once the required number of experience hours are gained,
associates and applicants for licensure shall receive a minimum of one hour of direct supervisor
contact per week for each practice setting in which direct clinical counseling is performed. Once
the required number of experience hours are gained, further supervision for nonclinical practice,
as defined in paragraph (10) of subdivision (c) of Section 4980.43, shall be at the supervisor’s
discretion.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
§ 4980.43.2. DIRECT SUPERVISOR CONTACT; OPERATIVE JANUARY 1, 2026
(a) Except for experience gained by attending workshops, seminars, training sessions, or
conferences, as described in paragraph (10) of subdivision (c) of Section 4980.43, direct
supervisor contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact in each week for which
experience is credited in each work setting.
(2) A trainee shall receive an average of at least one hour of direct supervisor contact for every five
hours of direct clinical counseling performed each week in each setting. For experience gained
on or after January 1, 2009, no more than six hours of supervision, whether individual, triadic,
or group, shall be credited during any single week.
(3) An associate gaining experience who performs more than 10 hours of direct clinical counseling
in a week in any setting shall receive at least one additional hour of direct supervisor contact for
that setting. For experience gained on or after January 1, 2009, no more than six hours of
supervision, whether individual, triadic, or group, shall be credited during any single week.
(4) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic
supervision, or a combination of both.
(b) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(1) Individual supervision, which means one hour of face-to-face contact between one supervisor
and one supervisee.
(2) Triadic supervision, which means one hour of face-to-face contact between one supervisor and
two supervisees.
(3) Group supervision, which means two hours of face-to-face contact between one supervisor and
no more than eight supervisees. Segments of group supervision may be split into no less than
one continuous hour. A supervisor shall ensure that the amount and degree of supervision is
appropriate for each supervisee.
(c) Direct supervisor contact shall occur within the same week as the hours claimed.
39
(d) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the
alternative supervision meets the requirements of this chapter.
(e) Notwithstanding subdivision (b), a supervisee working in an exempt setting described in Section
4980.01 may obtain the required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring compliance with federal and
state laws relating to confidentiality of patient health information.
(f) Notwithstanding any other law, once the required number of experience hours are gained,
associates and applicants for licensure shall receive a minimum of one hour of direct supervisor
contact per week for each practice setting in which direct clinical counseling is performed. Once
the required number of experience hours are gained, further supervision for nonclinical practice,
as defined in paragraph (10) of subdivision (c) of Section 4980.43, shall be at the supervisor’s
discretion.
(g) This section shall become operative on January 1, 2026.
§ 4980.43.3. SUPERVISED EXPERIENCE: ACCEPTABLE SETTINGS; ACCEPTABLE
SUPERVISION PRACTICES
(a) A trainee, associate, or applicant for licensure shall only perform mental health and related
services as an employee or volunteer, and not as an independent contractor. The requirements of
this chapter regarding hours of experience and supervision shall apply equally to employees and
volunteers. A trainee, associate, or applicant for licensure shall not perform any services or gain
any experience within the scope of practice of the profession, as defined in Section 4980.02, as
an independent contractor. While an associate may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration.
(1) If employed, an associate shall provide the board, upon application for licensure, with copies of
the W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a
letter from the associate’s employer verifying the associate’s status as a volunteer during the
dates the experience was gained.
(b) (1) A trainee shall not perform services in a private practice or a professional corporation. A
trainee may be credited with supervised experience completed in a setting that meets all of the
following:
(A) Is not a private practice or professional corporation.
(B) Lawfully and regularly provides mental health counseling or psychotherapy.
(C) Provides oversight to ensure that the trainee’s work at the setting meets the experience
and supervision requirements in this chapter and is within the scope of practice for the
profession, as defined in Section 4980.02.
(2) Only experience gained in the position for which the trainee volunteers or is employed shall
qualify as supervised experience.
(c) (1) An associate may be credited with supervised experience completed in any setting that meets
both of the following:
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(A) Lawfully and regularly provides mental health counseling or psychotherapy.
(B) Provides oversight to ensure that the associate’s work at the setting meets the experience
and supervision requirements in this chapter and is within the scope of practice for the
profession, as defined in Section 4980.02.
(2) Only experience gained in the position for which the associate volunteers or is employed shall
qualify as supervised experience.
(3) An applicant for registration as an associate shall not be employed or volunteer in a private
practice or professional corporation until the applicant has been issued an associate
registration by the board.
(d) Any experience obtained under the supervision of a spouse, relative, or domestic partner shall not
be credited toward the required hours of supervised experience. Any experience obtained under
the supervision of a supervisor with whom the applicant has had or currently has a personal,
professional, or business relationship that undermines the authority or effectiveness of the
supervision shall not be credited toward the required hours of supervised experience.
(e) A trainee, associate, or applicant for licensure shall not receive any remuneration from patients or
clients and shall only be paid by their employer, if an employee.
(f) A trainee, associate, or applicant for licensure shall have no proprietary interest in their employer’s
business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any
other way pay for the obligations of their employer.
(g) A trainee, associate, or applicant for licensure who provides voluntary services in any lawful work
setting and who only receives reimbursement for expenses actually incurred shall be considered
an employee. The board may audit an applicant for licensure who receives reimbursement for
expenses and the applicant for licensure shall have the burden of demonstrating that the payment
received was for reimbursement of expenses actually incurred.
(h) A trainee, associate, or applicant for licensure who receives a stipend or educational loan
repayment from a program designed to encourage demographically underrepresented groups to
enter the profession or to improve recruitment and retention in underserved regions or settings
shall be considered an employee. The board may audit an applicant who receives a stipend or
educational loan repayment and the applicant shall have the burden of demonstrating that the
payment received was for the specified purposes.
(i) An associate or a trainee may provide services via telehealth that are in the scope of practice
outlined in this chapter.
(j) Each educational institution preparing applicants pursuant to this chapter shall consider requiring,
and shall encourage, its students to undergo individual, marital, conjoint, family, or group
counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and
encourage the supervisor’s associates and trainees regarding the advisability of undertaking
individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar
as it is deemed appropriate and is desired by the applicant, educational institutions and supervisors
are encouraged to assist the applicant to locate counseling or psychotherapy at a reasonable cost.
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§ 4980.43.4. SUPERVISEES: LOCATION OF SERVICES; MAXIMUM NUMBER OF
SUPERVISEES; OVERSIGHT AGREEMENT
(a) A trainee, associate, or applicant for licensure shall only perform mental health and related
services at the places where their employer permits business to be conducted.
(b) An associate who is employed by or is volunteering in a private practice or a professional
corporation shall be supervised by an individual who is both of the following:
(1) Is employed by or contracted by the associate’s employer or is an owner of the private practice
or professional corporation.
(2) Either provides psychotherapeutic services to clients for the associate’s employer, or meets
both of the following:
(A) The supervisor and the associate’s employer have a written contract providing the
supervisor the same access to the associate’s clinical records provided to employees of
that employer.
(B) The associate’s clients authorize the release of their clinical records to the supervisor.
(c) Supervisors of supervisees in a nonexempt setting shall not serve as individual or triadic
supervisors for more than six supervisees at any time. Supervisees may be registered as
associate marriage and family therapists, associate professional clinical counselors, associate
clinical social workers, or any combination of those registrations.
(d) A written oversight agreement, as specified by the board by regulation, shall be executed between
the supervisor and employer when the supervisor is not employed by the supervisee’s employer
or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be
gaining experience to determine that the site or sites comply with the requirements of this chapter.
§ 4980.43.5. AUDITS OF SUPERVISORS
The board may audit the records of any supervisor to verify the completion of the supervisor
qualifications specified by this chapter and by regulation. A supervisor shall maintain records of
completion of the required supervisor qualifications for seven years after termination of the
supervision and shall make these records available to the board for auditing purposes upon request.
§ 4980.44. ASSOCIATE NOTICE TO CLIENT OR PATIENT; ADVERTISEMENTS
An associate marriage and family therapist employed under this chapter shall comply with the
following requirements:
(a) Inform each client or patient prior to performing any mental health and related services that the
person is an unlicensed registered associate marriage and family therapist, provide the person’s
registration number and the name of the person’s employer, and indicate whether the person is
under the supervision of a licensed marriage and family therapist, licensed clinical social worker,
licensed professional clinical counselor, psychologist licensed pursuant to Chapter 6.6
(commencing with Section 2900), licensed educational psychologist, or a licensed physician and
surgeon certified in psychiatry by the American Board of Psychiatry and Neurology.
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(b) (1) Any advertisement by or on behalf of a registered associate marriage and family therapist shall
include, at a minimum, all of the following information:
(A) That the person is a registered associate marriage and family therapist.
(B) The associate’s registration number.
(C) The name of the person’s employer.
(D) That the person is supervised by a licensed person.
(2) The abbreviation “AMFT” shall not be used in an advertisement unless the title “registered
associate marriage and family therapist” appears in the advertisement.
§ 4980.46. FICTITIOUS BUSINESS NAMES
Any licensed marriage and family therapist who owns a business using a fictitious business name
shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the
commencement of treatment, of the name and license designation of the owner or owners of the
practice.
§ 4980.48. TRAINEES; NOTICE TO CLIENTS OF UNLICENSED STATUS; ADVERTISEMENTS
(a) A trainee shall, prior to performing any professional services, inform each client or patient that the
trainee is an unlicensed marriage and family therapist trainee, provide the name of the trainee’s
employer, and indicate whether the trainee is under the supervision of a licensed marriage and
family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a
licensed psychologist, a licensed physician certified in psychiatry by the American Board of
Psychiatry and Neurology, or a licensed educational psychologist.
(b) Any person that advertises services performed by a trainee shall include the trainee’s name, the
supervisor’s license designation or abbreviation, and the supervisor’s license number.
(c) Any advertisement by or on behalf of a marriage and family therapist trainee shall include, at a
minimum, all of the following information:
(1) That the trainee is a marriage and family therapist trainee.
(2) The name of the trainee’s employer.
(3) That the trainee is supervised by a licensed person.
§ 4980.49. CLIENT RECORDS: RETENTION
(a) A marriage and family therapist shall retain a client’s or patient’s health service records for a
minimum of seven years from the date therapy is terminated. If the client or patient is a minor, the
client’s or patient’s health service records shall be retained for a minimum of seven years from the
date the client or the patient reaches 18 years of age. Health service records may be retained in
either a written or an electronic format.
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(b) This section shall apply only to the records of a client or patient whose therapy is terminated on or
after January 1, 2015.
§ 4980.50. EXAMINATION; ISSUANCE OF LICENSE; EXAMINATION RECORD RETENTION;
SEVEN YEAR LIMITATION ON CLINICAL EXAMINATION
(a) Every applicant who meets the educational and experience requirements and applies for a license
as a marriage and family therapist shall be examined by the board. The examinations shall be as
set forth in subdivision (d) of Section 4980.40. The examinations shall be given at least twice a
year at a time and place and under supervision as the board may determine. The board shall
examine the candidate with regard to the candidate’s knowledge and professional skills and
judgment in the utilization of appropriate techniques and methods.
(b) The board shall not deny any applicant who has submitted a complete application for examination,
admission to the licensure examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not committed any acts or
engaged in any conduct that would constitute grounds to deny licensure.
(c) The board shall not deny any applicant, whose application for licensure is complete, admission to
the clinical examination, nor shall the board postpone or delay any applicant’s clinical
examination, solely upon the receipt by the board of a complaint alleging acts or conduct that
would constitute grounds to deny licensure.
(d) If an applicant for examination who has passed the California law and ethics examination is the
subject of a complaint or is under board investigation for acts or conduct that, if proven to be true,
would constitute grounds for the board to deny licensure, the board shall permit the applicant to
take the clinical examination for licensure, but may notify the applicant that licensure will not be
granted pending completion of the investigation.
(e) Notwithstanding Section 135, the board may deny any applicant who has previously failed either
the California law and ethics examination or the clinical examination permission to retake either
examination pending completion of the investigation of any complaints against the applicant.
Nothing in this section shall prohibit the board from denying an applicant admission to any
examination or refusing to issue a license to any applicant when an accusation or statement of
issues has been filed against the applicant pursuant to Sections 11503 and 11504 of the
Government Code, respectively, or the applicant has been denied in accordance with subdivision
(b) of Section 485.
(f) Notwithstanding any other provision of law, the board may destroy all examination materials two
years following the date of an examination.
(g) An applicant for licensure shall not be eligible to participate in the clinical examination if the
applicant fails to obtain a passing score on the clinical examination within seven years from their
initial attempt, unless the applicant takes and obtains a passing score on the current version of the
California law and ethics examination.
(h) A passing score on the clinical examination shall be accepted by the board for a period of seven
years from the date the examination was taken.
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(i) An applicant for licensure who has qualified pursuant to this chapter shall be issued a license as a
marriage and family therapist in the form that the board deems appropriate.
§ 4980.54. CONTINUING EDUCATION
(a) The Legislature recognizes that the education and experience requirements in this chapter
constitute only minimal requirements to ensure that an applicant is prepared and qualified to take
the licensure examinations as specified in subdivision (d) of Section 4980.40 and, if an applicant
passes those examinations, to begin practice.
(b) In order to continuously improve the competence of licensed and registered marriage and family
therapists and as a model for all psychotherapeutic professions, the Legislature encourages all
licensees and registrants to regularly engage in continuing education related to the profession or
scope of practice as defined in this chapter.
(c) (1) Except as provided in subdivision (e), the board shall not renew any license pursuant to this
chapter unless the applicant certifies to the board, on a form prescribed by the board, that the
applicant has completed not less than 36 hours of approved continuing education in or relevant to
the field of marriage and family therapy in the preceding two years, as determined by the board.
(2) The board shall not renew any registration pursuant to this chapter unless the registrant
certifies under penalty of perjury to the board, and on a form prescribed by the board, that they
have completed not less than three hours of continuing education on the subject of California
law and ethics during the preceding year.
(d) The board shall have the right to audit the records of any applicant to verify the completion of the
continuing education requirement. Applicants shall maintain records of completion of required
continuing education coursework for a minimum of two years and shall make these records
available to the board for auditing purposes upon request.
(e) The board may establish exceptions from the continuing education requirements of this section for
good cause, as defined by the board.
(f) The continuing education shall be obtained from one of the following sources:
(1) An accredited school or state-approved school that meets the requirements set forth in Section
4980.36 or 4980.37. Nothing in this paragraph shall be construed as requiring coursework to be
offered as part of a regular degree program.
(2) Other continuing education providers, as specified by the board by regulation.
(g) The board shall establish, by regulation, a procedure for identifying acceptable providers of
continuing education courses, and all providers of continuing education, as described in
paragraphs (1) and (2) of subdivision (f), shall adhere to procedures established by the board. The
board may revoke or deny the right of a provider to offer continuing education coursework
pursuant to this section for failure to comply with this section or any regulation adopted pursuant
to this section.
(h) Training, education, and coursework by approved providers shall incorporate one or more of the
following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of marriage
and family therapy.
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(2) Aspects of the discipline of marriage and family therapy in which significant recent
developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of marriage and
family therapy.
(i) A system of continuing education for licensed marriage and family therapists shall include courses
directly related to the diagnosis, assessment, and treatment of the client population being served.
(j) The continuing education requirements of this section shall comply fully with the guidelines for
mandatory continuing education established by the Department of Consumer Affairs pursuant to
Section 166.
§ 4980.55. DISCLOSURE OF COUNSELOR’S QUALIFICATIONS
As a model for all therapeutic professions, and to acknowledge respect and regard for the consuming
public, all licensed marriage and family therapists are encouraged to provide to each client, at an
appropriate time and within the context of the psychotherapeutic relationship, an accurate and
informative statement of the therapist’s experience, education, specialities, professional orientation,
and any other information deemed appropriate by the licensee.
§ 4980.57. CONTINUING EDUCATION FOR SPOUSAL OR PARTNER ABUSE
(a) The board shall require a licensee who began graduate study prior to January 1, 2004, to take a
continuing education course during his or her first renewal period after the operative date of this
section in spousal or partner abuse assessment, detection, and intervention strategies, including
community resources, cultural factors, and same gender abuse dynamics. On and after January 1,
2005, the course shall consist of not less than seven hours of training. Equivalent courses in
spousal or partner abuse assessment, detection, and intervention strategies taken prior to the
operative date of this section or proof of equivalent teaching or practice experience may be
submitted to the board and at its discretion, may be accepted in satisfaction of this requirement.
(b) Continuing education courses taken pursuant to this section shall be applied to the 36 hours of
approved continuing education required under subdivision (c) of Section 4980.54.
§ 4980.60. RULES AND REGULATIONS
(a) The board may adopt those rules and regulations as may be necessary to enable it to carry into
effect the provisions of this chapter. The adoption, amendment, or repeal of those rules and
regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
(b) The board may, by rules or regulations, adopt, amend, or repeal rules of advertising and
professional conduct appropriate to the establishment and maintenance of a high standard of
integrity in the profession, provided that the rules or regulations are not inconsistent with Section
4982. Every person who holds a license to practice marriage and family therapy shall be governed
by the rules of professional conduct.
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§ 4980.70. ADDITIONAL PERSONNEL
Except as provided by Section 159.5, the board may employ whatever additional personnel is
necessary to carry out the provisions of this chapter.
§ 4980.72. OUT-OF-STATE APPLICANTS: LICENSURE BY CREDENTIAL
The board may issue a license to a person who, at the time of submitting an application for a license
pursuant to this chapter, holds a license in another jurisdiction of the United States as a marriage and
family therapist at the highest level for independent clinical practice if all of the following requirements
are met:
(a) The applicant’s license in the other jurisdiction has been current, active, and unrestricted in that
jurisdiction for at least two years immediately before the date the application was received by the
board. The applicant shall disclose to the board for review any past restrictions or disciplinary
action on an out-of-state license, and the board shall consider these actions in determining
whether to issue a license to the applicant.
(b) The applicant’s degree that qualified the person for the out-of-state license is a master’s or
doctoral degree that was obtained from an accredited or approved institution.
(c) The applicant complies with the fingerprint requirements established by Section 144.
(d) The applicant completes the coursework specified in paragraphs (1) and (2) from an accredited
institution or an approved institution or from an acceptable provider of continuing education as
specified in Section 4980.54. Undergraduate coursework shall not satisfy these requirements.
(1) A minimum of 12 hours of coursework 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, therapist disclosures to clients, the application of legal and ethical
standards in different types of work settings, and licensing law and the licensing process.
(2) 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.
(e) The applicant obtains 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 pursuant
to that section.
(f) On or after January 1, 2021, the applicant shall show proof of completion of at least six hours of
coursework or applied experience under supervision in suicide risk assessment and intervention
using one of the methods specified in Section 4980.396.
(g) The applicant passes the board-administered California law and ethics examination specified in
subdivision (d) of Section 4980.40. The clinical examination specified in subdivision (d) of Section
4980.40 shall be waived for an applicant qualifying under this section.
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(h) This section was developed based on an examination of the licensure requirements for marriage
and family therapists on a national level. This section shall not be construed to apply to any
provisions under this division or Division 3 (commencing with Section 5000) other than this act.
§ 4980.74. OUT-OF-STATE APPLICANTS: LICENSURE BY EDUCATION AND EXPERIENCE
(a) This section applies to persons with education gained from an out-of-state school or experience
gained outside of California who apply for licensure or registration and who do not qualify for a
license under Section 4980.72.
(b) The board shall accept education gained from an out-of-state school for purposes of satisfying
licensure or registration requirements if the education is substantially equivalent, as defined in
Section 4980.78, and the applicant complies with Section 4980.76, if applicable. The applicant’s
degree title need not be identical to that required by Section 4980.36 or 4980.37.
(c) The board shall accept experience gained outside of California for purposes of satisfying licensure
or registration requirements if the experience is substantially equivalent to the experience required
by this chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience,
the board shall accept as qualifying supervised experience the amount of time the applicant held
an active license in good standing in another state or country as a marriage and family therapist at
the highest level for independent clinical practice at a rate of 100 hours per month, up to a
maximum of 1,200 hours.
(d) An applicant who obtained a license or registration in another state or country may qualify for
licensure with the board without taking the clinical examination specified in Section 4980.40 if both
of the following conditions are met:
(1) The applicant obtained a passing score on the clinical licensing examination set forth in
regulation as accepted by the board.
(2) The applicant’s license or registration in that state or country is active, in good standing at the
time of the application, and is not revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered.
§ 4980.76. DEGREE OBTAINED OUTSIDE THE UNITED STATES
An applicant for licensure or registration with a degree obtained from an educational institution
outside the United States shall provide the board with a comprehensive evaluation of the degree
performed by a foreign credential evaluation service that is a member of the National Association of
Credential Evaluation Services (NACES), and shall provide any other documentation the board
deems necessary.
§ 4980.78. LICENSURE BY EDUCATION AND EXPERIENCE: SUBSTANTIALLY EQUIVALENT
EDUCATION
(a) This section applies to persons with education gained from an out-of-state school who apply for
licensure or registration and who do not qualify for a license under Section 4980.72.
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(b) For purposes of Section 4980.74, education is substantially equivalent if all of the following
requirements are met:
(1) The degree is obtained from an accredited institution or approved institution and consists
of, at a minimum, the following:
(A) (i) For an applicant who obtained a degree within the timeline prescribed by subdivision
(a) of Section 4980.36, the degree shall contain no less than 60 semester units or 90
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 a degree within the timeline prescribed by subdivision (a)
of Section 4980.37, the degree shall contain no less than 48 semester units or 72
quarter units of instruction.
(C) (i) Six semester units or nine quarter units of supervised practicum, including, but not
limited to, a minimum of 150 hours of face-to-face experience counseling individuals,
couples, families, or groups, and an additional 75 hours of either face-to-face
experience counseling individuals, couples, families, or groups or client centered
advocacy, or a combination of face-to-face experience counseling individuals, couples,
families, or groups and client centered advocacy.
(ii) An out-of-state applicant who holds a valid license in good standing in another state
or country as a marriage and family therapist at the highest level for independent
clinical practice is exempt from the practicum requirement specified in clause (i).
(D) Twelve semester units or 18 quarter units in the areas of marriage, family, and child
counseling and marital and family systems approaches to treatment, as specified in
subparagraph (A) of paragraph (1) of subdivision (d) of Section 4980.36.
(2) The applicant shall complete coursework in California law and ethics as follows:
(A) An applicant who completed a course in law and professional ethics for marriage and
family therapists as specified in paragraph (8) of subdivision (a) of Section 4980.81, that
did not contain instruction in California law and ethics, shall complete a 12-hour course
in California law and professional ethics. The content of the course shall include, but not
be limited to, advertising, scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping,
patient access to records, state and federal laws 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, therapist disclosures to patients, the application
of legal and ethical standards in different types of work settings, and licensing law and
licensing process. The coursework shall be from an accredited institution, an approved
institution, or from a continuing education provider identified as acceptable by the board
pursuant to Section 4980.54. This coursework shall be completed before registration as
an associate.
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(B) An applicant who has not completed a course in law and professional ethics for
marriage and family therapists as specified in paragraph (8) of subdivision (a) of Section
4980.81 shall complete this required coursework. The coursework shall contain content
specific to California law and ethics. This coursework shall be completed before
registration as an associate.
(3) The applicant completes the educational requirements specified in Section 4980.81 not
already completed in the applicant’s education. The coursework shall be from an accredited
institution, an approved institution, or from a continuing education provider that is identified
as acceptable by the board pursuant to Section 4980.54. Undergraduate courses shall not
satisfy this requirement.
(4) The applicant completes the following coursework not already completed in the applicant’s
education from an accredited institution, an approved institution, or from a continuing
education provider that is identified as acceptable by the board pursuant to Section
4980.54. Undergraduate courses 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 under
paragraphs (3) and (4) not already completed in the applicant’s education while registered
as an associate, unless otherwise specified.
(6) On and after January 1, 2021, an applicant for licensure shall show proof of completion of
at least six hours of coursework or applied experience under supervision in suicide risk
assessment and intervention using one of the methods specified in Section 4980.396.
(7) The applicant’s degree title need not be identical to that required by subdivision (b) of
Section 4980.36.
§ 4980.81. LICENSURE BY EDUCATION AND EXPERIENCE: ADDITIONAL COURSEWORK
This section applies to persons subject to Section 4980.78 who apply for licensure or registration.
(a) For purposes of Section 4980.78, an applicant shall meet all of the following educational
requirements:
(1) A minimum of two semester units of instruction in the diagnosis, assessment, prognosis,
treatment planning, and treatment of mental disorders, including severe mental disorders,
evidence-based practices, and promising mental health practices that are evaluated in peer-
reviewed literature.
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(2) At least one semester unit or 15 hours of instruction in psychological testing and at least one
semester unit or 15 hours of instruction in psychopharmacology.
(3) (A) Developmental issues from infancy to old age, including demonstration of at least one
semester unit, or 15 hours, of instruction that includes all of the following subjects:
(i) The effects of developmental issues on individuals, couples, and family relationships.
(ii) The psychological, psychotherapeutic, and health implications of developmental issues
and their effects.
(iii) The understanding of the impact that personal and social insecurity, social stress, low
educational levels, inadequate housing, and malnutrition have on human development.
(B) An applicant who is deficient in any of these subjects may remediate the coursework by
completing three hours of instruction in each deficient subject.
(4) (A) The broad range of matters and life events that may arise within marriage and family
relationships and within a variety of California cultures, including instruction in all of the
following:
(i) 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.
(ii) A minimum of 10 contact hours of coursework that includes all of the following:
(I) The assessment and reporting of, as well as treatment related to, elder and
dependent adult abuse and neglect.
(II) Aging and its biological, social, cognitive, and psychological aspects.
(III) Long-term care.
(IV) End-of-life and grief.
(iii) A minimum of 15 contact hours of coursework in spousal or partner abuse
assessment, detection, intervention strategies, and same-gender abuse dynamics.
(iv) Cultural factors relevant to abuse of partners and family members.
(v) Childbirth, child rearing, parenting, and stepparenting.
(vi) Marriage, divorce, and blended families.
(vii) Poverty and deprivation.
(viii) Financial and social stress.
(ix) Effects of trauma.
(x) The psychological, psychotherapeutic, community, and health implications of the
matters and life events described in clauses (i) to (ix), inclusive.
(5) At least one semester unit, or 15 hours, of instruction in 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.
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(6) A minimum of 10 contact hours of training or coursework in human sexuality, as specified in
Section 25 and any regulations promulgated under that section, including the study of
physiological, psychological, and social cultural variables associated with sexual behavior and
gender identity, and the assessment and treatment of psychosexual dysfunction.
(7) A minimum of 15 contact hours of coursework in substance use disorders, and a minimum of
15 contact hours of coursework in co-occurring disorders and addiction. The following subjects
shall be included in this coursework:
(A) The definition of substance use disorders, co-occurring disorders, and addiction. For
purposes of this subparagraph, “co-occurring disorders” means a mental illness and
substance abuse diagnosis occurring simultaneously in an individual.
(B) Medical aspects of substance use disorders and co-occurring disorders.
(C) The effects of psychoactive drug use.
(D) Current theories of the etiology of substance abuse and addiction.
(E) The role of persons and systems that support or compound substance abuse and
addiction.
(F) Major approaches to identification, evaluation, and treatment of substance use disorders,
co-occurring disorders, and addiction, including, but not limited to, best practices.
(G) Legal aspects of substance abuse.
(H) Populations at risk with regard to substance use disorders and co-occurring disorders.
(I) Community resources offering screening, assessment, treatment, and followup for the
affected person and family.
(J) Recognition of substance use disorders, co-occurring disorders, and addiction, and
appropriate referral.
(K) The prevention of substance use disorders and addiction.
(8) A minimum of a two semester or three quarter unit course in law and professional ethics for
marriage and family therapists, including instruction in all of the following subjects:
(A) Contemporary professional ethics and statutory, regulatory, and decisional laws that
delineate the scope of practice of marriage and family therapy.
(B) The therapeutic, clinical, and practical considerations involved in the legal and ethical
practice of marriage and family therapy, including, but not limited to, family law.
(C) The current legal patterns and trends in the mental health professions.
(D) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or
others, and the treatment of minors with and without parental consent.
(E) A recognition and exploration of the relationship between a practitioner’s sense of self and
human values and their professional behavior and ethics.
(F) The application of legal and ethical standards in different types of work settings.
(G) Licensing law and licensing process.
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ARTICLE 2. DENIAL, SUSPENSION, AND REVOCATION
§ 4982. UNPROFESSIONAL CONDUCT
The board may deny a license or registration or may suspend or revoke the license or registration of
a licensee or registrant if the licensee or registrant has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the following:
(a) The conviction of a crime substantially related to the qualifications, functions, or duties of a
licensee or registrant under this chapter. The record of conviction shall be conclusive evidence only
of the fact that the conviction occurred. The board may inquire into the circumstances surrounding
the commission of the crime in order to fix the degree of discipline or to determine if the conviction
is substantially related to the qualifications, functions, or duties of a licensee or registrant under this
chapter. A conviction has the same meaning as defined in Section 7.5. The board may order any
license or registration suspended or revoked, or may decline to issue a license or registration when
the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or,
when an order granting probation is made suspending the imposition of sentence. All actions
pursuant to this subdivision shall be taken pursuant to Division 1.5 (commencing with Section 475).
(b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for
licensure or registration submitted to the board, whether engaged in by an applicant for a license or
registration, or by a licensee in support of any application for licensure or registration.
(c) Administering to themself any controlled substance or using of any of the dangerous drugs
specified in Section 4022, or of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or license or holding a registration
or license under this chapter, or to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a registration or license to conduct with
safety to the public the practice authorized by the registration or license. The board shall deny an
application for a registration or license or revoke the license or registration of any person, other
than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
(d) Gross negligence or incompetence in the performance of marriage and family therapy.
(e) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any
regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or registration held by the licensee or
registrant or otherwise misrepresenting or permitting misrepresentation of the licensee’s or
registrant’s education, professional qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or,
in the case of a licensee or registrant, allowing any other person to use the licensee’s or
registrant’s license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any unlicensed or unregistered person to
engage in conduct for which a license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm to any client.
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(j) The commission of any dishonest, corrupt, or fraudulent act substantially related to the
qualifications, functions, or duties of a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client within two years following termination
of therapy, soliciting sexual relations with a client, or committing an act of sexual abuse, or sexual
misconduct with a client, or committing an act punishable as a sexually related crime, if that act or
solicitation is substantially related to the qualifications, functions, or duties of a marriage and family
therapist.
(l) Performing, or holding oneself out as being able to perform, or offering to perform, or permitting
any trainee, registered associate, or applicant for licensure under supervision to perform, any
professional services beyond the scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all
information that has been received from a client in confidence during the course of treatment and
all information about the client that is obtained from tests or other means.
(n) Prior to the commencement of treatment, failing to disclose to the client or prospective client the
fee to be charged for the professional services, or the basis upon which that fee will be computed.
(o) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether
monetary or otherwise, for the referral of professional clients. All consideration, compensation, or
remuneration shall be in relation to professional counseling services actually provided by the
licensee. This subdivision does not prevent collaboration among two or more licensees in a case
or cases. However, a fee shall not be charged for that collaboration, except when disclosure of the
fee has been made in compliance with subdivision (n).
(p) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section
651.
(q) Reproduction or description in public, or in any publication subject to general public distribution, of
any psychological test or other assessment device, the value of which depends in whole or in part
on the naivete of the subject, in ways that might invalidate the test or device.
(r) Any conduct in the supervision of any registered associate, trainee, or applicant for licensure by
any licensee that violates this chapter or any rules or regulations adopted by the board.
(s) Performing or holding oneself out as being able to perform mental health services beyond the
scope of one’s competence, as established by one’s education, training, or experience. This
subdivision shall not be construed to expand the scope of the license authorized by this chapter.
(t) Permitting a trainee, registered associate, or applicant for licensure under one’s supervision or
control to perform, or permitting the trainee, registered associate, or applicant for licensure to hold
themself out as competent to perform, mental health services beyond the trainee’s, registered
associate’s, or applicant for licensure’s level of education, training, or experience.
(u) The violation of any statute or regulation governing the gaining and supervision of experience
required by this chapter.
(v) Failure to keep records consistent with sound clinical judgment, the standards of the profession,
and the nature of the services being rendered.
(w) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal
Code.
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(x) Failure to comply with the elder and dependent adult abuse reporting requirements of Section
15630 of the Welfare and Institutions Code.
(y) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the
Health and Safety Code.
(z) Failure to comply with Section 2290.5.
(aa) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of,
the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code
regardless of whether the act occurred prior to or after the time the registration or license was
issued by the board. An act described in this subdivision occurring prior to the effective date
of this subdivision shall constitute unprofessional conduct and shall subject the licensee to
refusal, suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of the public, and in particular
minors, from sexual misconduct by a licensee is a compelling governmental interest, and that
the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the
effective date of this section is equally important to protecting the public as is the ability to
refuse a license for sexual conduct with a minor occurring prior to the effective date of this
section.
(ab) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the
administration of an examination as described in Section 123.
§ 4982.05. ENFORCEMENT STATUTE OF LIMITATIONS
(a) Except as provided in subdivisions (b), (c), and (e) any accusation filed against a licensee pursuant
to Section 11503 of the Government Code shall be filed within three years from the date the board
discovers the alleged act or omission that is the basis for disciplinary action, or within seven years
from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever
occurs first.
(b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging
the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth
in subdivision (a).
(c) The limitation provided for by subdivision (a) shall be tolled for the length of time required to obtain
compliance when a report required to be filed by the licensee or registrant with the board pursuant
to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion.
(d) If an alleged act or omission involves a minor, the seven-year limitations period provided for by
subdivision (a) and the 10-year limitations period provided for by subdivision (e) shall be tolled until
the minor reaches the age of majority.
(e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging
sexual misconduct shall be filed within three years after the board discovers the act or omission
alleged as the grounds for disciplinary action, or within 10 years after the act or omission alleged as
the grounds for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a
complaint alleging sexual misconduct received by the board on and after January 1, 2002.
(f) The limitations period provided by subdivision (a) shall be tolled during any period if material
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evidence necessary for prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal investigation.
(g) For purposes of this section, “discovers” means the later of the occurrence of any of the following
with respect to each act or omission alleged as the basis for disciplinary action:
(1) The date the board received a complaint or report describing the act or omission.
(2) The date, subsequent to the original complaint or report, on which the board became aware of
any additional acts or omissions alleged as the basis for disciplinary action against the same
individual.
(3) The date the board receives from the complainant a written release of information pertaining to
the complainant’s diagnosis and treatment.
UNCODIFIED LAW RELATING TO SECTION 4982.05
This act shall apply to all accusations filed on or after January 1, 2000.
§ 4982.1. MENTAL ILLNESS OR CHEMICAL DEPENDENCY; GROUNDS FOR REFUSAL TO
LICENSE OR REGISTER
The board may refuse to issue any registration or license whenever it appears that an applicant may be
unable to practice his or her profession safely due to mental illness or chemical dependency. The
procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any
denial of a license or registration pursuant to this section.
§ 4982.15. PLACING OF LICENSE OR REGISTRATION ON PROBATION; CIRCUMSTANCES
(a) The board may place a license or registration on probation under the following circumstances:
(1) In lieu of, or in addition to, any order of the board suspending or revoking the license or
registration of any licensee or associate.
(2) Upon the issuance of a license to an individual who has been guilty of unprofessional conduct,
but who had otherwise completed all education and training and experience required for
licensure.
(3) As a condition upon the reissuance or reinstatement of any license that has been suspended
or revoked by the board.
(b) The board may adopt regulations establishing a monitoring program to ensure compliance with
any terms or conditions of probation imposed by the board pursuant to subdivision (a). The cost of
probation or monitoring may be ordered to be paid by the licensee, registrant, or applicant.
(c) The board, in its discretion, may require any licensee or registrant who has been placed on
probation, or whose license or registration has been suspended, to obtain additional professional
training, and to pass an examination upon completion of that training, and to pay any necessary
examination fee. The examination may be written, oral, or a practical or clinical examination.
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§ 4982.25. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE OR
REGISTRATION; GROUNDS
The board may deny an application, or may suspend or revoke a license or registration issued under
this chapter, for any of the following:
(a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by
another state or territory or possession of the United States, or by any other governmental agency,
on a license, certificate, or registration to practice marriage and family therapy, or any other healing
art, shall constitute unprofessional conduct. A certified copy of the disciplinary action decision or
judgment shall be conclusive evidence of that action.
(b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice
as a marriage and family therapist, clinical social worker, professional clinical counselor, or
educational psychologist shall also constitute grounds for disciplinary action for unprofessional
conduct against the licensee or registrant under this chapter.
§ 4982.26. DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN
SEXUAL CONTACT WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION
The board shall revoke any license issued under this chapter upon a decision made in accordance with
the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any
act of sexual contact, as defined in Section 729, when that act is with a patient, or with a former patient
when the relationship was terminated primarily for the purpose of engaging in that act. The revocation
shall not be stayed by the administrative law judge or the board.
§ 4982.3. CONDUCT OF PROCEEDINGS
The proceedings conducted under this article shall be held in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
ARTICLE 3. PENALTIES
§ 4983. VIOLATION; MISDEMEANOR; PUNISHMENT
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by
imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five
hundred dollars ($2,500), or by both.
§ 4983.1. INJUNCTION
In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is
about to engage, in any acts or practices which constitute, or will constitute, an offense against this
chapter, the superior court in and for the county wherein the acts or practices take place, or are about
to take place, may issue an injunction, or other appropriate order, restraining such conduct on
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application of the board, the Attorney General, or the district attorney of the county.
The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of
Title 7 of Part 2 of the Code of Civil Procedure.
ARTICLE 4. REVENUE
§ 4984. EXPIRATION OF LICENSES; RENEWAL OF UNEXPIRED LICENSES
(a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The
expiration date of the original license shall be set by the board.
(b) To renew an unexpired license, the licensee, on or before the expiration date of the license, shall do
all of the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements set forth in Section 4980.54.
(4) Notify the board whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or
licensing board in this or any other state, subsequent to the licensee’s last renewal.
§ 4984.01. ASSOCIATE REGISTRATION; DURATION; RENEWAL
(a) The associate marriage and family therapist registration shall expire one year from the last day of
the month in which it was issued.
(b) To renew the registration, the registrant shall, on or before the expiration date of the registration,
complete all of the following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Participate in the California law and ethics examination pursuant to Section 4980.399 each
year until successful completion of this examination.
(4) Notify the board whether they have been convicted, as defined in Section 490, of a
misdemeanor or felony, and whether any disciplinary action has been taken against them by a
regulatory or licensing board in this or any other state subsequent to the last renewal of the
registration.
(5) Certify under penalty of perjury their compliance with the continuing education requirements
set forth in Section 4980.54.
(c) An expired registration may be renewed by completing all of the actions described in paragraphs
(1) to (5), inclusive, of subdivision (b).
(d) The registration may be renewed a maximum of five times. No registration shall be renewed or
reinstated beyond six years from the last day of the month during which it was issued, regardless
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of whether it has been revoked. When no further renewals are possible, an applicant may apply
for and obtain a subsequent associate registration number if the applicant meets the educational
requirements for a subsequent associate registration number and has passed the California law
and ethics examination. An applicant who is issued a subsequent associate registration number
pursuant to this subdivision shall not be employed or volunteer in a private practice.
§ 4984.1. RENEWAL OF EXPIRED LICENSES
A licensee may renew a license at any time within three years after its expiration by completing all of
the actions described in subdivision (b) of Section 4984 and paying any delinquency fees.
§ 4984.2. SUSPENDED LICENSE; RENEWAL
A suspended license is subject to expiration and shall be renewed as provided in this article, but such
renewal does not entitle the licensee, while it remains suspended and until it is reinstated, to engage in
the activity to which the license relates, or in any other activity or conduct in violation of the order or
judgment by which it was suspended.
§ 4984.3. REVOKED LICENSE; REINSTATEMENT
A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is
reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a
reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date
before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its
revocation.
§ 4984.4. TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE
A license that is not renewed within three years after its expiration shall not be renewed, restored,
reinstated, or reissued; however, the former licensee may apply for and obtain a new license if the
following criteria are satisfied:
(a) No fact, circumstance, or condition exists that, if the license were issued, would constitute grounds
for its revocation or suspension.
(b) He or she submits an application for licensure and the fee for that application.
(c) He or she takes and passes the current licensing examinations.
(d) He or she submits the fee for initial license issuance.
(e) He or she complies with the fingerprint requirements established by board regulation.
§ 4984.41. ISSUANCE OF A RETIRED LICENSE – MARRIAGE AND FAMILY THERAPIST
(a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired
license to a marriage and family therapist who holds a license that is current and active or a
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license that is inactive, and whose license is not suspended, revoked, or otherwise punitively
restricted by the board or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this section shall not engage in any activity for
which an active marriage and family therapist license is required.
(c) The holder of a retired license shall not be required to renew that license.
(d) The holder of a retired license may apply to restore to active status his or her license to practice
marriage and family therapy if that retired license was issued less than three years prior to the
application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Pays the renewal fee required by this chapter.
(3) Completes the required continuing education as specified in Section 4980.54.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license
was issued in accordance with this section less than one year from the date of the application,
shall complete 18 hours of continuing education as specified in Section 4980.54.
(f) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license was
issued in accordance with this section one or more years from the date of the application, shall
complete 36 hours of continuing education as specified in Section 4980.54.
(g) The holder of a retired license may apply to restore to active status his or her license to practice
marriage and family therapy if that retired license was issued three or more years prior to the
application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Applies for licensure and pays the fee required by this chapter.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
§ 4984.5. BOARD REPORT AND PAYMENT OF REVENUE
The board shall report each month to the Controller the amount and source of all revenue received
pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for
credit to the Behavioral Sciences Fund.
§ 4984.7. FEE SCHEDULE
(a) The board shall assess the following fees relating to the licensure of marriage and family
therapists:
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(1) The application fee for an associate registration shall be one hundred fifty dollars ($150). The
board may adopt regulations to set the fee at a higher amount, up to a maximum of three
hundred dollars ($300).
(2) The annual renewal fee for an associate registration shall be one hundred fifty dollars ($150).
The board may adopt regulations to set the fee at a higher amount, up to a maximum of three
hundred dollars ($300).
(3) The fee for the application for licensure shall be two hundred fifty dollars ($250). The board
may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred
dollars ($500).
(4) (A) (i) The fee for the clinical examination shall be two hundred fifty dollars ($250). The board
may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred
dollars ($500).
(ii) The fee for the California law and ethics examination shall be one hundred fifty dollars
($150). The board may adopt regulations to set the fee at a higher amount, up to a
maximum of three hundred dollars ($300).
(B) An applicant who fails to appear for an examination, after having been scheduled to take
the examination, shall forfeit the examination fee.
(C) The amount of the examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading each examination and the actual cost to the board of
administering each examination. The examination fees shall be adjusted periodically by
regulation to reflect the actual costs incurred by the board.
(5) The fee for rescoring an examination shall be twenty dollars ($20).
(6) The fee for the issuance of an initial license shall be two hundred dollars ($200). The board
may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred
dollars ($400).
(7) The fee for the two-year license renewal shall be two hundred dollars ($200). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars
($400).
(8) The renewal delinquency fee shall be one-half of the fee for license renewal. A person who
permits their license to expire is subject to the delinquency fee.
(9) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars
($20).
(10) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars
($25).
(11) The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.
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§ 4984.72. FAILED CLINICAL EXAMINATION; REEXAMINATION; NEW APPLICATION
REQUIREMENT
(a) Effective January 1, 2016, an applicant who fails the clinical examination may, within one year
from the notification date of that failure, retake the examination as regularly scheduled without
further application upon payment of the fee for the examination. Thereafter, the applicant shall not
be eligible for further examination until he or she files a new application, meets all requirements in
effect on the date of application, and pays all required fees.
(b) This section shall become operative on January 1, 2016.
§ 4984.75. ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER
EDUCATION FUND
(a) In addition to the fees charged pursuant to Section 4984.7 for the biennial renewal of a license
pursuant to Section 4984, the board shall collect an additional fee of twenty dollars ($20) at the
time of renewal. The board shall transfer this amount to the Controller who shall deposit the funds
in the Mental Health Practitioner Education Fund.
(b) This section shall become operative on July 1, 2018.
§ 4984.8. INACTIVE LICENSE
(a) A licensee may apply to the board to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice
of marriage and family therapy in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee in the amount of one-half of the
standard renewal fee and shall be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for
denial of licensure may, upon request, restore his or her license to practice marriage and family
therapy to active status.
(1) A licensee requesting to restore his or her license to active status between renewal cycles
shall pay the remaining one-half of his or her renewal fee.
(2) A licensee requesting to restore his or her license to active status, whose license will expire
less than one year from the date of the request, shall complete 18 hours of continuing
education as specified in Section 4980.54.
(3) A licensee requesting to restore his or her license to active status, whose license will expire
more than one year from the date of the request, shall complete 36 hours of continuing
education as specified in Section 4980.54.
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§ 4984.9. LICENSEE OR REGISTRANT NAME CHANGE
A licensee or registrant shall give written notice to the board of a name change, giving both the old
and new names. The written notice shall be submitted to the board within 30 days of the issuance of
a new government-issued photographic identification. The licensee or registrant shall certify the
information by signing a statement under penalty of perjury. A copy of both of the following
documents evidencing the change shall be submitted with the notice:
(a) A current government-issued photographic identification.
(b) The legal document authorizing the name change, such as a court order or a marriage certificate.
ARTICLE 6. MARRIAGE AND FAMILY THERAPIST CORPORATIONS
§ 4987.5. DEFINITION
A marriage and family therapy corporation is a corporation that is authorized to render professional
services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its
shareholders, officers, directors, and employees rendering professional services are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of
Division 3 of Title 1 of the Corporations Code), this article, and any other statute or regulation
pertaining to that corporation and the conduct of its affairs. With respect to a marriage and family
therapy corporation, the governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the Board of Behavioral Sciences.
§ 4987.6. UNPROFESSIONAL CONDUCT
It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under
this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or
conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act
(Part 4(commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or any
regulations duly adopted under those laws.
§ 4987.7. NAME
The name of a marriage and family therapy corporation shall contain one or more of the words
"marriage," "family," or "child" together with one or more of the words "counseling," "counselor,"
"therapy," or "therapist," and wording or abbreviations denoting corporate existence. A marriage and
family therapy corporation that conducts business under a fictitious business name shall not use any
name that is false, misleading or deceptive, and shall inform the patient, prior to the commencement of
treatment, that the business is conducted by a marriage and family therapy corporation.
§ 4987.8. DIRECTORS, SHAREHOLDERS AND OFFICERS; NECESSITY OF LICENSE
Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer
of a marriage and family therapy corporation shall be a licensed person as defined in the Moscone-
Knox Professional Corporation Act.
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§ 4988. INCOME FOR PROFESSIONAL SERVICES NOT TO ACCRUE TO DISQUALIFIED
SHAREHOLDERS
The income of a marriage and family therapy corporation attributable to professional services rendered
while a shareholder is a disqualified person (as defined in the Moscone-Knox Professional Corporation
Act) shall not in any manner accrue to the benefit of that shareholder or his or her shares in the
marriage and family therapy corporation.
§ 4988.1. CORPORATE UNPROFESSIONAL CONDUCT
A marriage and family therapy corporation shall not do or fail to do any act the doing of which or the
failure to do which would constitute unprofessional conduct under any statute, rule or regulation now or
hereafter in effect. In the conduct of its practice, it shall observe and be bound by statutes, rules and
regulations to the same extent as a person holding a license as a marriage and family therapist.
§ 4988.2. RULES AND REGULATIONS
The board may formulate and enforce rules and regulations to carry out the purposes and objectives of
this article, including rules and regulations requiring (a) that the articles of incorporation or bylaws of a
marriage and family therapy corporation shall include a provision whereby the capital stock of the
corporation owned by a disqualified person (as defined in the Moscone-Knox Professional Corporation
Act), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the
corporation within the time that rules and regulations may provide, and (b) that a marriage and family
therapy corporation shall provide adequate security by insurance or otherwise for claims against it by its
patients arising out of the rendering of professional services.
ARTICLE 7. REVIEW
§ 4989. POWERS AND DUTIES OF BOARD; DATE OF REVIEW
The powers and duties of the board, as set forth in this chapter, shall be subject to the review required
by Division 1.2 (commencing with Section 473). The first review shall be performed as if this chapter
were scheduled to become inoperative on July 1, 2005, and would be repealed as of January 1, 2006,
as described in Section 473.1.
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CHAPTER 13.5. LICENSED EDUCATIONAL PSYCHOLOGISTS
Note to the reader: This Chapter contains the Educational Psychologist Practice Act. It should be
reviewed in conjunction with the regulation section of this book. However, the materials shown here
do not encompass all laws applicable to the profession. You can utilize the following links as a
resource for searching all statutes and regulations related to the profession.
California Statutes
California Code of Regulations
ARTICLE 1. GENERAL
§ 4989.10. EDUCATIONAL PSYCHOLOGIST PRACTICE ACT
This chapter shall be known, and may be cited as, the Educational Psychologist Practice Act.
§ 4989.12. ADMINISTRATION AND ENFORCEMENT OF CHAPTER
The Board of Behavioral Sciences shall administer and enforce the provisions of this chapter. For the
purposes of this chapter it shall be designated as the board.
§ 4989.13. ENGAGING IN PRACTICE
A person engages in the practice of educational psychology when he or she performs or offers to
perform or holds himself or herself out as able to perform this service for remuneration in any form,
including donations.
§ 4989.14. SCOPE OF PRACTICE
(a) The practice of educational psychology is the performance of any of the following professional
functions pertaining to academic learning processes or the educational system or both:
(1) Educational evaluation.
(2) Diagnosis of psychological disorders related to academic learning processes.
(3) Administration of diagnostic tests related to academic learning processes including tests of
academic ability, learning patterns, achievement, motivation, and personality factors.
(4) Interpretation of diagnostic tests related to academic learning processes including tests of
academic ability, learning patterns, achievement, motivation, and personality factors.
(5) Providing psychological counseling for individuals, groups, and families.
(6) Consultation with other educators and parents on issues of social development and behavioral
and academic difficulties.
(7) Conducting psychoeducational assessments for the purposes of identifying special needs.
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(8) Developing treatment programs and strategies to address problems of adjustment.
(9) Coordinating intervention strategies for management of individual crises.
(b) For purposes of supervising an associate marriage and family therapist or a marriage and family
therapist trainee pursuant to Section 4980.03, an associate clinical social worker pursuant to
Section 4996.20, or an associate professional clinical counselor pursuant to Section 4999.12,
“educationally related mental health services” are mental health services provided to clients who
have social, emotional, or behavioral issues that interfere with their educational progress. These
services include all of the following:
(1) Educationally related counseling services to clients qualified for special education that are
necessary to receive a free appropriate public education in the least restrictive environment
pursuant to the federal requirements of Section 1412 of Title 20 of the United States Code.
(2) Intensive counseling services on a continuum that may reflect an increase in frequency,
duration, or staff specialization to address the client’s emotional and behavioral needs.
(3) Counseling services provided by qualified practitioners.
(4) Parent counseling and training.
(5) Psychological services that include consulting with staff members in planning school programs
to meet the client’s educational needs and assisting in developing positive behavioral
intervention strategies for the client.
(6) Social work services such as preparing a social or developmental history on a client with a
disability.
(7) Group and individualized counseling with the client and family.
(8) Mobilizing school and community resources to enable the client to learn as effectively as
possible in their educational program, as outlined in Section 300.34 of Title 34 of the Code of
Federal Regulations.
§ 4989.16. LICENSING EXCEPTIONS
(a) A person appropriately credentialed by the Commission on Teacher Credentialing may perform
the functions authorized by that credential in a public school without a license issued under this
chapter by the board.
(b) Nothing in this chapter shall be construed to constrict, limit, or withdraw the Medical Practice Act
(Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)), the Psychology Licensing Law (Chapter 6.6 (commencing with Section
2900)), the Licensed Marriage and Family Therapist Practice Act (Chapter 13 (commencing with
Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section
4991)), or the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with
Section 4999.10)).
§ 4989.17. REQUIRED NOTICE TO CLIENTS
(a) On and after July 1, 2020, a licensee shall provide a client with a notice written in at least 12-point
type prior to initiating psychological services, or as soon as practicably possible thereafter, that
reads as follows:
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NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services
provided within the scope of practice of licensed educational psychologists. You may contact the
board online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b) Delivery of the notice required by this section to the client shall be documented.
§ 4989.18. RULES OF PROFESSIONAL CONDUCT
The board may, by rules or regulations, adopt, amend, or repeal rules of professional conduct
appropriate to the establishment and maintenance of a high standard of integrity and dignity in the
profession, provided those rules or regulations are not inconsistent with Section 4989.54. Every
person licensed under this chapter shall be governed by those rules of professional conduct.
ARTICLE 2. LICENSURE
§ 4989.20. LICENSURE REQUIREMENTS
(a) The board may issue a license as an educational psychologist if the applicant satisfies, with proof
satisfactory to the board, the following requirements:
(1) Possession of, at minimum, a master’s degree in psychology, educational psychology, school
psychology, counseling and guidance, or a degree deemed equivalent by the board. This
degree shall be obtained from an educational institution approved by the board according to
the regulations adopted under this chapter.
(2) Attainment of 18 years of age.
(3) Is not subject to denial of licensure pursuant to Section 480.
(4) Successful completion of 60 semester hours of postgraduate work in pupil personnel services.
(5) Two years of full-time, or the equivalent to full-time, experience as a credentialed school
psychologist in the public schools. The applicant shall not be credited with experience obtained
more than six years prior to filing the application for licensure.
(6) One of the following:
(A) One year of supervised professional experience in an accredited school psychology
program.
(B) In addition to the requirements of paragraph (5), one year of full-time, or the equivalent to
full-time, experience as a credentialed school psychologist in the public schools obtained
under the direction of a licensed educational psychologist or a licensed psychologist.
(7) Passage of an examination specified by the board.
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§ 4989.22. EXAMINATION
(a) Only persons who satisfy the requirements of Section 4989.20 are eligible to take the licensure
examination.
(b) An applicant who fails the written examination may, within one year from the notification date of
failure, retake the examination as regularly scheduled without further application. Thereafter, the
applicant shall not be eligible for further examination until the applicant files a new application,
meets all current requirements, and pays all fees required.
(c) Notwithstanding any other provision of law, the board may destroy all examination materials two
years after the date of an examination.
(d) The board shall not deny any applicant, whose application for licensure is complete, admission to
the written examination, nor shall the board postpone or delay any applicant’s written examination,
solely upon the receipt by the board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
(e) Notwithstanding Section 135, the board may deny any applicant who has previously failed the
written examination permission to retake the examination pending completion of the investigation
of any complaint against the applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the results, or refusing to issue a
license to any applicant when an accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code, or the applicant has been
denied in accordance with subdivision (b) of Section 485.
§ 4989.23. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK
ASSESSMENT AND INTERVENTION
(a) On or after January 1, 2021, an applicant for licensure as an educational psychologist shall show,
as part of the application, that they have completed a minimum of six hours of coursework or
applied experience under supervision in suicide risk assessment and intervention. This
requirement shall be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained as part of their applied experience. Applied experience can be met in any of the
following settings: practicum, supervised experience gained pursuant to Section 4989.20,
formal postdoctoral placement that meets the requirements of Section 2911, or other qualifying
supervised experience. To satisfy this requirement, the applicant shall submit to the board a
written certification from the director of training for the program or primary supervisor where the
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qualifying experience has occurred stating that the training required by this section is included
within the applied experience.
(3) By taking a continuing education course that meets the requirements of Section 4989.34. To
satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee prior to the time of their first renewal after January 1, 2021,
or an applicant for reactivation or reinstatement to an active license status on or after January 1,
2021, shall have completed a minimum of six hours of coursework or applied experience under
supervision in suicide risk assessment and intervention, using one of the methods specified in
subdivision (a). Proof of compliance with this section shall be certified under penalty of perjury that
they are in compliance with this section and shall be retained for submission to the board upon
request.
§ 4989.23.1. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH
SERVICES VIA TELEHEALTH
(a) On or after July 1, 2023, an applicant for licensure as an educational psychologist shall show, as
part of the application, that they have completed a minimum of three hours of training or
coursework in the provision of mental health services via telehealth, which shall include law and
ethics related to telehealth. This requirement shall be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section
4989.34. To satisfy this requirement, the applicant shall submit to the board a certification of
completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or
an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023,
shall have completed a minimum of three hours of training or coursework in the provision of
mental health services via telehealth, which shall include law and ethics related to telehealth,
using one of the methods specified in subdivision (a).
(c) Proof of compliance with subdivision (b) shall be certified under penalty of perjury that they are in
compliance with this section and shall be retained for submission to the board upon request.
§ 4989.24. CONVICTION INVOLVING SEXUAL ABUSE OF CHILDREN
(a) The board shall not issue a license to a person who has been convicted of a crime in this or any
other state or in a territory of the United States that involves sexual abuse of children or who is
required to register pursuant to Section 290 of the Penal Code or the equivalent in another state
or territory.
(b) A denial issued pursuant to this section shall comply with the conditions for denial specified in
Section 480.
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§ 4989.26. GROUNDS FOR REFUSAL TO ISSUE LICENSE; MENTAL ILLNESS OR CHEMICAL
DEPENDENCY
The board may refuse to issue a license to an applicant if it appears he or she may be unable to
practice safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5
(commencing with Section 820) of Chapter 1 shall apply to a denial of a license pursuant to this section.
§ 4989.28. DENIAL OF APPLICATION FOR UNPROFESSIONAL CONDUCT
The board may deny an application for licensure if the applicant is or has been guilty of unprofessional
conduct as described in Section 4989.54.
ARTICLE 3. RENEWAL AND CONTINUING EDUCATION
§ 4989.30. EXPIRATION OF LICENSE
A license issued under this chapter shall expire no later than 24 months after its date of issue. The
expiration date of the original license shall be set by the board.
§ 4989.32. RENEWAL OF UNEXPIRED LICENSE
To renew an unexpired license, the licensee shall, on or before the expiration date of the license, take
all of the following actions:
(a) Apply for renewal on a form prescribed by the board.
(b) Pay a two-year renewal fee prescribed by the board.
(c) Inform the board of whether the licensee has been convicted, as defined in Section 490, of any
misdemeanor or felony and whether any disciplinary action has been taken by a regulatory or
licensing board in this or any other state after the prior issuance or renewal of a license.
(d) Complete the continuing education requirements described in Section 4989.34.
§ 4989.34. CONTINUING EDUCATION REQUIREMENTS
(a) To renew a license, a licensee shall certify to the board, on a form prescribed by the board,
completion in the preceding two years of not less than 36 hours of approved continuing education
in, or relevant to, educational psychology.
(b) (1) The continuing education shall be obtained from either an accredited university or a continuing
education provider as specified by the board by regulation.
(2) The board shall establish, by regulation, a procedure identifying acceptable providers of
continuing education courses, and all providers of continuing education shall comply with
procedures established by the board. The board may revoke or deny the right of a provider to
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offer continuing education coursework pursuant to this section for failure to comply with this
section or any regulation adopted pursuant to this section.
(c) Training, education, and coursework by approved providers shall incorporate one or more of the
following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of
educational psychology.
(2) Aspects of the discipline of educational psychology in which significant recent developments
have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of educational
psychology.
(d) The board may audit the records of a licensee to verify completion of the continuing education
requirement. A licensee shall maintain records of the completion of required continuing education
coursework for a minimum of two years and shall make these records available to the board for
auditing purposes upon its request.
(e) The board may establish exceptions from the continuing education requirements of this section for
good cause, as determined by the board.
(f) The continuing education requirements of this section shall comply fully with the guidelines for
mandatory continuing education established by the Department of Consumer Affairs pursuant to
Section 166.
§ 4989.36. RENEWAL OF EXPIRED LICENSE
A licensee may renew a license that has expired at any time within three years after its expiration
date by taking all of the actions described in Section 4989.32 and by paying the delinquency fee.
§ 4989.38. SUSPENDED LICENSE; RENEWAL
A suspended license is subject to expiration and shall be renewed as provided in this article, but such
renewal does not entitle the licensee, while it remains suspended and until it is reinstated, to engage
in the activity to which the license relates, or in any other activity or conduct in violation of the order or
judgment by which it was suspended.
§ 4989.40. REVOKED LICENSE; REINSTATEMENT
A revoked license is subject to expiration as provided in this article and shall not be renewed. The
applicant may apply to the board for reinstatement of their license. If it is reinstated after its expiration,
the licensee shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount
equal to the renewal fee in effect on the last regular renewal date before the date on which it is
reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.
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§ 4989.42. TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE
A license that is not renewed within three years after its expiration may not be renewed, restored,
reinstated, or reissued thereafter. A former licensee may apply for a new license if he or she satisfies
all of the following requirements:
(a) No fact, circumstance, or condition exists that, if the license were issued, would constitute grounds
for its revocation or suspension.
(b) Payment of the fees that would be required if he or she were applying for a license for the first
time.
(c) Passage of the current licensure examination.
(d) He or she complies with the fingerprint requirements established by board regulation.
§ 4989.44. INACTIVE LICENSE
(a) A licensee may apply to the board to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of
educational psychology in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee of one-half of the amount of the
standard renewal fee.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial
of licensure may, upon request, restore his or her license to practice educational psychology to
active status. A licensee requesting that his or her license be placed on active status between
renewal cycles shall pay the remaining one-half of his or her renewal fee. A licensee requesting to
restore his or her license to active status, whose license will expire less than one year from the date
of the request, shall complete 18 hours of continuing education as specified in Section 4989.34. A
licensee requesting to restore his or her license to active status, whose license will expire more than
one year from the date of the request, shall complete 36 hours of continuing education as specified
in Section 4989.34.
§ 4989.45. ISSUANCE OF A RETIRED LICENSE – LICENSED EDUCATIONAL PSYCHOLOGIST
(a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired
license to a licensed educational psychologist who holds a license that is current and active or a
license that is inactive, and whose license is not suspended, revoked, or otherwise punitively
restricted by the board or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this section shall not engage in any activity for
which an active educational psychologist license is required.
(c) The holder of a retired license shall not be required to renew that license.
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(d) The holder of a retired license may apply to restore to active status his or her license to practice
educational psychology if that retired license was issued less than three years prior to the
application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Pays the renewal fee fixed by this chapter.
(3) Completes the required continuing education as specified in Section 4989.34.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license
was issued in accordance with this section less than one year from the date of the application,
shall complete 18 hours of continuing education as specified in Section 4989.34.
(f) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license was
issued in accordance with this section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section 4989.34.
(g) The holder of a retired license may apply to restore to active status his or her license to practice
educational psychology if that retired license was issued three or more years prior to the
application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Applies for licensure and pays the required fee.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
ARTICLE 4. REGULATION
§ 4989.46. NAME CHANGE REQUIREMENTS
A licensee shall give written notice to the board of a name change, providing both the old and new
names. The written notice shall be submitted to the board within 30 days of the issuance of a new
government-issued photographic identification. The licensee shall certify the information is correct by
signing a statement under penalty of perjury. A copy of both of the following documents evidencing
the change shall be submitted with the notice:
(a) A current government-issued photographic identification.
(b) The legal document authorizing the name change, such as a court order or a marriage certificate.
§ 4989.47. FICTITIOUS BUSINESS NAMES
Any licensed educational psychologist who conducts a private practice under a fictitious business
name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior
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to the commencement of treatment, of the name and license designation of the owner or owners of
the practice.
§ 4989.48. DISPLAY OF LICENSE
A licensee shall display his or her license in a conspicuous place in the licensee's primary place of
practice.
§ 4989.49. ADVERTISING
"Advertising," as used in this chapter, includes, but is not limited to, any public communication as
defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or
the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in
any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting
qualification. Signs within religious buildings or notices in bulletins from a religious organization
mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
§ 4989.50. NECESSITY OF LICENSE; UNAUTHORIZED REPRESENTATION AS A LICENSEE
Except as authorized by this chapter, it is unlawful for any person to practice educational psychology or
use any title or letters that imply that he or she is a licensed educational psychologist unless, at the time
of so doing, he or she holds a valid, unexpired, and unrevoked license issued under this chapter.
§ 4989.51. CLIENT RECORDS: RETENTION
(a) A licensed educational psychologist shall retain a client’s health service records for a minimum of
seven years from the date therapy is terminated. If the client is a minor, the client’s health service
records shall be retained for a minimum of seven years from the date the client reaches 18 years
of age. Health service records may be retained in either a written or an electronic format.
(b) This section shall apply only to the records of a client whose therapy is terminated on or after
January 1, 2015.
§ 4989.52. COMPENSATION IN RELATION TO PROFESSIONAL COUNSELING SERVICES
All consideration, compensation, or remuneration received by the licensee shall be in relation to
professional counseling services actually provided by the licensee. Nothing in this section shall prevent
collaboration among two or more licensees in a case. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made to the client.
ARTICLE 5. ENFORCEMENT
§ 4989.54. UNPROFESSIONAL CONDUCT
The board may deny a license or may suspend or revoke the license of a licensee if the person has
been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the
following:
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(a) Conviction of a crime substantially related to the qualifications, functions, and duties of an
educational psychologist.
(1) The record of conviction shall be conclusive evidence only of the fact that the conviction
occurred.
(2) The board may inquire into the circumstances surrounding the commission of the crime in
order to fix the degree of discipline or to determine if the conviction is substantially related to
the qualifications, functions, or duties of a licensee under this chapter.
(3) A conviction has the same meaning as defined in Section 7.5.
(4) The board may order a license suspended or revoked, or may decline to issue a license when
the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or
when an order granting probation is made suspending the imposition of sentence. All actions
pursuant to this subdivision shall be taken pursuant to Division 1.5 (commencing with Section
475).
(b) Securing a license by fraud, deceit, or misrepresentation on an application for licensure submitted
to the board, whether engaged in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to themselves a controlled substance or using any of the dangerous drugs specified
in Section 4022 or an alcoholic beverage to the extent, or in a manner, as to be dangerous or
injurious to themselves or to any other person or to the public or to the extent that the use impairs
their ability to safely perform the functions authorized by the license. The board shall deny an
application for a license or revoke the license of any person, other than one who is licensed as a
physician and surgeon, who uses or offers to use drugs in the course of performing educational
psychology.
(d) Failure to comply with the consent provisions in Section 2290.5.
(e) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section
651.
(f) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any
regulation adopted by the board.
(g) Commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications,
functions, or duties of a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by
another state or territory or possession of the United States or by any other governmental agency,
on a license, certificate, or registration to practice educational psychology or any other healing art.
A certified copy of the disciplinary action, decision, or judgment shall be conclusive evidence of
that action.
(i) Revocation, suspension, or restriction by the board of a license, certificate, or registration to
practice as an educational psychologist, a clinical social worker, professional clinical counselor, or
marriage and family therapist.
(j) Failure to keep records consistent with sound clinical judgment, the standards of the profession,
and the nature of the services being rendered.
(k) Gross negligence or incompetence in the practice of educational psychology.
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(l) Misrepresentation as to the type or status of a license held by the licensee or otherwise
misrepresenting or permitting misrepresentation of the licensee’s education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm to any client.
(n) Engaging in sexual relations with a client or a former client within two years following termination
of professional services, soliciting sexual relations with a client, or committing an act of sexual
abuse or sexual misconduct with a client or committing an act punishable as a sexually related
crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a
licensed educational psychologist.
(o) Before the commencement of treatment, failing to disclose to the client or prospective client the
fee to be charged for the professional services or the basis upon which that fee will be computed.
(p) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether
monetary or otherwise, for the referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise required or permitted by law, of all
information that has been received from a client in confidence during the course of treatment and
all information about the client that is obtained from tests or other means.
(r) Performing, holding oneself out as being able to perform, offering to perform, or permitting any
unlicensed person under supervision to perform, any professional services beyond the scope of
the license authorized by this chapter or beyond the person’s field or fields of competence as
established by the person’s education, training, or experience. For purposes of this subdivision,
“unlicensed person” includes, but is not limited to, an applicant for licensure, an associate, an
intern, or a trainee under the Licensed Marriage and Family Therapist Act (Chapter 13
(commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14
(commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter
16 (commencing with Section 4999.10)).
(s) Reproducing or describing in public, or in any publication subject to general public distribution, any
psychological test or other assessment device the value of which depends in whole or in part on
the naivete of the subject in ways that might invalidate the test or device. An educational
psychologist shall limit access to the test or device to persons with professional interests who can
be expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct requiring a license under this
chapter.
(u) When employed by another person or agency, encouraging, either orally or in writing, the
employer’s or agency’s clientele to utilize the person’s private practice for further counseling
without the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse reporting requirements of Section
15630 of the Welfare and Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the
Health and Safety Code.
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(y) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of,
the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code
regardless of whether the act occurred prior to or after the time the registration or license was
issued by the board. An act described in this subdivision occurring prior to the effective date of
this subdivision shall constitute unprofessional conduct and shall subject the licensee to
refusal, suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of the public, and in particular
minors, from sexual misconduct by a licensee is a compelling governmental interest, and that
the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the
effective date of this section is equally important to protecting the public as is the ability to
refuse a license for sexual conduct with a minor occurring prior to the effective date of this
section.
(z) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the
administration of the examination as described in Section 123.
(aa) Impersonation of another by any licensee or applicant for a license, or, in the case of a licensee,
allowing any other person to use the person’s license.
(ab) Permitting an unlicensed person under the licensee’s supervision or control to perform, or
permitting that person to hold themselves out as competent to perform, mental health services
beyond the unlicensed person’s level of education, training, or experience. For purposes of this
subdivision, “unlicensed person” is defined in subdivision (r).
(ac) The violation of any statute or regulation governing the gaining and supervision of experience of
an unlicensed person, including an unlicensed person identified in subdivision (ab), by a
licensee that violates this chapter, the Licensed Marriage and Family Therapist Act (Chapter 13
(commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14
(commencing with Section 4991)), the Licensed Professional Clinical Counselor Act (Chapter 16
(commencing with Section 4999.10)), or any rules or regulations adopted by the board pursuant
to those provisions. For purposes of this subdivision, “unlicensed person” is defined in
subdivision (r).
(ad) The violation of any statute or regulation governing the gaining and supervision of experience of
an unlicensed person required by the Licensed Marriage and Family Therapist Act (Chapter 13
(commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14
(commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter
16 (commencing with Section 4999.10)).
§ 4989.56. REVOCATION OF LICENSE; USE OF DRUGS IN PRACTICE
The board shall revoke the license of a licensee, other than one who is also licensed as a physician and
surgeon, who uses or offers to use drugs in the course of his or her practice as an educational
psychologist.
§ 4989.58. REVOCATION OF LICENSE DUE TO SEXUAL CONTACT WITH A CLIENT
The board shall revoke the license of a licensee upon a decision that contains a finding of fact that the
licensee engaged in an act of sexual contact, as defined in Section 729, when that act is with a client,
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or with a former client and the relationship was terminated primarily for the purpose of engaging in that
act. The revocation shall not be stayed by the administrative law judge or the board.
§ 4989.60. PROHIBITED ACTIVITIES PENDING REINSTATEMENT OF LICENSE
A person whose license has been suspended or revoked shall not, until the reinstatement of his or her
license, engage in any activity to which the license relates or any other activity or conduct in violation of
the order or judgment by which the license was suspended.
§ 4989.62. CONDUCT OF DISCIPLINARY PROCEEDINGS
All proceedings by the board to suspend, revoke, or to take other disciplinary action against a licensee
shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
§ 4989.64. ISSUANCE OF INJUNCTION OR OTHER ORDER TO RESTRAIN CONDUCT
In addition to other proceedings provided for in this chapter, whenever a person has engaged, or is
about to engage, in an act or practice that constitutes, or will constitute, an offense against this chapter,
the superior court in and for the county where the act or practice takes place, or is about to take place,
may issue an injunction, or other appropriate order, restraining that conduct on application of the board,
the Attorney General, or the district attorney of the county. The proceedings under this section shall be
governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure.
§ 4989.66. VIOLATION OF CHAPTER; MISDEMEANOR
A person who violates any of the provisions of this chapter is guilty of a misdemeanor.
ARTICLE 6. REVENUE
§ 4989.68. FEE SCHEDULE
(a) The board shall assess the following fees relating to the licensure of educational psychologists:
(1) The application fee for licensure shall be two hundred fifty dollars ($250). The board may adopt
regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(2) The fee for issuance of the initial license shall be two hundred dollars ($200). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars
($400).
(3) The fee for the two-year license renewal shall be two hundred dollars ($200). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars
($400).
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(4) The delinquency fee shall be one-half of the fee for license renewal. A person who permits
their license to expire shall be subject to the delinquency fee.
(5) The written examination fee shall be two hundred fifty dollars ($250). The board may adopt
regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
An applicant who fails to appear for an examination, once having been scheduled, shall forfeit
any examination fees they paid.
(6) The fee for rescoring a written examination shall be twenty dollars ($20).
(7) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars
($20).
(8) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(9) The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.
§ 4989.70. REPORTING REVENUE TO CONTROLLER; DEPOSIT TO STATE TREASURY
The board shall report each month to the Controller the amount and source of all revenue received
pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for
credit to the Behavioral Sciences Fund.
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CHAPTER 13.7. BOARD OF BEHAVIORAL SCIENCES
Note to the reader: This Chapter contains statutes directly related to the establishment and duties of
the Board of Behavioral Sciences. It should be reviewed in conjunction with the practice acts for
each license type, as well as the regulation section of this book. However, the materials shown here
do not encompass all laws related to the Board and the professions it regulates. You can utilize the
following links as a resource for searching all statutes and regulations related to the Board and the
professions it regulates.
California Statutes
California Code of Regulations
ARTICLE 1. ADMINISTRATION
§ 4990. BOARD MEMBERS
(a) There is in the Department of Consumer Affairs, a Board of Behavioral Sciences that consists of
the following members:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) One state licensed professional clinical counselor.
(5) Seven public members.
(b) Each member, except the seven public members, shall have at least two years of experience in
their profession.
(c) Each member shall reside in the State of California.
(d) The Governor shall appoint five of the public members and the six licensed members with the
advice and consent of the Senate. The Senate Committee on Rules and the Speaker of the
Assembly shall each appoint a public member.
(e) Each member of the board shall be appointed for a term of four years. A member appointed by the
Senate Committee on Rules or the Speaker of the Assembly shall hold office until the appointment
and qualification of their successor or until one year from the expiration date of the term for which
they were appointed, whichever first occurs. Pursuant to Section 1774 of the Government Code, a
member appointed by the Governor shall hold office until the appointment and qualification of their
successor or until 60 days from the expiration date of the term for which they were appointed,
whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the unexpired term by the authority who
appointed the member whose membership was vacated.
(g) Not later than the first of June of each calendar year, the board shall elect a chairperson and a
vice chairperson from its membership.
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(h) Each member of the board shall receive a per diem and reimbursement of expenses as provided
in Section 103.
(i) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(j) Notwithstanding any other provision of law, the repeal of this section renders the board subject to
review by the appropriate policy committees of the Legislature.
§ 4990.02. DEFINITION OF “BOARD”
"Board," as used in this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5
(commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16
(commencing
with Section 4999.10) means the Board of Behavioral Sciences.
§ 4990.04. EXECUTIVE OFFICER
(a) The board shall appoint an executive officer. This position is designated as a confidential position
and is exempt from civil service under subdivision (e) of Section 4 of Article VII of the California
Constitution.
(b) The executive officer serves at the pleasure of the board.
(c) The executive officer shall exercise the powers and perform the duties delegated by the board and
vested in them by this chapter.
(d) With the approval of the director, the board shall fix the salary of the executive officer.
(e) The chairperson and executive officer may call meetings of the board and any duly appointed
committee at a specified time and place. For purposes of this section, “call meetings” means
setting the agenda, time, date, or place for any meeting of the board or any committee.
(f) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
§ 4990.06. EMPLOYEES
Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of
the Government Code) and except as provided by Sections 155, 156, and 159.5, the board may
employ any clerical, technical, and other personnel as it deems necessary to carry out the provisions of
this chapter and the other chapters it administers and enforces, within budget limitations.
§ 4990.07. ELECTRONIC MAIL ADDRESS
(a) An applicant, registrant, or licensee who has an electronic mail address shall provide the board
with that electronic mail address no later than July 1, 2022. The electronic mail address shall be
considered confidential and not subject to public disclosure.
(b) An applicant, registrant, and licensee shall provide to the board any and all changes to their
electronic mail address no later than 30 calendar days after the changes have occurred.
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(c) The board shall, with each renewal application, remind licensees and registrants of their obligation
to report and keep current their electronic mail address with the board.
§ 4990.08. RECORDS OF PROCEEDINGS, APPLICANTS AND LICENSEES
The board shall keep an accurate record of all of its proceedings and a record of all applicants for
licensure and all individuals to whom it has issued a license.
§ 4990.09. INTERNET PUBLICATION OF FINAL DETERMINATION; TIME LIMIT
The board shall not publish on the Internet the final determination of a citation and fine of one
thousand five hundred dollars ($1,500) or less issued against a licensee or registrant pursuant to
Section 125.9 for a period of time in excess of five years from the date of issuance of the citation.
§ 4990.10. RESEARCH, STUDIES AND RECOMMENDATIONS
The board may conduct research in, and make studies of problems involved in, the maintaining of
professional standards among those engaged in the professions it licenses and may publish its
recommendations thereon.
§ 4990.12. ADMINISTRATION AND ENFORCEMENT OF CHAPTERS; POWERS AND DUTIES OF
BOARD AND EXECUTIVE OFFICER
The duty of administering and enforcing this chapter, Chapter 13 (commencing with Section 4980),
Chapter 13.5 (commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and
Chapter 16 (commencing with Section 4999.10) is vested in the board and the executive officer
subject to, and under the direction of, the board. In the performance of this duty, the board and the
executive officer have all the powers and are subject to all the responsibilities vested in, and imposed
upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division
3 of Title 2 of the Government Code.
§ 4990.13. LICENSE AND REGISTRATION VERIFICATION
For purposes of license and registration verification, a person may rely upon the licensing and
registration information as it is displayed on the board’s internet website that includes the issuance
and expiration dates of any license or registration issued by the board.
§ 4990.14. BOARD SEAL
The board shall have and use a seal bearing the words "The Board of Behavioral Sciences," and shall
otherwise conform to Section 107.5.
§ 4990.16. PROTECTION OF THE PUBLIC
Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory,
and disciplinary functions. Whenever the protection of the public is inconsistent with other interests
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sought to be promoted, the protection of the public shall be paramount.
§ 4990.18. LEGISLATIVE INTENT; BOARD RESOURCES
It is the intent of the Legislature that the board employ its resources for each and all of the following
functions:
(a) The licensure of marriage and family therapists, clinical social workers, professional clinical
counselors, and educational psychologists.
(b) The development and administration of licensure examinations and examination procedures
consistent with prevailing standards for the validation and use of licensing and certification tests.
Examinations shall measure knowledge and abilities demonstrably important to the safe, effective
practice of the profession.
(c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional
practitioners.
(d) Consumer education.
§ 4990.20. RULES AND REGULATIONS; ARTICLES OF INCORPORATION AND CORPORATE
INSURANCE
(a) The board may adopt rules and regulations as necessary to administer and enforce the provisions
of this chapter and the other chapters it administers and enforces. The adoption, amendment, or
repeal of those rules and regulations shall be made in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The board may formulate and enforce rules and regulations requiring the following:
(1) That the articles of incorporation or bylaws of a marriage and family therapist corporation, a
licensed clinical social worker corporation, or a professional clinical counselor corporation
include a provision whereby the capital stock of that corporation owned by a disqualified
person, as defined in the Moscone-Knox Professional Corporation Act (Part 4 (commencing
with Section 13400) of Division 3 of Title 1 of the Corporations Code), or a deceased person
shall be sold to the corporation or to the remaining shareholders of that corporation within the
time that the rules and regulations may provide.
(2) That a marriage and family therapist corporation, a licensed clinical social worker corporation,
or a professional clinical counselor corporation shall provide adequate security by insurance or
otherwise for claims against it by its patients arising out of the rendering of professional
services.
§ 4990.22. BEHAVIORAL SCIENCES FUND; REVENUE; SURPLUSES
(a) The Behavioral Sciences Fund shall be used for the purposes of carrying out and enforcing the
provisions of this chapter and the chapters listed in Section 4990.12. All moneys in the fund shall
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be expended, upon appropriation of the Legislature, by the board for the purposes of the
programs under its jurisdiction.
(b) The board shall keep records that reasonably ensure that funds expended in the administration of
each licensure or registration category shall bear a reasonable relation to the revenue derived
from each category and report to the department no later than May 31 of each year on those
expenditures.
(c) Surpluses, if any, may be used by the board in a manner that bears a reasonable relation to the
revenue derived from each licensure or registration category and may include, but not be limited
to, expenditures for education and research related to each of the licensing or registration
categories.
§ 4990.24. REVIEW OF POWERS AND DUTIES OF BOARD
The powers and duties of the board, as set forth in this chapter, shall be subject to the review required
by Division 1.2 (commencing with Section 473).
§ 4990.26. BOARD NAME
Wherever "Board of Behavioral Science Examiners," "Board of Social Work Examiners of the State of
California," or "Social Worker and Marriage Counselor Qualifications Board of the State of California" is
used in any law or regulations of this state, it shall mean the Board of Behavioral Sciences.
ARTICLE 2. DISCIPLINARY ACTIONS
§ 4990.28. GROUNDS FOR REFUSAL TO ISSUE LICENSE OR REGISTRATION; MENTAL
ILLNESS OR CHEMICAL DEPENDENCY
The board may refuse to issue a registration or license under the chapters it administers and enforces
whenever it appears that the applicant may be unable to practice his or her profession safely due to
mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with
Section 820) of Chapter 1 shall apply to denial of a license or registration pursuant to this section.
§ 4990.30. PETITION FOR REINSTATEMENT OR MODIFICATION OF PENALTY
(a) A licensed marriage and family therapist, associate marriage and family therapist, licensed clinical
social worker, associate clinical social worker, licensed professional clinical counselor, associate
professional clinical counselor, or licensed educational psychologist whose license or registration
has been revoked, suspended, or placed on probation, may petition the board for reinstatement or
modification of the penalty, including modification or termination of probation. The petition shall be
on a form provided by the board and shall state any facts and information as may be required by
the board including, but not limited to, proof of compliance with the terms and conditions of the
underlying disciplinary order. The petition shall be verified by the petitioner who shall file an
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original and sufficient copies of the petition, together with any supporting documents, for the
members of the board, the administrative law judge, and the Attorney General.
(b) The licensee or registrant may file the petition on or after the expiration of the following
timeframes, each of which excludes any periods during which the probation was tolled, and
commences on the effective date of the decision ordering the disciplinary action or, if the order of
the board, or any portion of it, is stayed by the board itself or by the superior court, from the date
the disciplinary action is actually implemented in its entirety:
(1) Three years for reinstatement of a license or registration that was revoked for unprofessional
conduct, except that the board may, in its sole discretion, specify in its revocation order that a
petition for reinstatement may be filed after two years. A registrant who is ineligible for
reinstatement pursuant to Section 4984.01, 4996.28, or 4999.100 may apply for a subsequent
registration number.
(2) Two years for early termination of any probation period of three years or more.
(3) One year for modification of a condition, reinstatement of a license or registration revoked for
mental or physical illness, or termination of probation of less than three years. A registrant who
is ineligible for reinstatement pursuant to Section 4984.01, 4996.28, or 4999.100 may apply for
a subsequent registration number.
(c) The petition may be heard by the board itself or the board may assign the petition to an
administrative law judge pursuant to Section 11512 of the Government Code.
(d) If the petition is to be heard by the board, the petitioner may request that the board schedule the
hearing on the petition for a board meeting at a specific city where the board regularly meets.
(e) The petitioner and the Attorney General shall be given timely notice by letter of the time and place
of the hearing on the petition and an opportunity to present both oral and documentary evidence
and argument to the board or the administrative law judge.
(f) The petitioner shall at all times have the burden of production and proof to establish by clear and
convincing evidence that they are entitled to the relief sought in the petition.
(g) The board, when it is hearing the petition itself, or an administrative law judge sitting for the board,
may consider all activities of the petitioner since the disciplinary action was taken, the offense for
which the petitioner was disciplined, the petitioner’s activities during the time their license or
registration was in good standing, and the petitioner’s rehabilitative efforts, general reputation for
truth, and professional ability.
(h) The hearing may be continued from time to time as the board or the administrative law judge
deems appropriate but in no case may the hearing on the petition be delayed more than 180 days
from its filing without the consent of the petitioner.
(i) The board itself, or the administrative law judge if one is designated by the board, shall hear the
petition and shall prepare a written decision setting forth the reasons supporting the decision. In a
decision granting a petition reinstating a license or modifying a penalty, the board itself, or the
administrative law judge, may impose any terms and conditions that the agency deems
reasonably appropriate, including those set forth in Sections 823 and 4990.40. If a petition is
heard by an administrative law judge sitting alone, the administrative law judge shall prepare a
proposed decision and submit it to the board. The board may take action with respect to the
proposed decision and petition as it deems appropriate.
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(j) The petitioner shall pay a fingerprinting fee and provide a current set of their fingerprints to the
board. The petitioner shall execute a form authorizing release to the board or its designee, of all
information concerning the petitioner’s current physical and mental condition. Information provided
to the board pursuant to the release shall be confidential and shall not be subject to discovery or
subpoena in any other proceeding, and shall not be admissible in any action, other than before the
board, to determine the petitioner’s fitness to practice as required by Section 822.
(k) The board may delegate to its executive officer authority to order investigation of the contents of
the petition.
(l) No petition shall be considered while the petitioner is under sentence for any criminal offense,
including any period during which the petitioner is on court-imposed probation or parole or the
petitioner is required to register pursuant to Section 290 of the Penal Code. No petition shall be
considered while there is an accusation or petition to revoke probation pending against the
petitioner.
(m) Except in those cases where the petitioner has been disciplined for violation of Section 822, the
board may in its discretion deny without hearing or argument any petition that is filed pursuant to
this section within a period of two years from the effective date of a prior decision following a
hearing under this section.
§ 4990.31. PETITION REQUEST; DENIAL WITHOUT HEARING
The board may deny without a hearing a request to petition for termination of probation or
modification of penalty for any of the following reasons:
(a) The petitioner has failed to comply with the terms and conditions of the disciplinary order.
(b) The board is conducting an investigation of the petitioner while he or she is on probation.
(c) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions,
or duties of the licensee or registrant and this arrest occurred while on probation.
(d) The petitioner’s probation with the board is currently tolled.
§ 4990.32. ENFORCEMENT STATUTE OF LIMITATIONS
(a) Except as otherwise provided in this section, an accusation filed pursuant to Section 11503 of the
Government Code against a licensee or registrant under the chapters the board administers and
enforces shall be filed within three years from the date the board discovers the alleged act or
omission that is the basis for disciplinary action or within seven years from the date the alleged act
or omission that is the basis for disciplinary action occurred, whichever occurs first.
(b) An accusation filed against a licensee alleging the procurement of a license by fraud or
misrepresentation is not subject to the limitations set forth in subdivision (a).
(c) The limitations period provided by subdivision (a) shall be tolled for the length of time required to
obtain compliance when a report required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion.
(d) An accusation alleging sexual misconduct shall be filed within three years after the board
discovers the act or omission alleged as the grounds for disciplinary action or within 10 years after
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the act or omission alleged as the grounds for disciplinary action occurred, whichever occurs first.
This subdivision shall apply to a complaint alleging sexual misconduct received by the board on
and after January 1, 2002.
(e) If an alleged act or omission involves a minor, the seven-year limitations period provided for by
subdivision (a) and the 10-year limitations period provided for by subdivision (d) shall be tolled
until the minor reaches the age of majority. However, if the board discovers an alleged act of
sexual contact with a minor under Section 261, 286, 287, 288, 288.5, or 289 of, or former Section
288a of, the Penal Code after the limitations periods described in this subdivision have otherwise
expired, and there is independent evidence that corroborates the allegation, an accusation shall
be filed within three years from the date the board discovers that alleged act.
(f) The limitations period provided by subdivision (a) shall be tolled during any period if material
evidence necessary for prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal investigation.
(g) For purposes of this section, “discovers” means the latest of the occurrence of any of the following
with respect to each act or omission alleged as the basis for disciplinary action:
(1) The date the board received a complaint or report describing the act or omission.
(2) The date, subsequent to the original complaint or report, on which the board became aware of
any additional acts or omissions alleged as the basis for disciplinary action against the same
individual.
(3) The date the board receives from the complainant a written release of information pertaining to
the complainant’s diagnosis and treatment.
§ 4990.33. DISCIPLINARY ACTION: LICENSE STATUS CHANGE
Notwithstanding any other law, except as provided in Section 4990.32, the expiration, cancellation,
forfeiture, or suspension of a license, registration, or other authority to practice by operation of law or
by order or decision of the board or a court of law, the placement of a license on a retired status, or
the voluntary surrender of a license or registration by a licensee or registrant, of any license or
registration within the authority of the board, shall not deprive the board of jurisdiction to commence
or proceed with any investigation of, or action or disciplinary proceeding against, the licensee or
registrant or to render a decision suspending or revoking the license or registration.
§ 4990.34. PLACING LICENSE OR REGISTRATION ON PROBATION; MONITORING PROGRAM
(a) The board may place a license or registration issued under the chapters it administers and enforces
on probation under the following circumstances:
(1) In lieu of, or in addition to, any order of the board suspending or revoking the license or
registration.
(2) Upon the issuance of a license or registration to an individual who has been guilty of
unprofessional conduct but who otherwise completed all education, training, and experience
required for licensure or registration.
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(3) As a condition upon the reissuance or reinstatement of a license or registration that has been
suspended or revoked by the board.
(b) The board may adopt regulations establishing a monitoring program to ensure compliance with any
terms or conditions of probation imposed by the board pursuant to subdivision (a). The cost of
probation or monitoring may be ordered to be paid by the licensee or registrant.
§ 4990.36. TRAINING OR EXAMINATION AFTER PROBATION OR SUSPENSION
The board, in its discretion, may require a licensee or registrant whose license or registration has been
placed on probation or whose license or registration has been suspended, to obtain additional
professional training and to pass an examination upon completion of that training and to pay any
necessary examination fee. The examination may be written, oral, or a practical or clinical examination.
§ 4990.38. DISCIPLINARY ACTION; GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION
The board may deny an application or may suspend or revoke a license or registration issued under the
chapters it administers and enforces for any disciplinary action imposed by this state or another state or
territory or possession of the United States, or by a governmental agency on a license, certificate or
registration to practice marriage and family therapy, clinical social work, educational psychology,
professional clinical counseling, or any other healing art. The disciplinary action, which may include
denial of licensure or revocation or suspension of the license or imposition of restrictions on it,
constitutes unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall
be conclusive evidence of that action.
§ 4990.40. REVOCATION OF LICENSE OR REGISTRATION DUE TO SEXUAL CONTACT WITH A
PATIENT
The board shall revoke a license or registration issued under the chapters it administers and enforces
upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains a finding of fact
that the licensee or registrant engaged in an act of sexual contact, as defined in Section 729, when that
act is with a patient or with a former patient when the relationship was terminated primarily for the
purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or
the board.
§ 4990.42. CONDUCT OF PROCEEDINGS
The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
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CHAPTER 14. SOCIAL WORKERS
Note to the reader: This Chapter contains the Clinical Social Worker Practice Act. It should be
reviewed in conjunction with the regulation section of this book. However, the materials shown here
do not encompass all laws applicable to the profession. You can utilize the following links as a
resource for searching all statutes and regulations related to the profession.
California Statutes
California Code of Regulations
ARTICLE 1. GENERAL PROVISIONS
§ 4991. CLINICAL SOCIAL WORKER PRACTICE ACT
This chapter shall be known, and may be cited, as the Clinical Social Worker Practice Act. It shall be
liberally construed to effect its objectives.
§ 4991.1. ENGAGING IN PRACTICE
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 this service for remuneration in any form, including
donations.
§ 4991.2. DEFINITIONS
For purposes of this chapter:
(a) “Accredited school of social work” means a school that is accredited by the Commission on
Accreditation of the Council on Social Work Education.
(b) “Board” means the Board of Behavioral Sciences.
ARTICLE 2. APPLICATION OF CHAPTER
§ 4992. LICENSE APPLICATION; FEES
(a) Every applicant for a license under this chapter shall file an application with the board
accompanied by the application fee prescribed by this chapter. Every application shall also be
accompanied by the applicable examination fee prescribed by this chapter.
(b) The application shall contain information showing that the applicant has all the qualifications
required by the board for admission to an examination.
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§ 4992.05. REQUIRED EXAMINATIONS
(a) A registrant or an applicant for licensure as a clinical social worker shall pass the following two
examinations as prescribed by the board:
(1) A California law and ethics examination.
(2) A clinical examination.
(b) Upon registration with the board, an associate clinical social worker registrant, within the first year
of registration, shall take an examination on California law and ethics.
(c) A registrant or an applicant for licensure may take the clinical examination only upon meeting all of
the following requirements:
(1) Completion of all education requirements.
(2) Passage of the California law and ethics examination.
(3) Completion of all required supervised work experience.
§ 4992.07. EXAMINATION RESTRUCTURE TRANSITION SCENARIOS
(a) An applicant who had previously taken and passed the standard written examination but had not
passed the clinical vignette examination shall also obtain a passing score on the clinical
examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing score on the standard written
examination shall obtain a passing score on the California law and ethics examination and the
clinical examination.
(c) An applicant who had obtained eligibility for the standard written examination shall take the
California law and ethics examination and the clinical examination.
(d) This section shall become operative on January 1, 2016.
§ 4992.09. CALIFORNIA LAW AND ETHICS: EXAMINATION AND CONTINUING EDUCATION
(a) Except as provided in subdivision (a) of Section 4992.07, an applicant and registrant shall obtain a
passing score on a board-administered California law and ethics examination in order to qualify for
licensure.
(b) A registrant shall participate in a board-administered California law and ethics examination before
their registration renewal.
(c) If an applicant fails the California law and ethics examination, they may retake the examination,
upon payment of the required fees, without further application.
(d) The board shall not issue a subsequent registration number unless the applicant has passed the
California law and ethics examination.
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(e) A registrant shall complete a minimum of three hours of continuing education in the subject of
California law and ethics during each renewal period to be eligible to renew their registration,
regardless of whether they have passed the California law and ethics examination. The
coursework shall be obtained from a board-accepted provider of continuing education, as
specified in Section 4996.22.
§ 4992.1. ELIGIBILITY FOR EXAMINATION; EXAMINATION RECORD RETENTION; SEVEN
YEAR LIMITATION ON CLINICAL EXAMINATION
(a) Only individuals who have the qualifications prescribed by the board under this chapter are eligible
to take an examination under this chapter.
(b) Every applicant who is issued a clinical social worker license shall be examined by the board.
(c) Notwithstanding any other provision of law, the board may destroy all examination materials two
years following the date of an examination.
(d) The board shall not deny any applicant, whose application for licensure is complete, admission to
the clinical examination, nor shall the board postpone or delay any applicant’s clinical
examination, solely upon the receipt by the board of a complaint alleging acts or conduct that
would constitute grounds to deny licensure.
(e) If an applicant for examination who has passed the California law and ethics examination is the
subject of a complaint or is under board investigation for acts or conduct that, if proven to be true,
would constitute grounds for the board to deny licensure, the board shall permit the applicant to
take the clinical examination for licensure, but may notify the applicant that licensure will not be
granted pending completion of the investigation.
(f) Notwithstanding Section 135, the board may deny any applicant who has previously failed either
the California law and ethics examination or the clinical examination permission to retake either
examination pending completion of the investigation of any complaint against the applicant.
Nothing in this section shall prohibit the board from denying an applicant admission to any
examination, or refusing to issue a license to any applicant when an accusation or statement of
issues has been filed against the applicant pursuant to Section 11503 or 11504 of the
Government Code, or the applicant has been denied in accordance with subdivision (b) of Section
485.
(g) An applicant shall not be eligible to participate in the clinical examination if the applicant fails to
obtain a passing score on the clinical examination within seven years from their initial attempt,
unless the applicant takes and obtains a passing score on the current version of the California law
and ethics examination.
(h) A passing score on the clinical examination shall be accepted by the board for a period of seven
years from the date the examination was taken.
§ 4992.2. ADVERTISING
"Advertising," as used in this chapter, includes, but is not limited to, any public communication as
defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or
the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in
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any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting
qualification. Signs within religious buildings or notices in bulletins from a religious organization
mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
§ 4992.3. UNPROFESSIONAL CONDUCT
The board may deny a license or a registration, or may suspend or revoke the license or registration
of a licensee or registrant if the licensee or registrant has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the following:
(a) The conviction of a crime substantially related to the qualifications, functions, or duties of a
licensee or registrant under this chapter. The record of conviction shall be conclusive evidence
only of the fact that the conviction occurred. The board may inquire into the circumstances
surrounding the commission of the crime in order to fix the degree of discipline or to determine if
the conviction is substantially related to the qualifications, functions, or duties of a licensee or
registrant under this chapter. A conviction has the same meaning as defined in Section 7.5. The
board may order any license or registration suspended or revoked, or may decline to issue a
license or registration when the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or, when an order granting probation is made suspending the imposition
of sentence. All actions pursuant to this subdivision shall be taken pursuant to Division 1.5
(commencing with Section 475).
(b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for
licensure or registration submitted to the board, whether engaged in by an applicant for a license
or registration, or by a licensee in support of any application for licensure or registration.
(c) Administering to themself any controlled substance or using any of the dangerous drugs specified
in Section 4022 or any alcoholic beverage to the extent, or in a manner, as to be dangerous or
injurious to the person applying for a registration or license or holding a registration or license
under this chapter, or to any other person, or to the public, or, to the extent that the use impairs
the ability of the person applying for or holding a registration or license to conduct with safety to
the public the practice authorized by the registration or license. The board shall deny an
application for a registration or license or revoke the license or registration of any person who
uses or offers to use drugs in the course of performing clinical social work. This provision does not
apply to any person also licensed as a physician and surgeon under Chapter 5 (commencing with
Section 2000) or the Osteopathic Act who lawfully prescribes drugs to a patient under the person’s
care.
(d) Incompetence in the performance of clinical social work.
(e) An act or omission that falls sufficiently below the standard of conduct of the profession as to
constitute an act of gross negligence.
(f) Violating, attempting to violate, or conspiring to violate this chapter or any regulation adopted by
the board.
(g) Misrepresentation as to the type or status of a license or registration held by the licensee or
registrant or otherwise misrepresenting or permitting misrepresentation of the licensee’s or
registrant’s education, professional qualifications, or professional affiliations to any person or
entity. For purposes of this subdivision, this misrepresentation includes, but is not limited to,
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misrepresentation of the person’s qualifications as an adoption service provider pursuant to
Section 8502 of the Family Code.
(h) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or,
in the case of a licensee or registrant, allowing any other person to use the licensee’s or
registrant’s license or registration.
(i) Aiding or abetting, or employing, directly or indirectly, any unlicensed or unregistered person to
engage in conduct for which a license or registration is required under this chapter.
(j) Intentionally or recklessly causing physical or emotional harm to any client.
(k) The commission of any dishonest, corrupt, or fraudulent act substantially related to the
qualifications, functions, or duties of a licensee or registrant.
(l) Engaging in sexual relations with a client or with a former client within two years from the
termination date of therapy with the client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
(m) Performing, or holding oneself out as being able to perform, or offering to perform or permitting,
any registered associate, trainee, or applicant for licensure under supervision to perform any
professional services beyond the scope of the license authorized by this chapter.
(n) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all
information that has been received from a client in confidence during the course of treatment and
all information about the client that is obtained from tests or other means.
(o) Prior to the commencement of treatment, failing to disclose to the client or prospective client the
fee to be charged for the professional services, or the basis upon which that fee will be computed.
(p) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether
monetary or otherwise, for the referral of professional clients. All consideration, compensation, or
remuneration shall be in relation to professional counseling services actually provided by the
licensee. This subdivision does not prevent collaboration among two or more licensees in a case
or cases. However, no fee shall be charged for that collaboration, except when disclosure of the
fee has been made in compliance with subdivision (o).
(q) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section
651.
(r) Reproduction or description in public, or in any publication subject to general public distribution, of
any psychological test or other assessment device, the value of which depends in whole or in part
on the naivete of the subject, in ways that might invalidate the test or device. A licensee shall limit
access to that test or device to persons with professional interest who are expected to safeguard
its use.
(s) Any conduct in the supervision of any registered associate, trainee, or applicant for licensure by
any licensee that violates this chapter or any rules or regulations adopted by the board.
(t) Performing or holding oneself out as being able to perform mental health services beyond the
scope of one’s competence, as established by one’s education, training, or experience. This
subdivision shall not be construed to expand the scope of the license authorized by this chapter.
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(u) Permitting an applicant for licensure, trainee, or registrant under one’s supervision or control to
perform, or permitting the supervisee to hold themself out as competent to perform, mental health
services beyond the supervisee’s level of education, training, or experience.
(v) The violation of any law governing the gaining or supervision of experience required by this
chapter.
(w) Failure to keep records consistent with sound clinical judgment, the standards of the profession,
and the nature of the services being rendered.
(x) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal Code.
(y) Failure to comply with the elder and dependent adult abuse reporting requirements of Section
15630 of the Welfare and Institutions Code.
(z) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the
Health and Safety Code.
(aa) Failure to comply with Section 2290.5.
(ab) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of,
the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code
regardless of whether the act occurred prior to or after the time the registration or license was
issued by the board. An act described in this subdivision occurring prior to the effective date
of this subdivision shall constitute unprofessional conduct and shall subject the licensee to
refusal, suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of the public, and in particular
minors, from sexual misconduct by a licensee is a compelling governmental interest, and that
the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to
the effective date of this section is equally important to protecting the public as is the ability to
refuse a license for sexual conduct with a minor occurring prior to the effective date of this
section.
(ac) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the
administration of the examination as described in Section 123.
§ 4992.33. DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN
SEXUAL CONTACT WITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION
The board shall revoke any license issued under this chapter upon a decision made in accordance
with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant
engaged in any act of sexual contact, as defined in Section 729, when that act is with a patient, or
with a former patient when the relationship was terminated primarily for the purpose of engaging in
that act. The revocation shall not be stayed by the administrative law judge or the board.
§ 4992.35. GROUNDS FOR REFUSAL TO LICENSE OR REGISTER; MENTAL ILLNESS OR
CHEMICAL DEPENDENCY
The board may refuse to issue any registration or license whenever it appears that an applicant may be
unable to practice his or her profession safely due to mental illness or chemical dependency. The
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procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any
denial of a license or registration pursuant to this section.
§ 4992.36. DISCIPLINARY ACTION; GROUNDS FOR APPLICATION DENIAL OR LICENSE OR
REGISTRATION SUSPENSION OR REVOCATION
The board may deny an application, or may suspend or revoke a license or registration issued under
this chapter, for any of the following:
(a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by
another state or territory of the United States, or by any other governmental agency, on a license,
certificate, or registration to practice clinical social work or any other healing art shall constitute
grounds for disciplinary action for unprofessional conduct. A certified copy of the disciplinary action
decision or judgment shall be conclusive evidence of that action.
(b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice
clinical social work, marriage and family therapy, professional clinical counseling, or educational
psychology against a licensee or registrant shall also constitute grounds for disciplinary action for
unprofessional conduct under this chapter.
§ 4992.4. CONDUCT OF PROCEEDINGS
The proceedings for the suspension or revocation of licenses under this chapter shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all the powers granted therein.
§ 4992.5. TIME AND PLACE OF EXAMINATIONS
Examinations may be held at those times and places as the board may determine. However, one
examination shall be held during each calendar year.
The board may make arrangements with organizations furnishing examination materials as it may
deem desirable.
§ 4992.7. FALSE STATEMENTS OR IMPERSONATION IN CONNECTION WITH APPLICATION
OR EXAMINATION; MISDEMEANOR
Every person who willfully makes any false statement or who impersonates any other person or permits
or aids any other person to impersonate him or her in connection with any application or examination is
guilty of a misdemeanor.
§ 4992.8. LICENSEE OR REGISTRANT NAME CHANGE
A licensee or registrant shall give written notice to the board of a name change, giving both the old
and new names. The written notice shall be submitted to the board within 30 days of the issuance of
a new government-issued photographic identification. The licensee or registrant shall certify the
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information is correct by signing a statement under penalty of perjury. A copy of both of the following
documents evidencing the change shall be submitted with the notice:
(a) A current government-issued photographic identification.
(b) The legal document authorizing the name change, such as a court order or a marriage certificate.
§ 4992.10. FICTITIOUS BUSINESS NAMES
A licensed clinical social worker who owns a business using a fictitious business name shall not use a
name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement
of treatment, of the name and license designation of the owner or owners of the practice.
§ 4993. CLIENT RECORDS: RETENTION
(a) A licensed clinical social worker shall retain a client’s or patient’s health service records for a
minimum of seven years from the date therapy is terminated. If the client or patient is a minor, the
client’s or patient’s health service records shall be retained for a minimum of seven years from the
date the client or patient reaches 18 years of age. Health service records may be retained in either
a written or an electronic format.
(b) This section shall apply only to the records of a client or patient whose therapy is terminated on or
after January 1, 2015.
ARTICLE 4. LICENSURE
§ 4996. NECESSITY OF LICENSE; UNAUTHORIZED REPRESENTATION AS LICENSEE;
MISDEMEANOR
(a) Only individuals who have received a license under this article may style themselves as "Licensed
Clinical Social Workers." Every individual who styles himself or herself or who holds himself or
herself out to be a licensed clinical social worker, or who uses any words or symbols indicating or
tending to indicate that he or she is a licensed clinical social worker, without holding his or her
license in good standing under this article, is guilty of a misdemeanor.
(b) It is unlawful for any person to engage in the practice of clinical social work unless at the time of
so doing such person holds a valid, unexpired, and unrevoked license under this article.
(c) A clinical social worker licensed under this chapter is a licentiate for purposes of paragraph (2) of
subdivision (a) of Section 805, and thus is a health care practitioner subject to the provisions of
Section 2290.5 pursuant to subdivision (b) of that section.
§ 4996.1. ISSUANCE OF LICENSE
(a) Effective January 1, 2016, the board shall issue a clinical social worker license to each applicant
who qualifies pursuant to this article and who successfully passes a California law and ethics
examination and a clinical examination. An applicant who has successfully passed a previously
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administered written examination may be subsequently required to take and pass another written
examination.
(b) This section shall become operative on January 1, 2016.
§ 4996.2. QUALIFICATIONS OF LICENSEES
Each applicant for a license shall furnish evidence satisfactory to the board that the applicant
complies with all of the following requirements:
(a) Is at least 21 years of age.
(b) Has received a master’s degree from an accredited school of social work.
(c) Has had two years of supervised post-master’s degree experience, as specified in Section
4996.23.
(d) Not be subject to denial of licensure pursuant to Section 480. The board shall not issue a
registration or license to any person who has been convicted of any crime in this or another state
or in a territory of the United States that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory, in
accordance with Section 480.
(e) Has completed adequate instruction and training in the subject of alcoholism and other chemical
substance dependency. This requirement applies only to applicants who matriculate on or after
January 1, 1986.
(f) Has completed instruction and training in spousal or partner abuse assessment, detection, and
intervention. This requirement applies to an applicant who began graduate training during the
period commencing on January 1, 1995, and ending on December 31, 2003. An applicant who
began graduate training on or after January 1, 2004, shall complete a minimum of 15 contact
hours of coursework in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural factors, and same gender abuse
dynamics. Coursework required under this subdivision may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a separate course.
(g) Has completed a minimum of 10 contact hours of training or coursework in human sexuality as
specified in Section 1807 of Title 16 of the California Code of Regulations. This training or
coursework may be satisfactory if taken either in fulfillment of other educational requirements for
licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or coursework in child abuse
assessment and reporting as specified in Section 1807.2 of Title 16 of the California Code of
Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other
educational requirements for licensure or in a separate course.
§ 4996.3. FEE SCHEDULE
(a) The board shall assess the following fees relating to the licensure of clinical social workers:
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(1) The application fee for registration as an associate clinical social worker shall be one hundred
fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a
maximum of three hundred dollars ($300).
(2) The fee for annual renewal of an associate clinical social worker registration shall be one
hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher
amount, up to a maximum of three hundred dollars ($300).
(3) The fee for application for licensure shall be two hundred fifty dollars ($250). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars
($500).
(4) (A) (i) The fee for the board-administered clinical examination, if the board chooses to adopt
this examination in regulations, shall be two hundred fifty dollars ($250). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of five hundred
dollars ($500).
(ii) The fee for the California law and ethics examination shall be one hundred fifty dollars
($150). The board may adopt regulations to set the fee at a higher amount, up to a
maximum of three hundred dollars ($300).
(B) An applicant who fails to appear for an examination, after having been scheduled to take
the examination, shall forfeit the examination fees.
(C) The amount of the examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading each examination and the actual cost to the board of
administering each examination. The written examination fees shall be adjusted periodically
by regulation to reflect the actual costs incurred by the board.
(5) The fee for rescoring an examination shall be twenty dollars ($20).
(6) The fee for issuance of an initial license shall be two hundred dollars ($200). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars
($400).
(7) The fee for the two-year license renewal shall be two hundred dollars ($200). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars
($400).
(8) The renewal delinquency fee shall be one-half of the fee for license renewal. A person who
permits their license to expire shall be subject to the delinquency fee.
(9) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars
($20).
(10) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars
($25).
(11) The fee for issuance of a retired license shall be forty dollars ($40).
(b) This section shall become operative on January 1, 2021.
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§ 4996.4. FEE FOR REEXAMINATION
(a) Effective January 1, 2016, an applicant who fails the clinical examination may, within one year
from the notification date of failure, retake that examination as regularly scheduled, without further
application, upon payment of the required examination fees. Thereafter, the applicant shall not be
eligible for further examination until he or she files a new application, meets all current
requirements, and pays all required fees.
(b) This section shall become operative on January 1, 2016.
§ 4996.5. SCOPE, FORM AND CONTENT OF LICENSE
The board shall issue a license to each applicant meeting the requirements of this article, which license,
so long as the renewal fees have been paid, licenses the holder to engage in the practice of clinical
social work as defined in Section 4996.9, entitles the holder to use the title of licensed clinical social
worker, and authorizes the holder to hold himself or herself out as qualified to perform any of the
functions delineated by this chapter. The form and content of the license shall be determined by the
director in accordance with Section 164.
§ 4996.6. DURATION OF LICENSE; RENEWAL; EXPIRED LICENSE
(a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The
expiration date of the original license shall be set by the board.
(b) To renew an unexpired license, the licensee shall, on or before the expiration date of the license,
complete the following actions:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements set forth in Section 4996.22.
(4) Notify the board whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or
licensing board in this or any other state, subsequent to the licensee’s last renewal.
(c) To renew an expired license within three years of its expiration, the licensee shall, as a condition
precedent to renewal, complete all of the actions described in subdivision (b) and pay a
delinquency fee.
(d) A license that is not renewed within three years after its expiration may not be renewed, restored,
reinstated, or reissued thereafter; however, the former licensee may apply for and obtain a new
license if he or she satisfies all of the following requirements:
(1) No fact, circumstance, or condition exists that, if the license were issued, would justify its
revocation or suspension.
(2) He or she submits an application for licensure.
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(3) He or she takes and passes the current licensing examinations.
(4) He or she submits the licensure application fees and the fee for initial license issuance.
(5) He or she complies with the fingerprint requirements established by board regulation.
§ 4996.61. SUSPENDED LICENSE; RENEWAL
A suspended license is subject to expiration and shall be renewed as provided in this article, but such
renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to
engage in the activity to which the license relates, or in any other activity or conduct in violation of the
order or judgment by which it was suspended.
§ 4996.62. REVOKED LICENSE; REINSTATEMENT
A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is
reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a
reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date
before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its
revocation.
§ 4996.65. ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER
EDUCATION FUND
(a) In addition to the fees charged pursuant to Section 4996.3 for the biennial renewal of a license
pursuant to Section 4996.6, the board shall collect an additional fee of twenty dollars ($20) at the
time of renewal. The board shall transfer this amount to the Controller who shall deposit the funds
in the Mental Health Practitioner Education Fund.
(b) This section shall become operative on July 1, 2018.
§ 4996.7. DISPLAY OF LICENSE
A licensee shall display his or her license in a conspicuous place in the licensee's primary place of
practice.
§ 4996.75. REQUIRED NOTICE TO CLIENTS
(a) On and after July 1, 2020, a licensee or registrant shall provide a client with a notice written in at
least 12-point type prior to initiating psychotherapy services, or as soon as practicably possible
thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services
provided within the scope of practice of clinical social workers. You may contact the board online
at www.bbs.ca.gov, or by calling (916) 574-7830.
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(b) Delivery of the notice required by this section to the client shall be documented.
§ 4996.8. DISPLAY OF CURRENT RENEWAL RECEIPT
The current renewal receipt shall be displayed near the license.
§ 4996.9. CLINICAL SOCIAL WORK AND PSYCHOTHERAPY DEFINED
The practice of clinical social work is defined 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. 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; doing
research related to social work; and the use, application, and integration of the coursework and
experience required by Sections 4996.2 and 4996.23.
Psychotherapy, within the meaning of this chapter, is the use of psychosocial methods within a
professional relationship, to assist the person or persons to achieve a better psychosocial adaptation,
to acquire greater human realization of psychosocial potential and adaptation, and to modify internal
and external conditions which affect individuals, groups, or communities in respect to behavior,
emotions, and thinking, in respect to their intrapersonal and interpersonal processes.
§ 4996.10. APPLICATION OF ARTICLE ONLY TO CLINICAL SOCIAL WORKERS
The provisions of this article shall be construed only as provisions relating to the examination and
licensing of clinical social workers.
§ 4996.11. SUSPENSION OR REVOCATION OF LICENSE; GROUNDS; CONDUCT OF
PROCEEDINGS
The board may suspend or revoke the license of any person who is guilty on the grounds set forth in
Section 4992.3. The proceedings for the suspension or revocation of licenses under this article shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the board shall have all the powers granted in that chapter.
§ 4996.12. VIOLATIONS; PENALTIES
Any person who violates this chapter shall be guilty of a misdemeanor punishable by imprisonment in
the county jail not exceeding a period of six months, or by a fine not exceeding one thousand dollars
($1,000), or by both.
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§ 4996.13. OTHER PROFESSIONAL GROUPS; WORK OF PSYCHOSOCIAL NATURE;
IMPERMISSIBLE REPRESENTATIONS
Nothing in this article shall prevent qualified members of other professional groups from doing work of a
psychosocial nature consistent with the standards and ethics of their respective professions. However,
they shall not hold themselves out to the public by any title or description of services incorporating the
words psychosocial, or clinical social worker, or that they shall not state or imply that they are licensed to
practice clinical social work. These qualified members of other professional groups include, but are not
limited to, the following:
(a) A physician and surgeon certified pursuant to Chapter 5 (commencing with Section 2000).
(b) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(c) Members of the State Bar of California.
(d) Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980).
(e) Licensed professional clinical counselors pursuant to Chapter 16 (commencing with Section
4999.10).
(f) A priest, rabbi, or minister of the gospel of any religious denomination.
§ 4996.14. EMPLOYEES OF CERTAIN ORGANIZATIONS; ACTIVITIES OF PSYCHOSOCIAL
NATURE; REQUIRED NOTICE TO CLIENTS
(a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the
Licensed Marriage and Family Therapist Act, the Nursing Practice Act, the Licensed Professional
Clinical Counselor Act, or the Psychology Licensing Law.
(b) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a
governmental entity, a school, a college, a university, or an institution that is both nonprofit and
charitable if both of the following apply:
(1) The work of the employee or volunteer is performed under the oversight and direction of the
entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating
psychotherapy services or as soon as practicably possible thereafter, a notice written in at
least 12-point type that is in substantially the following form:
NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints
regarding the practice of psychotherapy by any unlicensed or unregistered practitioner
providing services at (Name of agency). To file a complaint, contact (Telephone number,
email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services
provided by individuals licensed and registered by the board. If you have a complaint and
are unsure if your practitioner is licensed or registered, please contact the Board of
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Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license
verification feature by visiting www.bbs.ca.gov.
(B) The delivery of the notice described in subparagraph (A) to the client shall be documented.
(c) This chapter shall not apply to a person using hypnotic techniques if their client was referred by a
physician and surgeon, dentist, or psychologist.
(d) This chapter shall not apply to a person using hypnotic techniques that offer vocational self-
improvement, and the person is not performing therapy for emotional or mental disorders.
(e) Notwithstanding subdivisions (b) and (c) or Section 4996.13, all persons registered as associates
or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the
board.
§ 4996.14.1. EXEMPT SETTINGS
The settings described in Section 4996.14 are exempt settings and do not fall under the jurisdiction of
this chapter or of the board except as specified in Section 4996.14, and with the following exceptions:
(a) Any individual working or volunteering in an exempt setting who is licensed or registered under
this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care
services shall not be considered an exempt setting unless the entity directly meets the criteria
described in Section 4996.14.
§ 4996.14.2. NONEXEMPT SETTINGS
(a) For the purposes of this chapter, the following definitions apply:
(1) “Nonexempt setting” means a setting that does not qualify as an exempt setting, as specified in
Section 4996.14.
(2) “Private practice” means a type of nonexempt setting that meets all of the following criteria:
(A) The practice is owned by a health professional who is licensed under this division either
independently or jointly with one or more other health professionals who are licensed under
this division.
(B) The practice provides clinical mental health services, including psychotherapy, to clients.
(C) One or more licensed health professionals are responsible for the practice and for the
services provided and set conditions of client payment or reimbursement for the provision
of services.
(3) “Professional corporation” means a type of nonexempt setting and private practice that has
been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code.
(b) An active license or registration number shall be required to engage in the practice of clinical
social work, as defined in Section 4996.9, in nonexempt settings at all times, except as follows:
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(1) A social work intern may engage in the practice of clinical social work in a nonexempt setting
that is not a private practice or a professional corporation, while pursuing a course of study
leading to a master’s degree in social work pursuant to Section 4996.15.
(2) An applicant for registration as an associate may engage in the practice of clinical social work
in a nonexempt setting that is not a private practice or a professional corporation before their
registration number is issued if they are in compliance with subdivision (b) of Section 4996.23
and are gaining supervised experience that meets the requirements of this chapter.
§ 4996.15. PERFORMANCE OF PSYCHOSOCIAL WORK BY PERSONS IN ACADEMIC
INSTITUTIONS, GOVERNMENT AGENCIES OR NONPROFIT ORGANIZATIONS; SOCIAL WORK
INTERN
(a) Nothing in this article shall restrict or prevent psychosocial activities by employees of accredited
academic institutions, public schools, government agencies, or nonprofit institutions who train
graduate students pursuing a master’s degree in social work in an accredited college or university.
Any psychosocial activities by the employee shall be part of a supervised course of study and the
graduate students shall be designated by titles such as social work interns, social work trainees,
or other titles clearly indicating the training status appropriate to their level of training. The term
“social work intern,” however, shall be reserved for persons enrolled in a master’s or doctoral
training program in social work in an accredited school or department of social work.
(b) Notwithstanding subdivision (a), a graduate student shall not perform clinical social work in a
private practice or a professional corporation.
§ 4996.16. PERSONS FROM OUT-OF-STATE; CLINICAL SOCIAL WORK SERVICES IN THIS
STATE
Nothing in this chapter shall apply to any clinical social worker from outside this state, when in actual
consultation with a licensed practitioner of this state, or when an invited guest of a professional
association, or of an educational institution for the sole purpose of engaging in professional education
through lectures, clinics, or demonstrations, if he or she is at the time of the consultation, lecture, or
demonstration licensed to practice clinical social work in the state or country in which he or she resides.
These clinical social workers shall not open an office or appoint a place to meet clients or receive calls
from clients within the limits of this state.
§ 4996.16.1. TEMPORARY PRACTICE ALLOWANCE: LICENSEES IN ANOTHER STATE OR
UNITED STATES JURISDICTION
(a) Notwithstanding Section 4996, a person who holds a license in another jurisdiction of the United
States as a clinical social worker may provide clinical social work services in this state for a period
not to exceed 30 consecutive days in any calendar year, if all of the following conditions are met:
(1) The license from another jurisdiction is at the highest level for independent clinical practice in
the jurisdiction in which the license was granted.
(2) The license from another jurisdiction is current, active, and unrestricted.
(3) The client is located in California during the time the person seeks to provide care in California.
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(4) The client is a current client of the person and has an established, ongoing client-provider
relationship with the person at the time the client became located in California.
(5) The person informs the client of the limited timeframe of the services and that the person is not
licensed in California.
(6) The person provides the client with the Board of Behavioral Sciences’ internet website
address.
(7) The person informs the client of the jurisdiction in which the person is licensed and the type of
license held and provides the client with the person’s license number.
(b) A person who intends to provide clinical social work services pursuant to this section shall provide
the board with all of the following information before providing services:
(1) The name under which the person is licensed in another jurisdiction, the person’s mailing
address, the person’s phone number, the person’s social security number or individual
taxpayer identification number, and the person’s electronic mailing address, if the person has
an electronic mailing address.
(2) The jurisdiction in which the person is licensed, the type of license held, and the license
number.
(3) The date on which the person will begin providing clinical social work services to the person’s
client in California.
(c) A person who provides services pursuant to this section is deemed to have agreed to practicing
under the jurisdiction of the board and to be bound by the laws of this state.
(d) This section does not apply to any person licensed by the board whose license has been
suspended or revoked.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
§ 4996.17.1. OUT-OF-STATE APPLICANTS: LICENSURE BY CREDENTIAL
The board may issue a license to a person who, at the time of submitting an application for a license
pursuant to this chapter, holds a license in another jurisdiction of the United States as a clinical social
worker at the highest level for independent practice if all of the following requirements are met:
(a) The applicant’s license in the other jurisdiction has been current, active, and unrestricted for at
least two years immediately before the date the application was received by the board. The
applicant shall disclose to the board for review any past restrictions or disciplinary actions on an
out-of-state license and the board shall consider these actions in determining whether to issue a
license to the applicant.
(b) The applicant’s degree that qualified the applicant for the out-of-state license is a master’s degree
from an accredited school or department of social work.
(c) The applicant complies with the fingerprint requirements established in Section 144.
(d) The applicant completes the coursework specified in paragraphs (1) and (2) from an accredited
school or department of social work, a school, college, or university accredited by a regional or
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national institutional accrediting agency that is recognized by the United States Department of
Education, a school, college, or university that is approved by the Bureau for Private
Postsecondary Education, or from a continuing education provider that is identified as acceptable
by the board pursuant to Section 4996.22. Undergraduate coursework shall not satisfy these
requirements.
(1) A minimum of 12 hours of coursework in California law and professional ethics. The content
of the course shall include, but not be limited to, the following: advertising, scope of
practice, scope of competence, treatment of minors, confidentiality, dangerous patients,
psychotherapist-patient privilege, recordkeeping, patient access to records, state and
federal laws related to confidentiality of patient health information, dual relationships, child
abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil
liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical
standards, termination of therapy, standards of care, relevant family law, therapist
disclosures to patients, the application of legal and ethical standards in different types of
work settings, and licensing law and process.
(2) 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.
(e) The applicant obtains 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.
(f) On and after January 1, 2021, the applicant shall show proof of completion of at least six hours of
coursework or applied experience under supervision in suicide risk assessment and intervention
using one of the methods specified in Section 4996.27.
(g) The applicant passes the board-administered California law and ethics examination required in
Section 4996.1. The clinical examination required in Section 4996.1 shall be waived for an
applicant qualifying under this section.
(h) This section was developed based on an examination of the licensure requirements for clinical
social workers on a national level. This section shall not be construed to apply to any provisions
under this division or Division 3 (commencing with Section 5000) other than this act.
§ 4996.17.2. OUT-OF-STATE APPLICANTS: LICENSURE BY EDUCATION AND EXPERIENCE
(a) This section applies to persons with education gained from an out-of-state school or experience
gained outside of California who apply for licensure or registration and who do not qualify for a
license under Section 4996.17.1.
(b) The board shall accept experience gained outside of California for the purpose of satisfying the
licensure requirements if the experience is substantially the equivalent to the requirements of this
chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience, the board
shall accept as qualifying experience the amount of time the applicant held an active license in
good standing in another state or country as a clinical social worker at the highest level for
independent practice at a rate of 100 hours per month, up to a maximum of 1,200 hours.
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(c) The board shall accept education gained from an out-of-state school for purposes of satisfying
licensure or registration requirements if the applicant has received a master’s degree from an
accredited school of social work, or complies with subdivision (e) of Section 4996.18.
(d) In addition to the experience and education described in subdivisions (b) and (c), the applicant
shall pass, or have passed, the licensing examinations as specified in Section 4996.1 and pay the
required fees. Issuance of the license is conditioned upon all of the following:
(1) The applicant has supervised experience as described in subdivision (b).
(2) Completion of the coursework or training specified in this paragraph taken from an accredited
school or department of social work, a school, college, or university accredited by a regional or
national institutional accrediting agency that is recognized by the United States Department of
Education, a school, college, or university that is approved by the Bureau for Private
Postsecondary Education, or from a continuing education provider that is identified as
acceptable to the board pursuant to Section 4996.22. Undergraduate coursework shall not
satisfy this requirement. This coursework may be completed while registered as an associate,
unless otherwise specified.
(A) A minimum of seven contact hours of training or coursework in child abuse assessment
and reporting, as specified in Section 28, and any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in human sexuality, as specified
in Section 25, and any regulations promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical
substance dependency, as specified by regulation.
(D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse
assessment, detection, and intervention strategies.
(E) A minimum of 10 contact hours of coursework in aging and long-term care, as specified in
Section 4996.25.
(F) Completion of a 12-hour course in California law and professional ethics. The content of
the course shall include, but not be limited to, the following: advertising, scope of practice,
scope of competence, treatment of minors, confidentiality, dangerous patients,
psychotherapist-patient privilege, recordkeeping, patient access to records, state and
federal laws related to confidentiality of patient health information, dual relationships, child
abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil
liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical
standards, termination of therapy, standards of care, relevant family law, therapist
disclosures to patients, the application of legal and ethical standards in different types of
work settings, and licensing law and process. This coursework shall be completed before
registration as an associate.
(G) At least one semester unit, or 15 hours, of instruction that includes an understanding of
various California cultures and the social and psychological implications of socioeconomic
position.
(3) On and after January 1, 2021, an applicant for licensure shall show proof of completion of at
least six hours of coursework or applied experience under supervision in suicide risk
assessment and intervention using one of the methods specified in Section 4996.27.
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(4) The applicant’s license is in good standing and is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(5) The applicant is not currently under investigation in any other state, and has not been charged
with an offense for any act substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an administrative decision that
contains conditions placed by an agency upon an applicant’s professional conduct or practice,
including any voluntary surrender of license, or been the subject of an adverse judgment
resulting from the practice of social work that the board determines constitutes evidence of a
pattern of incompetence or negligence.
(6) The applicant shall provide a certification from each state where the applicant holds a license
pertaining to licensure, disciplinary action, and complaints pending.
(7) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or
4992.36.
(e) An applicant who obtained a license or registration under another state or country may qualify for
licensure with the board without taking the clinical examination specified in Section 4996.1 if both
of the following conditions are met:
(1) The applicant obtained a passing score on the clinical licensing examination set forth in
regulation as accepted by the board.
(2) The applicant’s license or registration in that state or country is active and in good standing at
the time of the application and is not revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered.
§ 4996.18. ASSOCIATE CLINICAL SOCIAL WORKER; REGISTRATION; SUPERVISION
(a) Except as provided in subdivision (b) of Section 4996.23, an applicant shall have an active
registration with the board as an associate clinical social worker in order to gain hours of
supervised experience. The application shall be made on a form prescribed by the board.
(b) An applicant for registration shall satisfy the following requirements:
(1) Possess a master’s degree from an accredited school or department of social work.
(2) Not be subject to denial of licensure pursuant to Section 480.
(3) Have completed training or coursework, which may be embedded within more than one
course, in California law and professional ethics for clinical social workers. The coursework
shall be taken from an accredited school or department of social work, a school, college, or
university accredited by a regional or national institutional accrediting agency that is
recognized by the United States Department of Education, a school, college, or university that
is approved by the Bureau for Private Postsecondary Education, or from a continuing
education provider that is acceptable to the board, as defined in Section 4996.22.
Undergraduate coursework shall not satisfy this requirement. The coursework shall include
instruction in all of the following areas of study:
(A) Contemporary professional ethics and statutes, regulations, and court decisions that
delineate the scope of practice of clinical social work.
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(B) The therapeutic, clinical, and practical considerations involved in the legal and ethical
practice of clinical social work, including, but not limited to, family law.
(C) The current legal patterns and trends in the mental health professions.
(D) The psychotherapist-patient privilege, confidentiality, dangerous patients, and the
treatment of minors with and without parental consent.
(E) A recognition and exploration of the relationship between a practitioner’s sense of self and
human values, and the practitioner’s professional behavior and ethics.
(F) The application of legal and ethical standards in different types of work settings.
(G) Licensing law and process.
(c) An applicant who possesses a master’s degree from a school or department of social work that is
a candidate for accreditation by the Commission on Accreditation of the Council on Social Work
Education shall be eligible, and, except as provided in subdivision (b) of Section 4996.23, shall be
required to register as an associate clinical social worker in order to gain experience toward
licensure if the applicant is not subject to denial of licensure pursuant to Section 480. That
applicant shall not, however, be eligible to take the clinical examination until the school or
department of social work has received accreditation by the Commission on Accreditation of the
Council on Social Work Education.
(d) An applicant who possesses a master’s degree from an accredited school or department of social
work shall be able to apply experience the applicant obtained during the time the accredited
school or department was in candidacy status by the Commission on Accreditation of the Council
on Social Work Education toward the licensure requirements, if the experience meets the
requirements of Section 4996.23. This subdivision shall apply retroactively to persons who
possess a master’s degree from an accredited school or department of social work and who
obtained experience during the time the accredited school or department was in candidacy status
by the Commission on Accreditation of the Council on Social Work Education.
(e) An applicant for registration or licensure trained in an educational institution outside the United
States shall demonstrate to the satisfaction of the board that the applicant possesses a master’s
of social work degree that is equivalent to a master’s degree issued from a school or department
of social work that is accredited by the Commission on Accreditation of the Council on Social
Work Education. These applicants shall provide the board with a comprehensive evaluation of the
degree and shall provide any other documentation the board deems necessary. The board has
the authority to make the final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements regardless of evaluation or accreditation.
(f) All applicants for licensure and registrants shall be at all times under the supervision of a
supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the person being supervised and who
shall be responsible to the board for compliance with all laws governing the practice of clinical
social work.
(g) All applicants and registrants shall inform each client or patient before performing any professional
services that the applicant or registrant is unlicensed and is under the supervision of a licensed
professional.
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§ 4996.19. LICENSED CLINICAL SOCIAL WORKERS' CORPORATION; APPLICATION OF
ARTICLE
Nothing in this article shall prohibit the acts or practices of a licensed clinical social workers' corporation
duly certificated pursuant to the Moscone-Knox Professional Corporation Act, as contained in Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code and Article 5
(commencing with Section 4998), when the corporation is in compliance with (a) the Moscone-Knox
Professional Corporation Act; (b) Article 5 (commencing with Section 4998); and (c) all other statutes
and all rules and regulations now or hereafter enacted or adopted pertaining to the corporation and the
conduct of its affairs.
§ 4996.20. ASSOCIATE CLINICAL SOCIAL WORKER: ACCEPTABLE SUPERVISORS AND
SUPERVISION DEFINITION
(a) “Supervisor,” as used in this chapter, means an individual who meets all of the following
requirements:
(1) Has held an active license for at least two years within the five-year period immediately
preceding any supervision as either:
(A) A licensed professional clinical counselor, licensed marriage and family therapist,
psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed
clinical social worker, licensed educational psychologist, or equivalent out-of-state license.
A licensed educational psychologist may only supervise the provision of educationally
related mental health services that are consistent with the scope of practice of an
educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry
and Neurology or an out-of-state licensed physician and surgeon who is certified in
psychiatry by the American Board of Psychiatry and Neurology.
(2) For at least two years within the five-year period immediately preceding any supervision, has
practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of
subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy
performed by associate clinical social workers, associate marriage and family therapists or
trainees, or associate professional clinical counselors. Supervision of psychotherapy
performed by a social work intern or a professional clinical counselor trainee shall be accepted
if the supervision provided is substantially equivalent to the supervision required for registrants.
(3) Has received training in supervision as specified in this chapter and by regulation.
(4) Has not provided therapeutic services to the supervisee.
(5) Has and maintains a current and active license that is not under suspension or probation as
one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or
licensed educational psychologist issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry
and Neurology.
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(6) Is not a spouse, domestic partner, or relative of the supervisee.
(7) Does not currently have or previously had a personal, professional, or business relationship
with the supervisee that undermines the authority or effectiveness of the supervision.
(b) As used in this chapter, the term “supervision” means responsibility for, and control of, the quality
of mental health and related services provided by the supervisee. Consultation or peer discussion
shall not be considered supervision and shall not qualify as supervised experience.
“Supervision” includes, but is not limited to, all of the following:
(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education,
training, and experience of the supervisee.
(2) Monitoring and evaluating the supervisee’s assessment, diagnosis, and treatment decisions
and providing regular feedback.
(3) Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where
the supervisee is practicing and to the particular clientele being served.
(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-
, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the
practitioner-patient relationship.
(5) Ensuring the supervisee’s compliance with laws and regulations governing the practice of
clinical social work.
(6) Reviewing the supervisee’s progress notes, process notes, and other patient treatment
records, as deemed appropriate by the supervisor.
(7) With the client’s written consent, providing direct observation or review of audio or video
recordings of the supervisee’s counseling or therapy, as deemed appropriate by the
supervisor.
§ 4996.21. AUDITS OF SUPERVISORS
The board may audit the records of any supervisor to verify the completion of the supervisor
qualifications specified by this chapter and by regulation. A supervisor shall maintain records of
completion of the required supervisor qualifications for seven years after termination of supervision
and shall make these records available to the board for auditing purposes upon request.
§ 4996.22. CONTINUING EDUCATION
(a) (1) Except as provided in subdivision (c), the board shall not renew any license pursuant to this
chapter unless the applicant certifies to the board, on a form prescribed by the board, that the
applicant has completed not less than 36 hours of approved continuing education in or relevant
to the field of social work in the preceding two years, as determined by the board.
(2) The board shall not renew any license of an applicant who began graduate study before
January 1, 2004, pursuant to this chapter unless the applicant certifies to the board that during
the applicant’s first renewal period after the operative date of this section, the applicant
completed a continuing education course in spousal or partner abuse assessment, detection,
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and intervention strategies, including community resources, cultural factors, and same gender
abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven
hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and
intervention strategies taken before the operative date of this section or proof of equivalent
teaching or practice experience may be submitted to the board and at its discretion, may be
accepted in satisfaction of this requirement. Continuing education courses taken pursuant to
this paragraph shall be applied to the 36 hours of approved continuing education required
under paragraph (1).
(3) The board shall not renew any registration pursuant to this chapter unless the registrant
certifies under penalty of perjury to the board, and on a form prescribed by the board, that they
have completed not less than three hours of continuing education in the subject of California
law and ethics during the preceding year.
(b) The board shall have the right to audit the records of any applicant to verify the completion of the
continuing education requirement. Applicants shall maintain records of completion of required
continuing education coursework for a minimum of two years and shall make these records
available to the board for auditing purposes upon request.
(c) The board may establish exceptions from the continuing education requirement of this section for
good cause as defined by the board.
(d) The continuing education shall be obtained from one of the following sources:
(1) An accredited school of social work, as defined in Section 4991.2, or a school or department of
social work that is a candidate for accreditation by the Commission on Accreditation of the
Council on Social Work Education. Nothing in this paragraph shall be construed as requiring
coursework to be offered as part of a regular degree program.
(2) A school, college, or university accredited by a regional or national institutional accrediting
agency that is recognized by the United States Department of Education or a school, college,
or university that is approved by the Bureau for Private Postsecondary Education.
(3) Another continuing education provider, as specified by the board by regulation.
(e) The board shall establish, by regulation, a procedure for identifying acceptable providers of
continuing education courses, and all providers of continuing education, as described in
paragraphs (1) and (2) of subdivision (d), shall adhere to the procedures established by the board.
The board may revoke or deny the right of a provider to offer continuing education coursework
pursuant to this section for failure to comply with this section or any regulation adopted pursuant
to this section.
(f) Training, education, and coursework by approved providers shall incorporate one or more of the
following:
(1) Aspects of the discipline that are fundamental to the understanding, or the practice, of social
work.
(2) Aspects of the social work discipline in which significant recent developments have occurred.
(3) Aspects of other related disciplines that enhance the understanding, or the practice, of social
work.
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(g) A system of continuing education for licensed clinical social workers shall include courses directly
related to the diagnosis, assessment, and treatment of the client population being served.
(h) The continuing education requirements of this section shall comply fully with the guidelines for
mandatory continuing education established by the Department of Consumer Affairs pursuant to
Section 166.
(i) The board may adopt regulations as necessary to implement this section.
§ 4996.23. SUPERVISED POST-MASTER'S EXPERIENCE
(a) To qualify for licensure, each applicant shall complete 3,000 hours of post-master’s degree
supervised experience related to the practice of clinical social work. Except as provided in
subdivision (b), experience shall not be gained until the applicant is registered as an associate
clinical social worker.
(b) Postdegree hours of experience gained before the issuance of an associate registration shall be
credited toward licensure if all of the following apply:
(1) The registration applicant applies for the associate registration and the board receives the
application within 90 days of the granting of the qualifying master’s or doctoral degree.
(2) For applicants completing graduate study on or after January 1, 2020, the experience is
obtained at a workplace that, prior to the registration applicant gaining supervised experience
hours, requires completed Live Scan fingerprinting. The applicant shall provide the board with
a copy of that completed “State of California Request for Live Scan Service” form with the
application for licensure.
(3) The board subsequently grants the associate registration.
(c) The applicant shall not be employed or volunteer in a private practice or a professional corporation
until the applicant has been issued an associate registration by the board.
(d) The experience shall be as follows:
(1) (A) At least 1,700 hours shall be gained under the supervision of a licensed clinical social
worker. The remaining required supervised experience may be gained under the
supervision of a physician and surgeon who is certified in psychiatry by the American Board
of Psychiatry and Neurology, licensed professional clinical counselor, licensed marriage
and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with
Section 2900), licensed educational psychologist, or licensed clinical social worker.
(B) A maximum of 1,200 hours gained under the supervision of a licensed educational
psychologist providing educationally related mental health services that are consistent with
the scope of practice of an educational psychologist, as specified in Section 4989.14.
(2) A minimum of 2,000 hours in clinical psychosocial diagnosis, assessment, and treatment,
including psychotherapy or counseling; however, at least 750 hours shall be face-to-face
individual or group psychotherapy provided in the context of clinical social work services.
(3) A maximum of 1,000 hours in client-centered advocacy, consultation, evaluation, research,
direct supervisor contact, and workshops, seminars, training sessions, or conferences directly
related to clinical social work that have been approved by the applicant’s supervisor.
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(4) A minimum of two years of supervised experience is required to be obtained over a period of
not less than 104 weeks and shall have been gained within the six years immediately
preceding the date on which the application for licensure was received by the board.
(5) No more than 40 hours of experience may be credited in any seven consecutive days.
(6) For hours gained on or after January 1, 2010, no more than six hours of supervision, whether
individual, triadic, or group supervision, shall be credited during any single week.
(e) An individual who submits an application for licensure between January 1, 2016, and December
31, 2020, may alternatively qualify under the experience requirements of this section that were in
place on January 1, 2015.
§ 4996.23.1 DIRECT SUPERVISOR CONTACT; INOPERATIVE JANUARY 1, 2026
(a) Except for experience gained by attending workshops, seminars, training sessions, or
conferences, as described in paragraph (3) of subdivision (d) of Section 4996.23, direct supervisor
contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact each week for which
experience is credited in each work setting.
(2) An associate gaining experience who performs more than 10 hours of direct clinical counseling
in a week in any setting shall receive at least one additional hour of direct supervisor contact
for that setting.
(b) (1) For purposes of this chapter, “one hour of direct supervisor contact” means any of the
following:
(A) Individual supervision, which means one hour of face-to-face contact between one
supervisor and one supervisee.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor
and two supervisees.
(C) Group supervision, which means two hours of face-to-face contact between one supervisor
and no more than eight supervisees. Segments of group supervision may be split into no
less than one continuous hour. A supervisor shall ensure that the amount and degree of
supervision is appropriate for each supervisee.
(2) For purposes of this subdivision, “face-to-face contact” means in-person contact, contact via
two-way, real-time videoconferencing, or some combination of these.
(c) The supervisor shall be responsible for ensuring compliance with federal and state laws relating to
confidentiality of patient health information.
(d) (1) Within 60 days of the commencement of supervision, a supervisor shall conduct a meeting
with the supervisee during which the supervisor shall assess the appropriateness of allowing
the supervisee to receive supervision via two-way, real-time videoconferencing. This
assessment of appropriateness shall include, but is not limited to, the abilities of the
supervisee, the preferences of both the supervisee and supervisor, and the privacy of the
locations of the supervisee and supervisor while supervision is conducted.
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(2) The supervisor shall document the results of the assessment made pursuant to paragraph (1),
and shall not utilize supervision via two-way, real-time videoconferencing if their assessment
finds it is not appropriate.
(e) Direct supervisor contact shall occur within the same week as the hours claimed.
(f) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic
supervision, or a combination of both.
(g) Of the 52 weeks of required individual or triadic supervision, no less than 13 weeks shall be
supervised by a licensed clinical social worker.
(h) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the
alternative supervision meets the requirements of this chapter.
(i) Notwithstanding any other law, once the required number of experience hours are gained, an
associate clinical social worker or applicant for licensure shall receive a minimum of one hour of
direct supervisor contact per week for each practice setting in which direct clinical counseling is
performed. Once the required number of experience hours are gained, further supervision for
nonclinical practice, as described in paragraph (3) of subdivision (d) of Section 4996.23, shall be
at the supervisor’s discretion.
(j) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
§ 4996.23.1 DIRECT SUPERVISOR CONTACT; OPERATIVE JANUARY 1, 2026
(a) Except for experience gained by attending workshops, seminars, training sessions, or
conferences, as described in paragraph (3) of subdivision (d) of Section 4996.23, direct supervisor
contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact each week for which
experience is credited in each work setting.
(2) An associate gaining experience who performs more than 10 hours of direct clinical counseling
in a week in any setting shall receive at least one additional hour of direct supervisor contact
for that setting.
(b) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(1) Individual supervision, which means one hour of face-to-face contact between one supervisor
and one supervisee.
(2) Triadic supervision, which means one hour of face-to-face contact between one supervisor and
two supervisees.
(3) Group supervision, which means two hours of face-to-face contact between one supervisor
and no more than eight supervisees. Segments of group supervision may be split into no less
than one continuous hour. A supervisor shall ensure that the amount and degree of
supervision is appropriate for each supervisee.
(c) Direct supervisor contact shall occur within the same week as the hours claimed.
(d) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic
supervision, or a combination of both.
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(e) Of the 52 weeks of required individual or triadic supervision, no less than 13 weeks shall be
supervised by a licensed clinical social worker.
(f) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the
alternative supervision meets the requirements of this chapter.
(g) Notwithstanding subdivision (b), a supervisee working in an exempt setting described in Section
4996.14 may obtain the required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring compliance with state and
federal laws relating to confidentiality of patient health information.
(h) Notwithstanding any other law, once the required number of experience hours are gained, an
associate clinical social worker or applicant for licensure shall receive a minimum of one hour of
direct supervisor contact per week for each practice setting in which direct clinical counseling is
performed. Once the required number of experience hours are gained, further supervision for
nonclinical practice, as described in paragraph (3) of subdivision (d) of Section 4996.23, shall be
at the supervisor’s discretion.
(i) This section shall become operative on January 1, 2026.
§ 4996.23.2. SUPERVISED EXPERIENCE: ACCEPTABLE SETTINGS; ACCEPTABLE
SUPERVISION PRACTICES
(a) An associate clinical social worker or applicant for licensure shall only perform mental health and
related services as an employee or as a volunteer, not as an independent contractor. The
requirements of this chapter regarding hours of experience and supervision shall apply equally to
employees and volunteers. An associate or applicant for licensure shall not perform any services
or gain any experience within the scope of practice of the profession, as defined in Section
4996.9, as an independent contractor. While an associate may be either a paid employee or a
volunteer, employers are encouraged to provide fair remuneration.
(1) If employed, an associate shall provide the board, upon application for licensure, with copies of
the corresponding W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a
letter from their employer verifying the associate’s status as a volunteer during the dates the
experience was gained.
(b) Employment in a private practice or professional corporation shall not commence until the
applicant has been registered as an associate clinical social worker.
(c) Experience shall only be gained in a setting that meets both of the following:
(1) Lawfully and regularly provides clinical social work, mental health counseling, or
psychotherapy.
(2) Provides oversight to ensure that the associate’s work at the setting meets the experience and
supervision requirements set forth in this chapter and is within the scope of practice for the
profession as defined in Section 4996.9.
(d) Only experience gained in the position for which the associate clinical social worker volunteers or
is employed shall qualify as supervised experience.
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(e) Any experience obtained under the supervision of a spouse or relative by blood or marriage shall
not be credited toward the required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has had or currently has a
personal, professional, or business relationship that undermines the authority or effectiveness of
the supervision shall not be credited toward the required hours of supervised experience.
(f) An associate clinical social worker or applicant for licensure who provides voluntary services in any
lawful work setting and who only receives reimbursement for expenses actually incurred shall be
considered an employee. The board may audit an applicant for licensure who receives
reimbursement for expenses and the applicant shall have the burden of demonstrating that the
payments received were for reimbursement of expenses actually incurred.
(g) An associate clinical social worker or applicant for licensure who receives a stipend or educational
loan repayment from a program designed to encourage demographically underrepresented
groups to enter the profession or to improve recruitment and retention in underserved regions or
settings shall be considered an employee. The board may audit an applicant who receives a
stipend or educational loan repayment and the applicant shall have the burden of demonstrating
that the payments received were for the specified purposes.
(h) An associate or applicant for licensure shall not receive any remuneration from patients or clients
and shall only be paid by their employer, if an employee.
(i) An associate or applicant for licensure shall have no proprietary interest in their employer’s
business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any
other way pay for the obligations of their employer.
(j) An associate may provide services via telehealth that are in the scope of practice as outlined in this
chapter.
(k) Each educational institution preparing applicants pursuant to this chapter shall consider requiring,
and shall encourage, its students to undergo individual, marital, conjoint, family, or group
counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and
encourage their supervisees regarding the advisability of undertaking individual, marital, conjoint,
family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate
and is desired by the applicant, educational institutions and supervisors are encouraged to assist
the applicant to locate counseling or psychotherapy at a reasonable cost.
§ 4996.23.3. SUPERVISEES: LOCATION OF SERVICES; MAXIMUM NUMBER OF
REGISTRANTS; OVERSIGHT AGREEMENT
(a) An associate clinical social worker or an applicant for licensure shall only perform mental health
and related services at the places where their employer permits business to be conducted.
(b) An associate who is employed by, or volunteering in, a private practice or a professional
corporation shall be supervised by an individual who is both of the following:
(1) Is employed by or contracted by the associate’s employer or is an owner of the private practice
or professional corporation.
(2) Either provides psychotherapeutic services to clients for the associate’s employer, or meets
both of the following:
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(A) The supervisor and the associate’s employer have a written contract providing the
supervisor the same access to the associate’s clinical records provided to employees of
that employer.
(B) The associate’s clients authorize the release of their clinical records to the supervisor.
(c) Supervisors of supervisees in a nonexempt setting shall not serve as individual or triadic
supervisors for more than six supervisees at any time. Supervisees may be registered as
associate marriage and family therapists, associate professional clinical counselors, associate
clinical social workers, or any combination of those registrations.
(d) A written oversight agreement, as specified by the board by regulation, shall be executed between
the supervisor and employer when the supervisor is not employed by the supervisee’s employer
or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be
gaining experience to determine that the site or sites comply with the requirements of this chapter.
§ 4996.25. ADDITIONAL COURSEWORK
(a) Any applicant for licensure as a licensed clinical social worker who began graduate study on or
after January 1, 2004, shall complete, as a condition of licensure, a minimum of 10 contact hours
of coursework in aging and long-term care, which could 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.
(b) Coursework taken in fulfillment of other educational requirements for licensure pursuant to this
chapter, or in a separate course of study, may, at the discretion of the board, fulfill the
requirements of this section.
(c) In order to satisfy the coursework requirement of this section, the applicant shall submit to the
board a certification from the chief academic officer of the educational institution from which the
applicant graduated stating that the coursework required by this section is included within the
institution's required curriculum for graduation, or within the coursework, that was completed by
the applicant.
(d) The board shall not issue a license to the applicant until the applicant has met the requirements of
this section.
§ 4996.26. ADDITIONAL CONTINUING EDUCATION REQUIREMENTS; AGING AND LONG-
TERM CARE; ELDER AND DEPENDENT ADULT ABUSE AND NEGLECT
(a) A licensee who began graduate study prior to January 1, 2004, shall complete a three-hour
continuing education course in aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the board evidence acceptable to the board
of the person's satisfactory completion of the course.
(b) The course shall 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.
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(c) Any person seeking to meet the requirements of subdivision (a) of this section may submit to the
board a certificate evidencing completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent teaching or practice experience.
The board, in its discretion, may accept that certification as meeting the requirements of this
section.
(d) The board may not renew an applicant's license until the applicant has met the requirements of
this section.
(e) Continuing education courses taken pursuant to this section shall be applied to the 36 hours of
approved continuing education required in Section 4996.22.
(f) This section shall become operative on January 1, 2005.
§ 4996.27. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK
ASSESSMENT AND INTERVENTION
(a) On or after January 1, 2021, an applicant for licensure as a clinical social worker shall show, as
part of the application, that they have completed a minimum of six hours of coursework or applied
experience under supervision in suicide risk assessment and intervention. This requirement shall
be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained as part of their applied experience. Applied experience can be met in any of the
following settings: practicum or associateship that meets the requirement of this chapter,
formal postdoctoral placement that meets the requirements of Section 2911, or other qualifying
supervised experience. To satisfy this requirement, the applicant shall submit to the board a
written certification from the director of training for the program or primary supervisor where the
qualifying experience has occurred stating that the training required by this section is included
within the applied experience.
(3) By taking a continuing education course that meets the requirements of Section 4996.22. To
satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee prior to the time of their first renewal after January 1, 2021,
or an applicant for reactivation or reinstatement to an active license status on or after January 1,
2021, shall have completed a minimum of six hours of coursework or applied experience under
supervision in suicide risk assessment and intervention, using one of the methods specified in
subdivision (a). Proof of compliance with this section shall be certified under penalty of perjury that
they are in compliance with this section and shall be retained for submission to the board upon
request.
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§ 4996.27.1. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH
SERVICES VIA TELEHEALTH
(a) On or after July 1, 2023, an applicant for licensure as a clinical social worker shall show, as part of
the application, that they have completed a minimum of three hours of training or coursework in
the provision of mental health services via telehealth, which shall include law and ethics related to
telehealth. This requirement shall be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section
4996.22. To satisfy this requirement, the applicant shall submit to the board a certification of
completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or
an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023,
shall have completed a minimum of three hours of training or coursework in the provision of
mental health services via telehealth, which shall include law and ethics related to telehealth,
using one of the methods specified in subdivision (a)
(c) Proof of compliance with subdivision (b) shall be certified under penalty of perjury that they are in
compliance with this section and shall be retained for submission to the board upon request.
§ 4996.28. ASSOCIATE CLINICAL SOCIAL WORKER; REGISTRATION EXPIRATION; RENEWAL
(a) Registration as an associate clinical social worker shall expire one year from the last day of the
month during which it was issued. To renew a registration, the registrant shall, on or before the
expiration date of the registration, complete all of the following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether they have been convicted, as defined in Section 490, of a
misdemeanor or felony, and whether any disciplinary action has been taken by a regulatory or
licensing board in this or any other state, subsequent to the last renewal of the registration.
(4) Participate in the California law and ethics examination pursuant to Section 4992.09 each year
until successful completion of this examination.
(5) Certify under penalty of perjury their compliance with the continuing education requirements
set forth in Section 4996.22.
(b) An expired registration may be renewed by completing all of the actions described in paragraphs
(1) to (5), inclusive, of subdivision (a).
(c) A registration as an associate clinical social worker may be renewed a maximum of five times. No
registration shall be renewed or reinstated beyond six years from the last day of the month during
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which the registration was issued, regardless of whether the registration has been revoked. When
no further renewals are possible, an applicant may apply for and obtain a subsequent associate
clinical social worker registration number if the applicant meets all requirements for registration in
effect at the time of their application for a subsequent associate clinical social worker registration
number and has passed the California law and ethics examination pursuant to Section 4992.09.
An applicant issued a subsequent associate registration number pursuant to this subdivision shall
not be employed or volunteer in a private practice.
§ 4997. INACTIVE LICENSE
(a) A licensee may apply to the board to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of
clinical social work in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee in the amount of one-half of the
standard renewal fee and shall be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of
licensure may, upon request, restore his or her license to practice clinical social work to active status.
(1) A licensee requesting his or her license be restored to active status between renewal cycles shall
pay the remaining one-half of his or her renewal fee.
(2) A licensee requesting to restore his or her license to active status whose license will expire less
than one year from the date of the request shall complete 18 hours of continuing education as
specified in Section 4996.22.
(3) A licensee requesting to restore his or her license to active status whose license will expire more
than one year from the date of the request shall complete 36 hours of continuing education as
specified in Section 4996.22.
§ 4997.1. ISSUANCE OF A RETIRED LICENSE – LICENSED CLINICAL SOCIAL WORKER
(a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired
license to a licensed clinical social worker who holds a license that is current and active or a
license that is inactive, and whose license is not suspended, revoked, or otherwise punitively
restricted by the board or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this section shall not engage in any activity for
which an active clinical social worker license is required.
(c) The holder of a retired license shall not be required to renew that license.
(d) The holder of a retired license may apply to restore to active status his or her license to practice
clinical social work if that retired license was issued less than three years prior to the application
date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
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(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in Section 4996.22.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license
was issued in accordance with this section less than one year from the date of the application,
shall complete 18 hours of continuing education as specified in Section 4996.22.
(f) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license
was issued in accordance with this section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section 4996.22.
(g) The holder of a retired license may apply to restore to active status his or her license to practice
clinical social work if that retired license was issued three or more years prior to the application
date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Applies for licensure and pays the required fees.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
ARTICLE 5. CLINICAL SOCIAL WORKERS CORPORATIONS
§ 4998. DEFINITION; RIGHT TO PRACTICE CLINICAL SOCIAL WORK; BOARD AS
GOVERNMENTAL AGENCY
A licensed clinical social worker corporation is a corporation that is authorized to render professional
services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its
shareholders, officers, directors, and employees rendering professional services are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of
Division 3 of Title 1 of the Corporations Code), this article, and all other statutes and regulations now
or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With
respect to a licensed clinical social worker corporation, the governmental agency referred to in the
Moscone-Knox Professional Corporation Act is the Board of Behavioral Sciences.
§ 4998.1. UNPROFESSIONAL CONDUCT
It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under
this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or
conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation
Act ((Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or
any regulations duly adopted under those laws.
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§ 4998.2. NAME
Notwithstanding Section 4996, the name of a licensed clinical social worker corporation and any
name or names under which it may be rendering professional services shall contain the words
“licensed clinical social worker” and wording or abbreviations denoting corporate existence.
A licensed clinical social worker corporation that conducts business under a fictitious business name
shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the
commencement of treatment, that the business is conducted by a licensed clinical social worker
corporation.
§ 4998.3. DIRECTORS, SHAREHOLDERS AND OFFICERS; LICENSE
Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer
of a licensed clinical social worker corporation shall be a licensed person as defined in the
Moscone-Knox Professional Corporation Act.
§ 4998.4. INCOME ATTRIBUTABLE TO SHAREHOLDER WHO IS DISQUALIFIED PERSON
The income of a licensed clinical social worker corporation attributable to professional services
rendered while a shareholder is a disqualified person, as defined in the Moscone-Knox Professional
Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations
Code), shall not in any manner accrue to the benefit of that shareholder or his or her shares in the
licensed clinical social workers corporation.
§ 4998.5. CORPORATE UNPROFESSIONAL CONDUCT
A licensed clinical social worker corporation shall not do or fail to do any act the doing of which or the
failure to do which would constitute unprofessional conduct under any statute, rule, or regulation now or
hereafter in effect. In the conduct of its practice, it shall observe and be bound by those statutes, rules,
and regulations to the same extent as a person holding a license as a licensed clinical social worker.
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CHAPTER 16 LICENSED PROFESSIONAL CLINICAL COUNSELORS
Note to the reader: This Chapter contains the Licensed Professional Clinical Counselor Act. It
should be reviewed in conjunction with the regulation section of this book. However, the materials
shown here do not encompass all laws applicable to the profession. You can utilize the following
links as a resource for searching all statutes and regulations related to the profession.
California Statutes
California Code of Regulations
ARTICLE 1. ADMINISTRATION
§ 4999.10. LICENSED PROFESSIONAL CLINICAL COUNSELOR
This chapter constitutes, and may be cited as, the Licensed Professional Clinical Counselor Act.
§ 4999.11. LEGISLATIVE INTENT
In enacting this chapter, the Legislature recognizes that licensed professional clinical counselors
practice a separate and distinct profession from the professions practiced by licensed marriage and
family therapists and licensed clinical social workers. As such, the Legislature recognizes the need to
appropriately test licensed marriage and family therapists and licensed clinical social workers seeking
to become licensed professional clinical counselors on the difference in practice between the
professions.
§ 4999.12. DEFINITIONS
For purposes of this chapter, the following terms have the following meanings:
(a) “Board” means the Board of Behavioral Sciences.
(b) “Accredited” means a school, college, or university accredited by a regional or national institutional
accrediting agency that is recognized by the United States Department of Education.
(c) “Approved” means a school, college, or university that possessed unconditional approval by the
Bureau for Private Postsecondary Education at the time of the applicant’s graduation from the
school, college, or university.
(d) “Applicant for licensure” means an unlicensed person who has completed the required education
and required hours of supervised experience for licensure.
(e) “Licensed professional clinical counselor” or “LPCC” means a person licensed under this chapter
to practice professional clinical counseling, as defined in Section 4999.20.
(f) “Associate” means an unlicensed person who meets the requirements of Section 4999.42 and is
registered with the board.
(g) “Clinical counselor trainee” means an unlicensed person who is currently enrolled in a master’s or
doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify
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the person for licensure and who has completed no less than 12 semester units or 18 quarter
units of coursework in any qualifying degree program.
(h) “Supervisor” means an individual who meets all of the following requirements:
(1) Has held an active license for at least two years within the five-year period immediately
preceding any supervision as either:
(A) A licensed professional clinical counselor, licensed marriage and family therapist,
psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed
clinical social worker, licensed educational psychologist, or equivalent out-of-state license.
A licensed educational psychologist may only supervise the provision of educationally
related mental health services that are consistent with the scope of practice of an
educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry
and Neurology, or an out-of-state licensed physician and surgeon who is certified in
psychiatry by the American Board of Psychiatry and Neurology.
(2) For at least two years within the five-year period immediately preceding any supervision, has
practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of
subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy
performed by marriage and family therapist trainees, associate marriage and family therapists,
associate professional clinical counselors, or associate clinical social workers. Supervision of
psychotherapy performed by a social work intern or a professional clinical counselor trainee
shall be accepted if the supervision provided is substantially equivalent to the supervision
required for registrants.
(3) Has received training in supervision as specified in this chapter and by regulation.
(4) Has not provided therapeutic services to the supervisee.
(5) Has and maintains a current and active license that is not under suspension or probation as
one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or
licensed educational psychologist issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry
and Neurology.
(6) Is not a spouse, domestic partner, or relative of the supervisee.
(7) Does not currently have or previously had a personal, professional, or business relationship
with the supervisee that undermines the authority or effectiveness of the supervision.
(i) “Client centered advocacy” includes, but is not limited to, researching, identifying, and accessing
resources, or other activities, related to obtaining or providing services and supports for clients or
groups of clients receiving psychotherapy or counseling services.
(j) “Advertising” or “advertise” includes, but is not limited to, the issuance of any card, sign, or device
to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building
or structure, or in any newspaper or magazine or in any directory, or any printed matter
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whatsoever, with or without any limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting. Signs within church buildings or notices in
church bulletins mailed to a congregation are not advertising within the meaning of this chapter.
(k) “Referral” means evaluating and identifying the needs of a client to determine whether it is
advisable to refer the client to other specialists, informing the client of that judgment, and
communicating that determination as requested or deemed appropriate to referral sources.
(l) “Research” means a systematic effort to collect, analyze, and interpret quantitative and qualitative
data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental
disorders, and interpersonal transactions among individuals and organizations interact.
(m) “Supervision” means responsibility for, and control of, the quality of mental health and related
services provided by the supervisee. Consultation or peer discussion shall not be considered
supervision and shall not qualify as supervised experience. Supervision includes, but is not limited
to, all of the following:
(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education,
training, and experience of the supervisee.
(2) Monitoring and evaluating the supervisee’s assessment, diagnosis, and treatment decisions
and providing regular feedback.
(3) Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where
the supervisee is practicing and to the particular clientele being served.
(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-
, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the
practitioner-patient relationship.
(5) Ensuring the supervisee’s compliance with laws and regulations governing the practice of
licensed professional clinical counseling.
(6) Reviewing the supervisee’s progress notes, process notes, and other patient treatment
records, as deemed appropriate by the supervisor.
(7) With the client’s written consent, providing direct observation or review of audio or video
recordings of the supervisee’s counseling or therapy, as deemed appropriate by the
supervisor.
(n) “Clinical setting” means any setting that meets both of the following requirements:
(1) Lawfully and regularly provides mental health counseling or psychotherapy.
(2) Provides oversight to ensure that the associate’s work meets the experience and supervision
requirements set forth in this chapter and in regulation and is within the scope of practice of the
profession.
§ 4999.12.5. REGISTRANT TITLE NAME CHANGE
(a) (1) The title “professional clinical counselor intern” or “professional clinical counselor registered
intern” is hereby renamed “associate professional clinical counselor” or “registered associate
professional clinical counselor,” respectively. Any reference in any statute or regulation to a
“professional clinical counselor intern” or “professional clinical counselor registered intern” shall
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be deemed a reference to an “associate professional clinical counselor” or “registered
associate professional clinical counselor.”
(2) Any reference in this chapter to the term “intern” means “associate.”
(b) Nothing in this section shall be construed to expand or constrict the scope of practice of a person
licensed or registered pursuant to this chapter.
§ 4999.13. ENGAGING IN PRACTICE
A person engages in the practice of professional clinical counseling when he or she performs or
offers to perform or holds himself or herself out as able to perform this service for remuneration in any
form, including donations.
§ 4999.14. DISSEMINATION OF INFORMATION; DUTIES OF THE BOARD
The board shall do all of the following:
(a) Communicate information about its activities, the requirements and qualifications for licensure,
and the practice of professional clinical counseling to the relevant educational institutions,
supervisors, professional associations, applicants, clinical counselor trainees, associates, and the
public.
(b) Develop policies and procedures to assist educational institutions in meeting the educational
qualifications of Sections 4999.32 and 4999.33.
ARTICLE 2. SCOPE OF PRACTICE
§ 4999.20. SCOPE OF PRACTICE
(a) (1) “Professional clinical counseling” means 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 coursework and
training required by Sections 4999.32 and 4999.33. “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.
(2) “Professional clinical counseling” is focused exclusively on the application of counseling
interventions and psychotherapeutic techniques for the purposes of improving mental health,
and is not intended to capture other, nonclinical forms of counseling for the purposes of
licensure. For purposes of this paragraph, “nonclinical” means nonmental health.
(3) “Professional clinical counseling” does not include the provision of clinical social work services.
(b) “Counseling interventions and psychotherapeutic techniques” means the application of cognitive,
affective, verbal or nonverbal, systemic or holistic counseling strategies that include principles of
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development, wellness, and maladjustment that reflect a pluralistic society. These interventions
and techniques are specifically implemented in the context of a professional clinical counseling
relationship and use a variety of counseling theories and approaches.
(c) “Assessment” means selecting, administering, scoring, and interpreting tests, instruments, and
other tools and methods designed to measure an individual’s attitudes, abilities, aptitudes,
achievements, interests, personal characteristics, disabilities, and mental, emotional, and
behavioral concerns and development and the use of methods and techniques for understanding
human behavior in relation to coping with, adapting to, or ameliorating changing life situations, as
part of the counseling process. “Assessment” shall not include the use of projective techniques in
the assessment of personality, individually administered intelligence tests, neuropsychological
testing, or utilization of a battery of three or more tests to determine the presence of psychosis,
dementia, amnesia, cognitive impairment, or criminal behavior.
(d) Professional clinical counselors shall refer clients to other licensed health care professionals when
they identify issues beyond their own scope of education, training, and experience.
§ 4999.22. CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN
PROFESSIONALS AND EMPLOYEES; REQUIRED NOTICE TO CLIENTS
(a) Nothing in this chapter shall prevent qualified persons from doing work of a psychosocial nature
consistent with the standards and ethics of their respective professions. However, these qualified
persons shall not hold themselves out to the public by any title or description of services
incorporating the words “licensed professional clinical counselor” and shall not state that they are
licensed to practice professional clinical counseling, unless they are otherwise licensed to provide
professional clinical counseling services.
(b) Nothing in this chapter shall be construed to constrict, limit, or withdraw provisions of the Medical
Practice Act, the Clinical Social Worker Practice Act, the Nursing Practice Act, the Psychology
Licensing Law, or the Licensed Marriage and Family Therapist Act.
(c) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious
denomination who performs counseling services as part of their pastoral or professional duties, or
to any person who is admitted to practice law in this state, or who is licensed to practice medicine,
who provides counseling services as part of their professional practice.
(d) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a
governmental entity, a school, a college, a university, or an institution that is both nonprofit and
charitable, if both of the following apply:
(1) The work of the employee or volunteer is performed under the oversight and direction of the
entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating
psychotherapy services or as soon as practicably possible thereafter, a notice written in at
least 12-point type that is in substantially the following form:
NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints
regarding the practice of psychotherapy by any unlicensed or unregistered practitioner
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providing services at (Name of agency). To file a complaint, contact (Telephone number,
email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services
provided by individuals licensed and registered by the board. If you have a complaint and
are unsure if your practitioner is licensed or registered, please contact the Board of
Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license
verification feature by visiting www.bbs.ca.gov.
(B) The delivery of the notice described in subparagraph (A) to the client shall be documented.
(e) Notwithstanding subdivisions (c) and (d), all persons registered as associates or licensed under
this chapter shall not be exempt from this chapter or the jurisdiction of the board.
§ 4999.23. TEMPORARY PRACTICE ALLOWANCE: LICENSEES IN ANOTHER STATE OR UNITED
STATES JURISDICTION
(a) Notwithstanding Section 4999.30, a person who holds a license in another jurisdiction of the
United States as a professional clinical counselor may provide professional clinical counseling
services in this state for a period not to exceed 30 consecutive days in any calendar year, if all of
the following conditions are met:
(1) The license from another jurisdiction is at the highest level for independent clinical practice in
the jurisdiction in which the license was granted.
(2) The license from another jurisdiction is current, active, and unrestricted.
(3) The client is located in California during the time the person seeks to provide care in California.
(4) The client is a current client of the person and has an established, ongoing client-provider
relationship with the person at the time the client became located in California.
(5) The person informs the client of the limited timeframe of the services and that the person is not
licensed in California.
(6) The person provides the client with the Board of Behavioral Sciences’ internet website
address.
(7) The person informs the client of the jurisdiction in which the person is licensed and the type of
license held and provides the client with the person’s license number.
(b) A person who intends to provide professional clinical counseling services pursuant to this section
shall provide the board with all of the following information before providing services:
(1) The name under which the person is licensed in another jurisdiction, the person’s mailing
address, the person’s phone number, the person’s social security number or individual
taxpayer identification number, and the person’s electronic mailing address, if the person has
an electronic mailing address.
(2) The jurisdiction in which the person is licensed, the type of license held, and the license
number.
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(3) The date on which the person will begin providing professional clinical counseling services to
the person’s client in California.
(c) A person who provides services pursuant to this section is deemed to have agreed to practicing
under the jurisdiction of the board and to be bound by the laws of this state.
(d) This section does not apply to any person licensed by the board whose license has been
suspended or revoked.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
§ 4999.25. EXEMPT SETTINGS
The settings described in Section 4999.22 are exempt settings and do not fall under the jurisdiction of
this chapter or the board except as specified in Section 4999.22, and with the following exceptions:
(a) Any individual working or volunteering in an exempt setting who is licensed or registered under
this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care
services shall not be considered an exempt setting unless it directly meets the criteria described in
Section 4999.22.
§ 4999.26. NONEXEMPT SETTINGS
(a) For the purposes of this chapter, the following definitions apply:
(1) “Nonexempt setting” means a setting that does not qualify as an exempt setting, as specified in
Section 4999.22.
(2) “Private practice” means a type of nonexempt setting that meets all of the following criteria:
(A) The practice is owned by a health professional who is licensed under this division, either
independently or jointly with one or more other health professionals who are licensed
under this division.
(B) The practice provides clinical mental health services, including psychotherapy, to clients.
(C) One or more licensed health professionals are responsible for the practice and for the
services provided and set conditions of client payment or reimbursement for the provision
of services.
(3) “Professional corporation” means a type of nonexempt setting and private practice that has
been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code.
(b) An active license or registration number shall be required to engage in the practice of professional
clinical counseling, as defined in Section 4999.20, in nonexempt settings at all times, except as
follows:
(1) A trainee may engage in the practice of professional clinical counseling in a nonexempt setting
that is not a private practice or a professional corporation while they are gaining supervised
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experience that meets the requirements of this chapter under the jurisdiction and supervision
of their school as specified in Section 4999.36.
(2) An applicant for registration as an associate may engage in the practice of professional clinical
counseling in a nonexempt setting that is not a private practice or a professional corporation
before the registration number is issued if they are in compliance with subdivision (b) of
Section 4999.46 and are gaining supervised experience that meets the requirements of this
chapter.
§ 4999.27. TRAINEE SERVICES
(a) Nothing in this chapter shall restrict or prevent activities of a psychotherapeutic or counseling
nature on the part of persons employed by accredited or state-approved academic institutions,
public schools, government agencies, or nonprofit institutions who train graduate students
pursuing a degree that qualifies for professional clinical counselor licensure at an accredited or
state-approved college or university, provided that these activities and services constitute a part of
a supervised course of study and that those persons are designated by a title such as “clinical
counselor trainee” or other title clearly indicating the training status appropriate to the level of
training.
(b) Notwithstanding subdivision (a), a graduate student shall not perform professional clinical
counseling in a private practice or a professional corporation.
ARTICLE 3. LICENSURE
§ 4999.30. NECESSITY OF LICENSE
Except as otherwise provided in this chapter, a person shall not practice or advertise the performance
of professional clinical counseling services without a license issued by the board, and shall pay the
license fee required by this chapter.
§ 4999.32. QUALIFICATIONS FOR LICENSURE OR REGISTRATION; GRADUATE
COURSEWORK BEGUN BEFORE AUGUST 1, 2012 AND COMPLETED BEFORE DECEMBER
31, 2018
(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 master’s 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).
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(c) The degree described in subdivision (b) shall be a single, integrated program that contains 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 profession’s scope of practice, counselor-client privilege, confidentiality, the
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client dangerous to self or others, treatment of minors with or without parental consent,
relationship between practitioner’s 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 planning.
(F) Treatment.
(G) Issues of development, adjustment, and maladjustment.
(H) Health and wellness promotion.
(I) Other recognized counseling interventions.
(J) 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 postmaster’s 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.
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(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 master’s 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.
§ 4999.33. QUALIFICATIONS FOR LICENSURE OR REGISTRATION; GRADUATE COURSEWORK
BEGINNING AFTER AUGUST 1, 2012 OR COMPLETED AFTER DECEMBER 31, 2018
(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.
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(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 master’s 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 be a single, integrated program that contains 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 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.
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(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
profession’s scope of practice, counselor-client privilege, confidentiality, the client
dangerous to self or others, treatment of minors with or without parental consent,
relationship between practitioner’s 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 planning.
(F) Treatment.
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(G) Issues of development, adjustment, and maladjustment.
(H) Health and wellness promotion.
(I) Professional writing including documentation of services, treatment plans, and progress
notes.
(J) How to find and use resources.
(K) Other recognized counseling interventions.
(L) 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:
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(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-master’s 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.
§ 4999.36. TRAINEE ACTIVITIES AND SERVICES; APPLICANT AND SCHOOL
RESPONSIBILITIES
(a) A clinical counselor trainee may perform activities and services provided that the activities and
services constitute part of the clinical counselor trainee’s supervised course of study and that the
person is designated by the title “clinical counselor trainee.”
(b) All practicum and field study hours gained as a clinical counselor trainee shall be coordinated
between the school and the site where hours are being accrued. The school shall approve each
site and shall have a written agreement with each site that details each party’s responsibilities,
including the methods by which supervision shall be provided. The agreement shall provide for
regular progress reports and evaluations of the student’s performance at the site.
(c) If an applicant has gained practicum and field study hours while enrolled in an institution other
than the one that confers the qualifying degree, it shall be the applicant’s responsibility to provide
to the board satisfactory evidence that those practicum and field study hours were gained in
compliance with this section.
(d) A clinical counselor trainee shall inform each client or patient, prior to performing any professional
services, that he or she is unlicensed and under supervision.
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(e) No hours earned while a clinical counselor trainee may count toward the 3,000 hours of required
postdegree supervised experience.
§ 4999.40. DEGREE GRANTING PROGRAMS; NOTIFICATION OF QUALIFICATION TO
STUDENTS; EQUIVALENT EDUCATION AND TRAINING GAINED OUTSIDE THE UNITED
STATES
(a) Each educational institution preparing applicants to qualify for licensure shall notify each of its
students by means of its public documents or otherwise in writing that its degree program is
designed to meet the requirements of Section 4999.32 or 4999.33 and shall certify to the board
that it has so notified its students.
(b) An applicant for registration or licensure shall submit to the board a certification by the applicant’s
educational institution that the institution’s required curriculum for graduation and any associated
coursework completed by the applicant does one of the following:
(1) Meets all of the requirements set forth in Section 4999.32.
(2) Meets all of the requirements set forth in Section 4999.33.
(c) An applicant trained at an educational institution outside the United States shall demonstrate to
the satisfaction of the board that he or she possesses a qualifying degree that is equivalent to a
degree earned from an institution of higher education that is accredited or approved. These
applicants shall provide the board with a comprehensive evaluation of the degree performed by a
foreign credential evaluation service that is a member of the National Association of Credential
Evaluation Services and shall provide any other documentation the board deems necessary.
§ 4999.42. ASSOCIATE REGISTRATION; QUALIFICATION
(a) An applicant shall meet all of the following qualifications to qualify for registration as an associate:
(1) Earned a master’s or doctoral degree as specified in Section 4999.32 or 4999.33, as
applicable. An applicant whose education qualifies the applicant under Section 4999.32 shall
also have completed the coursework or training specified in subdivision (e) of Section 4999.32.
(2) Be at least 18 years of age.
(3) Not be subject to denial of licensure pursuant to Section 480.
(b) (1) The board shall not issue a registration to any person who has been convicted of a crime in
this or another state or in a territory of the United States that involves sexual abuse of children
or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in
another state or territory.
(2) A denial issued pursuant to this subdivision shall comply with the conditions for denial
specified in Section 480.
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§ 4999.46. SUPERVISED POST-MASTER’S EXPERIENCE
(a) Except as provided in subdivision (b), all applicants shall have an active associate registration with
the board in order to gain postdegree hours of supervised experience.
(b) (1) Postdegree hours of experience gained before the issuance of an associate registration shall
be credited toward licensure if all of the following apply:
(A) The registration applicant applies for the associate registration and the board receives the
application within 90 days of the granting of the qualifying master’s degree or doctoral
degree.
(B) For applicants completing graduate study on or after January 1, 2020, the experience is
obtained at a workplace that, prior to the registration applicant gaining supervised
experience hours, requires completed Live Scan fingerprinting. The applicant shall provide
the board with a copy of that completed State of California “Request for Live Scan Service”
form with their application for licensure.
(C) The board subsequently grants the associate registration.
(2) The applicant shall not be employed or volunteer in a private practice or a professional
corporation until they have been issued an associate registration by the board.
(c) Supervised experience that is obtained for the purposes of qualifying for licensure shall be related
to the practice of professional clinical counseling and comply with the following:
(1) A minimum of 3,000 postdegree hours performed over a period of not less than two years (104
weeks).
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,750 hours of direct clinical counseling with individuals, groups, couples, or
families using a variety of psychotherapeutic techniques and recognized counseling
interventions.
(4) A maximum of 1,250 hours of nonclinical practice, consisting of direct supervisor contact,
administering and evaluating psychological tests, writing clinical reports, writing progress or
process notes, client-centered advocacy, and workshops, seminars, training sessions, or
conferences directly related to professional clinical counseling that have been approved by the
applicant’s supervisor.
(5) A maximum of 1,200 hours gained under the supervision of a licensed educational
psychologist providing educationally related mental health services that are consistent with the
scope of practice of an educational psychologist, as specified in Section 4989.14.
(d) An individual who submits an application for licensure between January 1, 2016, and December
31, 2020, may alternatively qualify under the experience requirements of this section that were in
place on January 1, 2015.
(e) Experience hours shall not have been gained more than six years prior to the date the application
for licensure was received by the board.
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§ 4999.46.1. RESPONSIBILITIES OF ASSOCIATES
(a) An associate or applicant for licensure shall be under the supervision of a supervisor at all times.
(b) An associate shall do both of the following:
(1) Inform each client, before performing any professional services, that the associate is
unlicensed and under supervision.
(2) Renew the registration a maximum of five times. A registration shall not be renewed or
reinstated beyond six years from the last day of the month during which it was issued,
regardless of whether it has been revoked.
(c) When no further renewals are possible, an applicant may apply for and obtain a subsequent
associate registration number if the applicant meets the educational requirements for a
subsequent associate registration number and has passed the California law and ethics
examination. An applicant issued a subsequent associate registration number shall not be
employed or volunteer in a private practice.
§ 4999.46.2. DIRECT SUPERVISOR CONTACT; INOPERATIVE JANUARY 1, 2026
(a) Except for experience gained by attending workshops, seminars, training sessions, or
conferences, as described in paragraph (4) of subdivision (c) of Section 4999.46, direct supervisor
contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact in each week for which
experience is credited in each work setting.
(2) A trainee shall receive an average of at least one hour of direct supervisor contact for every
five hours of direct clinical counseling performed each week in each setting. For experience
gained after January 1, 2009, no more than six hours of supervision, whether individual, triadic,
or group, shall be credited during any single week.
(3) An associate gaining experience who performs more than 10 hours of direct clinical counseling
in a week in any setting shall receive at least one additional hour of direct supervisor contact
for that setting. For experience gained after January 1, 2009, no more than six hours of
supervision, whether individual supervision, triadic supervision, or group supervision, shall be
credited during any single week.
(4) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic
supervision, or a combination of both.
(b) (1) For purposes of this chapter, “one hour of direct supervisor contact” means any of the
following:
(A) Individual supervision, which means one hour of face-to-face contact between one
supervisor and one supervisee.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor
and two supervisees.
(C) Group supervision, which means two hours of face-to-face contact between one supervisor
and no more than eight supervisees. Segments of group supervision may be split into no
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less than one continuous hour. The supervisor shall ensure that the amount and degree of
supervision is appropriate for each supervisee.
(2) For purposes of this subdivision, “face-to-face contact” means in-person contact, contact via
two-way, real-time videoconferencing, or some combination of these.
(c) The supervisor shall be responsible for ensuring compliance with federal and state laws relating to
confidentiality of patient health information.
(d) (1) Within 60 days of the commencement of supervision, a supervisor shall conduct a meeting
with the supervisee during which the supervisor shall assess the appropriateness of allowing the
supervisee to receive supervision via two-way, real-time videoconferencing. This assessment of
appropriateness shall include, but is not limited to, the abilities of the supervisee, the preferences
of both the supervisee and supervisor, and the privacy of the locations of the supervisee and
supervisor while supervision is conducted.
(2) The supervisor shall document the results of the assessment made pursuant to paragraph (1),
and shall not utilize supervision via two-way, real-time videoconferencing if their assessment
finds it is not appropriate.
(e) Direct supervisor contact shall occur within the same week as the hours claimed.
(f) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the
alternative supervision meets the requirements in this chapter.
(g) Notwithstanding any other law, once the required number of experience hours are gained,
associates and applicants for licensure shall receive a minimum of one hour of direct supervisor
contact per week for each practice setting in which direct clinical counseling is performed. Once
the required number of experience hours are gained, further supervision for nonclinical practice,
as defined in paragraph (4) of subdivision (c) of Section 4999.46, shall be at the supervisor’s
discretion.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
§ 4999.46.2. DIRECT SUPERVISOR CONTACT; OPERATIVE JANUARY 1, 2026
(a) Except for experience gained by attending workshops, seminars, training sessions, or
conferences, as described in paragraph (4) of subdivision (c) of Section 4999.46, direct supervisor
contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact in each week for which
experience is credited in each work setting.
(2) A trainee shall receive an average of at least one hour of direct supervisor contact for every
five hours of direct clinical counseling performed each week in each setting. For experience
gained after January 1, 2009, no more than six hours of supervision, whether individual, triadic,
or group, shall be credited during any single week.
(3) An associate gaining experience who performs more than 10 hours of direct clinical counseling
in a week in any setting shall receive at least one additional hour of direct supervisor contact
for that setting. For experience gained after January 1, 2009, no more than six hours of
supervision, whether individual supervision, triadic supervision, or group supervision, shall be
credited during any single week.
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(4) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic
supervision, or a combination of both.
(b) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(1) Individual supervision, which means one hour of face-to-face contact between one supervisor
and one supervisee.
(2) Triadic supervision, which means one hour of face-to-face contact between one supervisor and
two supervisees.
(3) Group supervision, which means two hours of face-to-face contact between one supervisor
and no more than eight supervisees. Segments of group supervision may be split into no less
than one continuous hour. The supervisor shall ensure that the amount and degree of
supervision is appropriate for each supervisee.
(c) Direct supervisor contact shall occur within the same week as the hours claimed.
(d) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the
alternative supervision meets the requirements in this chapter.
(e) Notwithstanding subdivision (b), a supervisee working in an exempt setting described in Section
4999.22 may obtain the required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring compliance with federal and
state laws relating to confidentiality of patient health information.
(f) Notwithstanding any other law, once the required number of experience hours are gained,
associates and applicants for licensure shall receive a minimum of one hour of direct supervisor
contact per week for each practice setting in which direct clinical counseling is performed. Once
the required number of experience hours are gained, further supervision for nonclinical practice,
as defined in paragraph (4) of subdivision (c) of Section 4999.46, shall be at the supervisor’s
discretion.
(g) This section shall become operative on January 1, 2026.
§ 4999.46.3. SUPERVISED EXPERIENCE: ACCEPTABLE SETTINGS; ACCEPTABLE
SUPERVISION PRACTICES
(a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health
and related services as an employee or volunteer, and not as an independent contractor. The
requirements of this chapter regarding hours of experience and supervision shall apply equally to
employees and volunteers. A clinical counselor trainee, associate, or applicant for licensure shall
not perform any services or gain any experience within the scope of practice of the profession, as
defined in Section 4999.20, as an independent contractor. While an associate may be either a
paid employee or a volunteer, employers are encouraged to provide fair remuneration.
(1) If employed, an associate shall provide the board, upon application for licensure, with copies of
the corresponding W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a
letter from their employer verifying the associate’s status as a volunteer during the dates the
experience was gained.
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(b) A clinical counselor trainee shall not perform services in a private practice or professional
corporation.
(c) A trainee shall complete the required predegree supervised practicum or field study experience in
a setting that meets all of the following requirements:
(1) Is not a private practice or a professional corporation.
(2) Lawfully and regularly provides mental health counseling or psychotherapy.
(3) Provides oversight to ensure that the clinical counselor trainee’s work at the setting meets the
experience and supervision requirements in this chapter and is within the scope of practice of
the profession, as defined in Section 4999.20.
(4) Only experience gained in the position for which the clinical counselor trainee volunteers or is
employed shall qualify as supervised practicum or field study experience.
(d) (1) An associate may be credited with supervised experience completed in any setting that meets
both of the following:
(A) Lawfully and regularly provides mental health counseling or psychotherapy.
(B) Provides oversight to ensure that the associate’s work at the setting meets the experience
and supervision requirements in this chapter and is within the scope of practice for the
profession, as defined in Section 4999.20.
(2) Only experience gained in the position for which the associate volunteers or is employed shall
qualify as supervised experience.
(3) An applicant for registration as an associate shall not be employed or volunteer in a private
practice or professional corporation until they have been issued an associate registration by
the board.
(e) Any experience obtained under the supervision of a spouse, relative, or domestic partner shall not
be credited toward the required hours of supervised experience. Any experience obtained under
the supervision of a supervisor with whom the applicant has had or currently has a personal,
professional, or business relationship that undermines the authority or effectiveness of the
supervision shall not be credited toward the required hours of supervised experience.
(f) A clinical counselor trainee, associate, or applicant for licensure shall not receive any remuneration
from patients or clients and shall only be paid by their employer, if an employee.
(g) A clinical counselor trainee, associate, or applicant for licensure shall have no proprietary interest
in their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of their employer.
(h) A clinical counselor trainee, associate, or applicant for licensure who provides voluntary services
in any lawful work setting and who only receives reimbursement for expenses actually incurred
shall be considered an employee. The board may audit an applicant for licensure who receives
reimbursement for expenses and the applicant for licensure shall have the burden of
demonstrating that the payments received were for reimbursement of expenses actually incurred.
(i) A clinical counselor trainee, associate, or applicant for licensure who receives a stipend or
educational loan repayment from a program designed to encourage demographically
underrepresented groups to enter the profession or to improve recruitment and retention in
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underserved regions or settings shall be considered an employee. The board may audit an
applicant who receives a stipend or educational loan repayment and the applicant shall have the
burden of demonstrating that the payments were for the specified purposes.
(j) A clinical counselor trainee or associate may provide services via telehealth that are in the scope
of practice outlined in this chapter.
(k) Each educational institution preparing applicants pursuant to this chapter shall consider requiring,
and shall encourage, its students to undergo individual, marital, conjoint, family, or group
counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and
encourage their associates and trainees regarding the advisability of undertaking individual,
marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is
deemed appropriate and is desired by the applicant, educational institutions and supervisors are
encouraged to assist the applicant to locate that counseling or psychotherapy at a reasonable
cost.
§ 4999.46.4. SUPERVISEES: LOCATION OF SERVICES; MAXIMUM NUMBER OF REGISTRANTS;
OVERSIGHT AGREEMENT
(a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health
and related services at the places where their employer permits business to be conducted.
(b) An associate who is employed by or volunteering in a private practice or a professional
corporation shall be supervised by an individual who is both of the following:
(1) Is employed by or contracted by the associate’s employer or is an owner of the private practice
or professional corporation.
(2) Either provides psychotherapeutic services to clients for the associate’s employer, or meets
both of the following:
(A) The supervisor and the associate’s employer have a written contract providing the
supervisor the same access to the associate’s clinical records provided to employees of
that employer.
(B) The associate’s clients authorize the release of their clinical records to the supervisor.
(c) Supervisors of supervisees in a nonexempt setting shall not serve as individual or triadic
supervisors for more than six supervisees at any time. Supervisees may be registered as
associate marriage and family therapists, associate professional clinical counselors, associate
clinical social workers, or any combination of these registrations.
(d) A written oversight agreement, as specified by the board by regulation, shall be executed between
the supervisor and employer when the supervisor is not employed by the supervisee’s employer
or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be
gaining experience to determine that the site or sites comply with the requirements of this chapter.
§ 4999.46.5. AUDITS OF SUPERVISORS
The board may audit the records of any supervisor to verify the completion of the supervisor
qualifications specified by this chapter and by regulation. A supervisor shall maintain records of
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completion of the required supervisor qualifications for seven years after termination of supervision
and shall make these records available to the board for auditing purposes upon request.
§ 4999.48. RULES AND REGULATIONS
The board shall adopt regulations regarding the supervision of associates that may include, but not
be limited to, the following:
(a) Supervisor qualifications.
(b) Continuing education requirements of supervisors.
(c) Registration or licensing of supervisors, or both.
(d) General responsibilities of supervisors.
(e) The board’s authority in cases of noncompliance or gross or repeated negligence by supervisors.
§ 4999.50. ISSUANCE OF LICENSE; REQUIREMENTS
(a) The board may issue a professional clinical counselor license to any person who meets all of the
following requirements:
(1) He or she has received a master’s or doctoral degree described in Section 4999.32 or 4999.33,
as applicable.
(2) He or she has completed at least 3,000 hours of supervised experience in the practice of
professional clinical counseling.
(3) He or she provides evidence of a passing score, as determined by the board, on the
examinations designated in Section 4999.53.
(b) An applicant for licensure who has satisfied the requirements of this chapter shall be issued a
license as a professional clinical counselor.
§ 4999.51. CRIMINAL OFFENDER RECORD INFORMATION; REQUIREMENTS FOR LICENSURE
AND REGISTRATION
An applicant for licensure as a professional clinical counselor or registration as an associate shall
satisfy the following qualifications:
(a) Not be subject to denial of licensure pursuant to Section 480.
(b) (1) Not have been convicted of a crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to register pursuant to Section 290 of
the Penal Code or the equivalent in another state or territory.
(2) A denial issued pursuant to this subdivision shall comply with the conditions for denial
specified in Section 480.
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(c) Have successfully passed a state and federal level criminal offender record information search
conducted through the Department of Justice by submitting fingerprint images and other
information to the Department of Justice for the purpose of obtaining records of state and federal
convictions and arrests. The board shall request the subsequent arrest notification service on all
applicants, pursuant to Section 11105.2 of the Penal Code.
§ 4999.52. EXAMINATION; BOARD DETERMINATION; EXAMINATION ADMISSION DENIAL
(a) Every applicant for a license as a professional clinical counselor shall take one or more
examinations, as determined by the board, to ascertain their knowledge, professional skills, and
judgment in the utilization of appropriate techniques and methods of professional clinical
counseling.
(b) The examinations shall be given at least twice a year at a time and place and under supervision
as the board may determine.
(c) The board shall not deny any applicant admission to an examination who has submitted a
complete application for examination admission if the applicant meets the educational and
experience requirements of this chapter and has not committed any acts or engaged in any
conduct that would constitute grounds to deny licensure.
(d) The board shall not deny any applicant, whose application for licensure is complete, admission to
the clinical examination, nor shall the board postpone or delay any applicant’s clinical
examination, solely upon the receipt by the board of a complaint alleging acts or conduct that
would constitute grounds to deny licensure.
(e) If an applicant for the examination specified by paragraph (2) of subdivision (a) of Section
4999.53, who has passed the California law and ethics examination, is the subject of a complaint
or is under board investigation for acts or conduct that, if proven to be true, would constitute
grounds for the board to deny licensure, the board shall permit the applicant to take this
examination, but may notify the applicant that licensure will not be granted pending completion of
the investigation.
(f) Notwithstanding Section 135, the board may deny any applicant who has previously failed either
the California law and ethics examination, or the examination specified by paragraph (2) of
subdivision (a) of Section 4999.53, permission to retake either examination pending completion of
the investigation of any complaints against the applicant.
(g) Nothing in this section shall prohibit the board from denying an applicant admission to any
examination or refusing to issue a license to any applicant when an accusation or statement of
issues has been filed against the applicant pursuant to Section 11503 or 11504 of the Government
Code, respectively, or the application has been denied in accordance with subdivision (b) of
Section 485.
(h) Notwithstanding any other provision of law, the board may destroy all examination materials two
years following the date of an examination.
(i) If the examination specified by paragraph (2) of subdivision (a) of Section 4999.53 is not passed
within seven years of an applicant for licensure’s initial attempt, the applicant shall obtain a passing
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score on the current version of the California law and ethics examination in order to be eligible to
retake this examination.
(j) A passing score on the clinical examination shall be accepted by the board for a period of seven
years from the date the examination was taken.
§ 4999.53. REQUIRED EXAMINATIONS
(a) Effective January 1, 2016, a registrant or an applicant for licensure as a professional clinical
counselor shall pass the following examinations as prescribed by the board:
(1) A California law and ethics examination.
(2) A clinical examination administered by the board, or the National Clinical Mental Health
Counselor Examination if the board finds that this examination meets the prevailing standards
for validation and use of the licensing and certification tests in California.
(b) Upon registration with the board, an associate professional clinical counselor shall, within the first
year of registration, take an examination on California law and ethics.
(c) A registrant or an applicant for licensure may take the clinical examination or the National Clinical
Mental Health Counselor Examination, as established by the board through regulation, only upon
meeting all of the following requirements:
(1) Completion of all required supervised work experience.
(2) Completion of all education requirements.
(3) Passage of the California law and ethics examination.
(d) This section shall become operative on January 1, 2016.
§ 4999.55. CALIFORNIA LAW AND ETHICS: EXAMINATION AND CONTINUING EDUCATION
(a) Each applicant and registrant shall obtain a passing score on a board-administered California law
and ethics examination in order to qualify for licensure.
(b) A registrant shall take a board-administered California law and ethics examination before their
registration renewal.
(c) If an applicant fails the California law and ethics examination, they may retake the examination,
upon payment of the required fees, without further application.
(d) The board shall not issue a subsequent registration number unless the applicant has passed the
California law and ethics examination.
(e) A registrant shall complete a minimum of three hours of continuing education in the subject of
California law and ethics during each renewal period in order to be eligible to renew their
registration, regardless of whether or not they have passed the California law and ethics
examination. The coursework shall be obtained from a board-accepted provider of continuing
education, as specified in Section 4999.76.
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§ 4999.60. OUT-OF-STATE APPLICANTS: LICENSURE BY CREDENTIAL
(a) The board may issue a license to a person who, at the time of submitting an application for a
license pursuant to this chapter, holds a license in another jurisdiction of the United States as a
professional clinical counselor at the highest level for independent clinical practice if all of the
following requirements are met:
(1) The applicant’s license in the other jurisdiction has been current, active, and unrestricted for at
least two years immediately before the date the application was received by the board. The
applicant shall disclose to the board for review any past restrictions or disciplinary action on an
out-of-state license, and the board shall consider those actions in determining whether to issue
a license to the applicant.
(2) The applicant’s degree that qualified the applicant for the out-of-state license is a master’s or
doctoral degree that was obtained from an accredited or approved institution, as defined in
Section 4999.12.
(3) The applicant complies with the fingerprint requirements established in Section 144.
(4) The applicant completes the coursework specified in subparagraphs (A) and (B) 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) A minimum of 12 hours of coursework 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, therapist disclosures to clients, the
application of legal and ethical standards in different types of work settings, and licensing
law and licensing process.
(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) The applicant obtains 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.
(6) On and after January 1, 2021, the applicant shall show proof of completion of at least six hours
of coursework or applied experience under supervision in suicide risk assessment and
intervention using one of the methods specified in Section 4999.66.
(7) The applicant passes the board-administered California law and ethics examination specified
in Section 4999.53. The clinical examination specified in Section 4999.53 shall be waived for
an applicant qualifying under this section.
(b) This section was developed based on an examination of the licensure requirements for
professional clinical counselors on a national level. This section shall not be construed to apply to
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any provisions under this division or Division 3 (commencing with Section 5000) other than this
act.
§ 4999.61. OUT-OF-STATE APPLICANTS: LICENSURE BY EDUCATION AND EXPERIENCE
(a) This section applies to persons with education gained from an out-of-state school or experience
gained outside of California who apply for licensure or registration who do not qualify for a license
under Section 4999.60.
(b) The board shall accept education gained from an out-of-state school for purposes of satisfying
licensure or registration requirements if the education is substantially equivalent, as defined in
Section 4999.62, and the applicant complies with subdivision (c) of Section 4999.40, if applicable.
(c) The board shall accept experience gained outside of California for purposes of satisfying licensure
or registration requirements if the experience is substantially equivalent to the experience required
by this chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience,
the board shall accept as qualifying supervised experience the amount of time the applicant held
an active license in good standing in another state or country as a professional clinical counselor
at the highest level for independent clinical practice at a rate of 100 hours per month, up to a
maximum of 1,200 hours.
(d) An applicant who obtained a license or registration in another state or country may qualify for
licensure with the board without taking the clinical examination specified in Section 4999.53 if both
of the following conditions are met:
(1) The applicant obtained a passing score on the clinical licensing examination set forth in
regulation as accepted by the board.
(2) The applicant’s license or registration in that state or country is active and in good standing at
the time of the application and is not revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered.
§ 4999.62. LICENSURE BY EDUCATION AND EXPERIENCE: SUBSTANTIALLY EQUIVALENT
EDUCATION
(a) This section applies to persons with education gained from an out-of-state school who apply for
licensure or registration and who do not qualify for a license under 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 a 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.
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(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 a 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) (i) 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.
(ii) An out-of-state applicant who holds a valid license in good standing in another state or
country as a professional clinical counselor at the highest level for independent clinical
practice is exempt from the practicum requirement specified in clause (i).
(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 a 12-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, therapist disclosures to clients, the application of
legal and ethical standards in different types of work settings, and licensing law and the
licensing process. The 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. An applicant shall complete this
coursework before 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
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law and ethics. An applicant shall complete this coursework before registration as an
associate.
(iv) An applicant who holds a valid license in good standing in another state or country as a
professional clinical counselor at the highest level for independent clinical practice may
complete any units and course content requirements required in this subparagraph not
already completed in the applicant’s education while registered as an associate, unless
otherwise specified.
(2) The applicant completes any units required by subdivision (c) of Section 4999.33 not
already completed in the applicant’s 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 the
applicant’s 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 the applicant’s
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
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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 the applicant’s education while
registered with the board as an associate.
(6) On and after January 1, 2021, an applicant for licensure shall show proof of completion of
at least six hours of coursework or applied experience under supervision in suicide risk
assessment and intervention using one of the methods specified in Section 4999.66.
§ 4999.64. REEXAMINATION
(a) Effective January 1, 2016, an applicant who fails the examination specified in paragraph (2) of
subdivision (a) of Section 4999.53 may, within one year from the notification date of that failure,
retake the examination as regularly scheduled without further application upon payment of the fee
for the examination. Thereafter, the applicant shall not be eligible for further examination until he
or she files a new application, meets all requirements in effect on the date of application, and pays
all required fees.
(b) This section shall become operative on January 1, 2016.
§ 4999.66. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK
ASSESSMENT AND INTERVENTION
(a) On or after January 1, 2021, an applicant for licensure as a professional clinical counselor shall
show, as part of the application, that they have completed a minimum of six hours of coursework
or applied experience under supervision in suicide risk assessment and intervention. This
requirement shall be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained as part of their applied experience. Applied experience can be met in any of the
following settings: practicum or associateship that meets the requirement of this chapter,
formal postdoctoral placement that meets the requirements of Section 2911, or other qualifying
supervised experience. To satisfy this requirement, the applicant shall submit to the board a
written certification from the director of training for the program or primary supervisor where the
qualifying experience has occurred stating that the training required by this section is included
within the applied experience.
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(3) By taking a continuing education course that meets the requirements of Section 4999.76. To
satisfy this requirement, the applicant shall submit to the board a certification of completion.
(b) As a one-time requirement, a licensee prior to the time of their first renewal after January 1, 2021,
or an applicant for reactivation or reinstatement to an active license status on or after January 1,
2021, shall have completed a minimum of six hours of coursework or applied experience under
supervision in suicide risk assessment and intervention, using one of the methods specified in
subdivision (a). Proof of compliance with this section shall be certified under penalty of perjury that
they are in compliance with this section and shall be retained for submission to the board upon
request.
§ 4999.67. REQUIRED TRAINING OR COURSEWORK: PROVISION OF MENTAL HEALTH
SERVICES VIA TELEHEALTH
(a) On or after July 1, 2023, an applicant for licensure as a professional clinical counselor shall show,
as part of the application, that they have completed a minimum of three hours of training or
coursework in the provision of mental health services via telehealth, which shall include law and
ethics related to telehealth. This requirement shall be met in one of the following ways:
(1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the
applicant shall submit to the board a written certification from the registrar or training director of
the educational institution or program from which the applicant graduated stating that the
coursework required by this section is included within the institution’s curriculum required for
graduation at the time the applicant graduated, or within the coursework that was completed by
the applicant.
(2) Obtained by completing a continuing education course that meets the requirements of Section
4999.76. To satisfy this requirement, the applicant shall submit to the board a certification of
completion.
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or
an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023,
shall have completed a minimum of three hours of training or coursework in the provision of
mental health services via telehealth, which shall include law and ethics related to telehealth,
using one of the methods specified in subdivision (a).
(c) Proof of compliance with subdivision (b) shall be certified under penalty of perjury that they are in
compliance with this section and shall be retained for submission to the board upon request.
ARTICLE 4. PRACTICE REQUIREMENTS
§ 4999.70. DISPLAY OF LICENSE
A licensee shall display his or her license in a conspicuous place in his or her primary place of
practice.
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§ 4999.71. REQUIRED NOTICE TO CLIENTS
(a) Effective July 1, 2020, a licensee or registrant shall provide a client with a notice written in at least
12-point type prior to initiating psychotherapy services, or as soon as practicably possible
thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services
provided within the scope of practice of professional clinical counselors. You may contact the
board online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b) The delivery of the notice required by this section to the client shall be documented.
§ 4999.72. FICTITIOUS BUSINESS NAME
Any licensed professional clinical counselor who owns a business using a fictitious business name
shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the
commencement of treatment, of the name and license designation of the owner or owners of the
practice.
§ 4999.74. COUNSELING RELATIONSHIP AND PROCESS; DISCLOSURE REQUIREMENT
Licensed professional clinical counselors shall provide to each client accurate information about the
counseling relationship and the counseling process.
§ 4999.75. CLIENT RECORDS: RETENTION
(a) A licensed professional clinical counselor shall retain a client’s or patient’s health service records
for a minimum of seven years from the date therapy is terminated. If the client or patient is a
minor, the client’s or patient’s health service records shall be retained for a minimum of seven
years from the date the client or patient reaches 18 years of age. Health service records may be
retained in either a written or an electronic format.
(b) This section shall apply only to the records of a client or patient whose therapy is terminated on or
after January 1, 2015.
§ 4999.76. CONTINUING EDUCATION
(a) (1) Except as provided in subdivision (c), the board shall not renew any license pursuant to this
chapter unless the applicant certifies to the board, on a form prescribed by the board, that the
applicant has completed not less than 36 hours of approved continuing education in or relevant
to the field of professional clinical counseling in the preceding two years, as determined by the
board.
(2) The board shall not renew any registration pursuant to this chapter unless the registrant
certifies under penalty of perjury to the board, and on a form prescribed by the board, that they
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have completed not less than three hours of continuing education in the subject of California
law and ethics during the preceding year.
(b) The board shall have the right to audit the records of any applicant to verify the completion of the
continuing education requirement. Applicants shall maintain records of completed continuing
education coursework for a minimum of two years and shall make these records available to the
board for auditing purposes upon request.
(c) The board may establish exceptions from the continuing education requirement of this section for
good cause, as defined by the board.
(d) The continuing education shall be obtained from one of the following sources:
(1) A school, college, or university that is accredited or approved, as defined in Section 4999.12.
Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a
regular degree program.
(2) Other continuing education providers as specified by the board by regulation.
(e) The board shall establish, by regulation, a procedure for identifying acceptable providers of
continuing education courses, and all providers of continuing education, as described in
paragraphs (1) and (2) of subdivision (d), shall adhere to procedures established by the board.
The board may revoke or deny the right of a provider to offer continuing education coursework
pursuant to this section for failure to comply with this section or any regulation adopted pursuant
to this section.
(f) Training, education, and coursework by approved providers shall incorporate one or more of the
following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of
professional clinical counseling.
(2) Significant recent developments in the discipline of professional clinical counseling.
(3) Aspects of other disciplines that enhance the understanding or the practice of professional
clinical counseling.
(g) A system of continuing education for licensed professional clinical counselors shall include
courses directly related to the diagnosis, assessment, and treatment of the client population being
served.
(h) The continuing education requirements of this section shall fully comply with the guidelines for
mandatory continuing education established by the Department of Consumer Affairs pursuant to
Section 166.
ARTICLE 5. ENFORCEMENT
§ 4999.80. ENFORCEMENT OF LAWS; BOARD DUTIES
In order to carry out the provisions of this chapter, the board shall do all of the following:
(a) Enforce laws designed to protect the public from incompetent, unethical, or unprofessional
practitioners.
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(b) Investigate complaints concerning the conduct of any licensed professional clinical counselor.
(c) Revoke, suspend, or fail to renew a license that it has authority to issue for just cause, as
enumerated in rules and regulations of the board. The board may deny, suspend, or revoke any
license granted under this chapter pursuant to Section 480, 481, 484, 490, 496, 498, or 499.
§ 4999.82. ENGAGING IN THE PRACTICE; UNLAWFUL ACTS; LICENSURE REQUIREMENT
It shall be unlawful for any person to engage in any of the following acts:
(a) Engage in the practice of professional clinical counseling, as defined in Section 4999.20, without
first having complied with the provisions of this chapter and without holding a valid license as
required by this chapter.
(b) Represent himself or herself by the title "licensed professional clinical counselor," "LPCC,"
"licensed clinical counselor," or "professional clinical counselor" without being duly licensed
according to the provisions of this chapter.
(c) Make any use of any title, words, letters, or abbreviations, that may reasonably be confused with a
designation provided by this chapter to denote a standard of professional or occupational
competence without being duly licensed.
(d) Materially refuse to furnish the board information or records required or requested pursuant to this
chapter.
§ 4999.84. PRIVILEGED COMMUNICATION
It is the intent of the Legislature that any communication made by a person to a licensed professional
clinical counselor in the course of professional services shall be deemed a privileged communication.
§ 4999.86. VIOLATIONS OF CHAPTER PROVISIONS; MISDEMEANOR
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable
by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand
five hundred dollars ($2,500), or by both that fine and imprisonment.
§ 4999.88. ISSUANCE OF AN INJUNCTION TO RESTRAIN CONDUCT
In addition to other proceedings provided in this chapter, whenever any person has engaged, or is
about to engage, in any acts or practices that constitute, or will constitute, an offense against this
chapter, the superior court in and for the county wherein the acts or practices take place, or are about
to take place, may issue an injunction, or other appropriate order, restraining that conduct on
application of the board, the Attorney General, or the district attorney of the county. The proceedings
under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2
of the Code of Civil Procedure.
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§ 4999.90. UNPROFESSIONAL CONDUCT
The board may refuse to issue any registration or license, or may suspend or revoke the registration
or license of any associate or licensed professional clinical counselor, if the applicant, licensee, or
registrant has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) The conviction of a crime substantially related to the qualifications, functions, or duties of a
licensee or registrant under this chapter. The record of conviction shall be conclusive evidence
only of the fact that the conviction occurred. The board may inquire into the circumstances
surrounding the commission of the crime in order to fix the degree of discipline or to determine if
the conviction is substantially related to the qualifications, functions, or duties of a licensee or
registrant under this chapter. A conviction has the same meaning as defined in Section 7.5. The
board may order any license or registration suspended or revoked, or may decline to issue a
license or registration when the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or, when an order granting probation is made suspending the imposition
of sentence. All actions pursuant to this subdivision shall be taken pursuant to Division 1.5
(commencing with Section 475).
(b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for
licensure or registration submitted to the board, whether engaged in by an applicant for a license
or registration, or by a licensee in support of any application for licensure or registration.
(c) Administering to themself any controlled substance or using any of the dangerous drugs specified
in Section 4022, or any alcoholic beverage to the extent, or in a manner, as to be dangerous or
injurious to the person applying for a registration or license or holding a registration or license
under this chapter, or to any other person, or to the public, or, to the extent that the use impairs
the ability of the person applying for or holding a registration or license to conduct with safety to
the public the practice authorized by the registration or license. The board shall deny an
application for a registration or license or revoke the license or registration of any person, other
than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the
course of performing licensed professional clinical counseling services.
(d) Gross negligence or incompetence in the performance of licensed professional clinical counseling
services.
(e) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any
regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or registration held by the person, or
otherwise misrepresenting or permitting misrepresentation of the licensee’s or registrant’s
education, professional qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or,
in the case of a licensee or registrant, allowing any other person to use the licensee’s or
registrant’s license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any unlicensed or unregistered person to
engage in conduct for which a license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm to any client.
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(j) The commission of any dishonest, corrupt, or fraudulent act substantially related to the
qualifications, functions, or duties of a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client within two years following termination
of therapy, soliciting sexual relations with a client, or committing an act of sexual abuse, or sexual
misconduct with a client, or committing an act punishable as a sexually related crime, if that act or
solicitation is substantially related to the qualifications, functions, or duties of a licensed
professional clinical counselor.
(l) Performing, or holding oneself out as being able to perform, or offering to perform, or permitting
any trainee, applicant, or registrant under supervision to perform, any professional services
beyond the scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all
information that has been received from a client in confidence during the course of treatment and
all information about the client which is obtained from tests or other means.
(n) Prior to the commencement of treatment, failing to disclose to the client or prospective client the
fee to be charged for the professional services, or the basis upon which that fee will be computed.
(o) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether
monetary or otherwise, for the referral of professional clients. All consideration, compensation, or
remuneration shall be in relation to professional clinical counseling services actually provided by
the licensee. This subdivision does not prevent collaboration among two or more licensees in a
case or cases. However, no fee shall be charged for that collaboration, except when disclosure of
the fee has been made in compliance with subdivision (n).
(p) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section
651.
(q) Reproduction or description in public, or in any publication subject to general public distribution, of
any psychological test or other assessment device, the value of which depends in whole or in part
on the naivete of the subject, in ways that might invalidate the test or device.
(r) Any conduct in the supervision of a registered associate, trainee, or applicant by any licensee that
violates this chapter or any rules or regulations adopted by the board.
(s) Performing or holding oneself out as being able to perform mental health services beyond the
scope of one’s competence, as established by one’s education, training, or experience. This
subdivision shall not be construed to expand the scope of the license authorized by this chapter.
(t) Permitting a trainee, associate, or applicant under one’s supervision or control to perform, or
permitting the trainee, associate, or applicant to hold themself out as competent to perform,
mental health services beyond the trainee’s, associate’s, or applicant’s level of education, training,
or experience.
(u) The violation of any statute or regulation governing the gaining and supervision of experience
required by this chapter.
(v) Failure to keep records consistent with sound clinical judgment, the standards of the profession,
and the nature of the services being rendered.
(w) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal
Code.
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(x) Failing to comply with the elder and dependent adult abuse reporting requirements of Section
15630 of the Welfare and Institutions Code.
(y) Repeated acts of negligence.
(z) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of,
the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code
regardless of whether the act occurred prior to or after the time the registration or license was
issued by the board. An act described in this subdivision occurring prior to the effective date of
this subdivision shall constitute unprofessional conduct and shall subject the licensee to
refusal, suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of the public, and in particular
minors, from sexual misconduct by a licensee is a compelling governmental interest, and that
the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the
effective date of this section is equally important to protecting the public as is the ability to
refuse a license for sexual conduct with a minor occurring prior to the effective date of this
section.
(aa) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the
administration of an examination as described in Section 123.
(ab) Revocation, suspension, or restriction by the board of a license, certificate, or registration to
practice as a professional clinical counselor, clinical social worker, educational psychologist, or
marriage and family therapist.
(ac) Failing to comply with the procedures set forth in Section 2290.5 when delivering health care via
telehealth.
(ad) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the
Health and Safety Code.
§ 4999.91. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE OR
REGISTRATION; GROUNDS
The board may deny any application, or may suspend or revoke any license or registration issued
under this chapter, for any of the following:
(a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by
this state or another state or territory of the United States, or by any other governmental agency,
on a license, certificate, or registration to practice professional clinical counseling or any other
healing art shall constitute grounds for disciplinary action for unprofessional conduct. A certified
copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.
(b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to
practice clinical social work, professional clinical counseling, marriage and family therapy, or
educational psychology shall also constitute grounds for disciplinary action for unprofessional
conduct under this chapter.
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ARTICLE 6. REVENUE
§ 4999.100. EXPIRATION OF ASSOCIATE REGISTRATION; RENEWAL
(a) An associate registration shall expire one year from the last day of the month in which it was
issued.
(b) To renew a registration, the registrant, on or before the expiration date of the registration, shall do
the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether they have been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or
licensing board in this or any other state, subsequent to the registrant’s last renewal.
(4) Participate in the California law and ethics examination pursuant to Section 4999.53 each year
until successful completion of this examination.
(5) Certify under penalty of perjury their compliance with the continuing education requirements
set forth in Section 4999.76.
(c) An expired registration may be renewed by completing all of the actions described in paragraphs
(1) to (5), inclusive, of subdivision (b).
(d) The associate registration may be renewed a maximum of five times. Registration shall not be
renewed or reinstated beyond six years from the last day of the month during which it was issued,
regardless of whether it has been revoked. When no further renewals are possible, an applicant
may apply for and obtain a subsequent associate registration number if the applicant meets the
educational requirements for registration in effect at the time of the application for a subsequent
associate registration number and has passed the California law and ethics examination
described in Section 4999.53. An applicant who is issued a subsequent associate registration
number pursuant to this subdivision shall not be employed or volunteer in a private practice.
§ 4999.102. EXPIRATION OF LICENSURE; RENEWAL OF UNEXPIRED LICENSE
(a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The
expiration date of the original license shall be set by the board.
(b) To renew an unexpired license described in subdivision (a), the licensee, on or before the
expiration date of the license, shall do all of the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements set forth in Section 4999.76.
(4) Notify the board whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or
licensing board in this or any other state, subsequent to the licensee’s last renewal.
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§ 4999.104. RENEWAL OF EXPIRED LICENSE; TIME LIMIT; REQUIREMENTS
Licenses issued under this chapter that have expired may be renewed at any time within three years
of expiration. To renew an expired license described in this section, the licensee shall do all of the
following:
(a) File an application for renewal on a form prescribed by the board.
(b) Pay a two-year renewal fee prescribed by the board.
(c) Pay a delinquency fee.
(d) Certify compliance with the continuing education requirements set forth in Section 4999.76.
(e) Notify the board whether the licensee has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or
licensing board in this or any other state, subsequent to the licensee’s last renewal.
§ 4999.106. EXPIRED LICENSE; APPLICATION FOR NEW LICENSE
A license that is not renewed within three years after its expiration may not be renewed, restored,
reinstated, or reissued, except that a former licensee may apply for and obtain a new license if he or
she complies with all of the following:
(a) No fact, circumstance, or condition exists that, if the license were issued, would justify its
revocation or suspension.
(b) He or she takes and passes the current examinations required for licensing.
(c) He or she submits an application for initial licensure.
(d) He or she meets the requirements pursuant to Section 4999.51.
§ 4999.108. SUSPENDED LICENSE; RENEWAL
A suspended license is subject to expiration and shall be renewed as provided in this article, but that
renewal does not entitle the licensee, while it remains suspended and until it is reinstated, to engage
in the activity to which the license relates, or in any other activity or conduct in violation of the order or
judgment by which it was suspended.
§ 4999.110. REVOKED LICENSE; REINSTATEMENT
A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is
reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a
reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date
before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its
revocation.
§ 4999.112. INACTIVE LICENSE STATUS
(a) A licensed professional clinical counselor may apply to the board to request that his or her license
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be placed on inactive status. A licensee who holds an inactive license shall do all of the following:
(1) Pay a biennial fee of one-half of the active renewal fee.
(2) Be exempt from continuing education requirements.
(3) Not engage in the practice of professional clinical counseling in this state.
(4) Otherwise be subject to this chapter.
(b) A licensee on inactive status may have his or her license reactivated by complying with all of the
following:
(1) Submitting a request to the board.
(2) Certifying that he or she has not committed any acts or crimes constituting grounds for denial of
licensure.
(3) Paying the remaining one-half of the renewal fee.
(4) Completing the following continuing education requirements:
(A) Eighteen hours of continuing education is required within the two years preceding the date
of the request for reactivation if the license will expire less than one year from the date of the
request for reactivation.
(B) Thirty-six hours of continuing education is required within the two years preceding the date
of the request for reactivation if the license will expire more than one year from the date of
the request for reactivation.
§ 4999.113. ISSUANCE OF A RETIRED LICENSE – LICENSED PROFESSIONAL CLINICAL
COUNSELOR
(a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired
license to a professional clinical counselor who holds a license that is current and active or a
license that is inactive, and whose license is not suspended, revoked, or otherwise punitively
restricted by the board or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this section shall not engage in any activity for
which an active professional clinical counselor license is required.
(c) The holder of a retired license shall not be required to renew that license.
(d) The holder of a retired license may apply to restore to active status his or her license to practice
professional clinical counseling if that retired license was issued less than three years prior to the
application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in Section 4999.76.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
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(e) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license
was issued in accordance with this section less than one year from the date of the application,
shall complete 18 hours of continuing education as specified in Section 4999.76.
(f) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license
was issued in accordance with this section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section 4999.76.
(g) The holder of a retired license may apply to restore to active status his or her license to practice
professional clinical counseling if that retired license was issued three or more years prior to the
application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Applies for licensure and pays the required fees.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
§ 4999.114. REVENUE; BOARD REPORT TO CONTROLLER
The board shall report each month to the Controller the amount and source of all revenue received
pursuant to this chapter and at the same time deposit the entire amount thereof in the State Treasury
for credit to the Behavioral Sciences Fund.
§ 4999.116. BOARD OF BEHAVIORAL SCIENCES FUND; APPROPRIATIONS; SURPLUSES
(a) The moneys credited to the Behavioral Sciences Fund under Section 4999.114 shall, upon
appropriation by the Legislature, be used for the purposes of carrying out and enforcing the
provisions of this chapter.
(b) The board shall keep records that will reasonably ensure that funds expended in the
administration of each licensing or registration category bear a reasonable relation to the revenue
derived from each category, and shall so notify the department no later than May 31 of each year.
(c) Surpluses, if any, may be used in a way so as to bear a reasonable relation to the revenue derived
from each category, and may include, but not be limited to, expenditures for education and
research related to each of the licensing or registration categories.
§ 4999.118. LICENSEE OR REGISTRANT NAME CHANGE; BOARD NOTIFICATION
A licensee or registrant shall give written notice to the board of a name change, giving both the old
and new names. The written notice shall be submitted to the board within 30 days of the issuance of
a new government-issued photographic identification. The licensee or registrant shall certify the
information is correct by signing a statement under penalty of perjury. A copy of both of the following
documents evidencing the change shall be submitted with the notice:
(a) A current government-issued photographic identification.
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(b) The legal document authorizing the name change, such as a court order or a marriage certificate.
§ 4999.120. FEE SCHEDULE
(a) The board shall assess the following fees relating to the licensure of professional clinical
counselors:
(1) The fee for the application for licensure shall be two hundred fifty dollars ($250). The board
may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred
dollars ($500).
(2) The fee for the application for associate registration shall be one hundred fifty dollars ($150).
The board may adopt regulations to set the fee at a higher amount, up to a maximum of three
hundred dollars ($300).
(3) (A) (i) The fee for the board-administered clinical examination, if the board chooses to adopt
this examination in regulations, shall be two hundred fifty dollars ($250). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of five hundred
dollars ($500).
(ii) The fee for the California law and ethics examination shall be one hundred fifty dollars
($150). The board may adopt regulations to set the fee at a higher amount, up to a
maximum of three hundred dollars ($300).
(B) An applicant who fails to appear for an examination, after having been scheduled to take
the examination, shall forfeit the examination fees.
(C) The amount of the examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading each examination and the actual cost to the board of
administering each examination. The written examination fees shall be adjusted periodically
by regulation to reflect the actual costs incurred by the board.
(4) The fee for the issuance of a license shall be two hundred dollars ($200). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars
($400).
(5) The fee for the annual renewal of an associate registration shall be one hundred fifty dollars
($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum
of three hundred dollars ($300).
(6) The fee for the two-year license renewal shall be two hundred dollars ($200). The board may
adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars
($400).
(7) The renewal delinquency fee shall be one-half of the fee for license renewal. A person who
permits their license to expire shall be subject to the delinquency fee.
(8) The fee for issuance of a retired license shall be forty dollars ($40).
(9) The fee for rescoring an examination shall be twenty dollars ($20).
(10) The fee for issuance of a replacement license or registration shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
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(b) This section shall become operative on January 1, 2021.
§ 4999.121. ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER
EDUCATION FUND
(a) In addition to the fees charged pursuant to Section 4999.120 for the biennial renewal of a license
pursuant to Section 4999.102, the board shall collect an additional fee of twenty dollars ($20) at
the time of renewal. The board shall transfer this amount to the Controller who shall deposit the
funds in the Mental Health Practitioner Education Fund.
(b) This section shall become operative on July 1, 2018.
ARTICLE 7. PROFESSIONAL CLINICAL COUNSELOR CORPORATIONS
§ 4999.123. DEFINITIONS
A professional clinical counselor corporation is a corporation that is authorized to render professional
services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its
shareholders, officers, directors, and employees who are rendering professional services are in
compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section
13400) of Division 3 of Title 1 of the Corporations Code), this article, and any other statute or
regulation pertaining to that corporation and the conduct of its affairs. With respect to a professional
clinical counselor corporation, the term “governmental agency” in the Moscone-Knox Professional
Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations
Code) shall be construed to mean the Board of Behavioral Sciences.
§ 4999.124. UNPROFESSIONAL CONDUCT
It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under
this chapter to violate, attempt to violate, directly or indirectly, or assist in, or abet the violation of, or
conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation
Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or
any regulation adopted under those laws.
§ 4999.125. NAME
The name of a professional clinical counselor corporation and any name or names under which it may
be rendering professional services shall contain the words “licensed professional clinical counselor”
or “professional clinical counselor” and wording or abbreviations denoting a corporate existence. A
professional clinical counselor corporation that conducts business under a fictitious business name
shall not use any name that is false, misleading, or deceptive, and shall inform each patient, prior to
commencement of treatment, that the business is conducted by a professional clinical counselor
corporation.
§ 4999.126. DIRECTORS, SHAREHOLDERS, AND OFFICERS; NECESSITY OF LICENSE
Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and
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officer of a professional clinical counselor corporation shall be a licensed person, as defined in
Section 13401 of the Corporations Code.
§ 4999.127. INCOME FOR PROFESSIONAL SERVICES NOT TO ACCRUE TO DISQUALIFIED
SHAREHOLDERS
The income of a professional clinical counselor corporation attributable to professional services
rendered while a shareholder is a disqualified person, as defined in Section 13401 of the
Corporations Code, shall not in any manner accrue to the benefit of that shareholder or his or her
shares in the professional clinical counselor corporation.
§ 4999.128. CORPORATE UNPROFESSIONAL CONDUCT
A professional clinical counselor corporation shall not perform or fail to perform any act the
performance of which, or for which the failure to perform, would constitute unprofessional conduct
under any statute, rule, or regulation. In the conduct of its practice, a professional clinical counselor
corporation shall observe and be bound by any statute, rule, or regulation that applies to a licensed
professional clinical counselor.
§ 4999.129. RULES AND REGULATIONS
The board may formulate and enforce any rule or regulation to carry out the purposes and objectives
of this article, including as follows:
(a) Any rule or regulation that requires that the articles of incorporation or bylaws of a professional
clinical counselor corporation shall include a provision that requires the capital stock of the
corporation owned by a disqualified person, as defined in Section 13401 of the Corporations
Code, or a deceased person to be sold to the corporation or to the remaining shareholders of the
corporation within the timeframe that the rule or regulation requires.
(b) Any rule or regulation that requires that a professional clinical counselor corporation shall provide
adequate security by insurance or otherwise for claims against the corporation by its patients
arising out of the rendering of professional services.
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CALIFORNIA CODE OF REGULATIONS
TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS
Division 18. Board of Behavioral Sciences
(Originally Printed 12-05-1946)
ARTICLE 1. GENERAL PROVISIONS
§ 1800. DECLARATORY DECISIONS.
No decision or opinion issued by the Board is a declaratory decision under Government Code Sections
11465.10.-11465.70. unless the decision or opinion specifically states that it is a “Declaratory Decision”.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 11465.10-11465.70, Government Code.
§ 1802. DEFINITIONS.
For the purpose of the rules and regulations contained in this chapter, the term ''board'' means the
Board of Behavioral Sciences; and the term ''Code'' means the Business and Professions Code.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Section 4990, Business and Professions Code.
§ 1803. DELEGATION OF CERTAIN FUNCTIONS.
The power and discretion conferred by law upon the board to receive and file accusations; issue
notices of hearing, statements to respondent and statements of issues; receive and file notices of
defense; determine the time and place of hearings under Section 11508 of the Government Code;
issue subpoenas and subpoenas duces tecum; set and calendar cases for hearing, issue orders
compelling an evaluation of a licensee's or registrant’s physical or mental condition in accordance
with Section 820 of the Business and Professions Code and perform other functions necessary to the
efficient dispatch of the business of the board in connection with proceedings under the provisions of
Section 11500 through 11528 of the Government Code, prior to the hearing of such proceedings; to
approve settlement agreements for the revocation, surrender or interim suspension of a license or
registration; and the certification and delivery or mailing of copies of decisions under Section 11518 of
said code are hereby delegated to and conferred upon the executive officer, or, in his or her absence
from the office of the board, the acting executive officer.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 820, 4990.04 and 4990.12, Business and
Professions Code; and Sections 11415.60 and 11500-11528, Government Code.
§ 1804. FILING OF ADDRESSES.
Each person or professional corporation regulated by the board shall maintain a current mailing
address with the board and shall notify the board within thirty (30) days concerning any change of
address giving both the old and new addresses.
Note: Authority cited: Sections 4980.60, 4990.11 and 4990.20, Business and Professions Code. Reference: Sections 4980.07, 4990.08 and 4990.12,
Business and Professions Code.
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§ 1805. APPLICATIONS.
Applications submitted to the board for registration or licensure shall be on a form prescribed by the
board.
Note: Authority Cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4980.30, 4980.40, 4980.44, 4980.50,
4989.20, 4992, 4992.1, 4996.2, 4996.18, 4999.42, 4999.50 and 4999.53, Business and Professions Code.
§ 1805.01. DEFINITIONS.
For purposes of this division, the following definitions apply:
(a) “Application for licensure” means the following:
(1) The individual submits documentation of completed education and experience required for
licensure to the Board for review; and,
(2) By submitting this information, seeks to be made eligible to take the required examinations.
(b) “Registrant” means an individual who holds a current or delinquent associate registration.
Note: Authority Cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4980.03(b), 4980.30, 4980.40, 4980.44,
4984.01, 4989.20, 4992, 4996.2, 4996.28, 4999.45, 4999.46 and 4999.50, Business and Professions Code.
§ 1805.05. REEXAMINATION.
(a) A 90-day waiting period is required between attempts for applicants retaking a California law and
ethics examination.
(b) A 120-day waiting period is required between attempts for applicants retaking a clinical
examination, except as indicated in subdivision (d).
(c) A 180-day waiting period is required between attempts for applicants retaking the licensed
educational psychologist examination.
(d) Waiting periods for national examinations that are accepted by the board shall be determined by
that national testing entity.
(e) The Board’s Executive Officer may allow for a lesser waiting period, as long as the integrity of the
examination or examination security is not compromised.
Note: Authority Cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4980.50, 4984.72, 4989.22, 4992.1,
4996.4, 4999.52, and 4999.64, Business and Professions Code.
§ 1805.08. EXAMINATION RESCORING.
Candidates may request a rescoring of any board-developed examination administered via paper-
and-pencil by submitting the required fee, as specified in Business and Professions Code sections
4984.7(a)(5), 4989.68(a)(6), 4996.3(a)(5), or 4999.120(j), as applicable, along with a request that
states the type of examination to be rescored, and the date the examination to be rescored was
taken. The request shall be submitted in writing to the Board.
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Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4984.7, 4989.68, 4996.3 and 4999.120,
Business and Professions Code.
§ 1805.1. APPLICATION PROCESSING TIMES.
Maximum processing times for the board's various programs are set forth below. Processing times
are based on the date the Board receives the application.
Maximum time for notifying that
application is complete or
deficient
Program
Associate Professional Clinical Counselor Registration 30 business days
LPCC Application for Licensure 60 business days
Associate Marriage and Family Therapist Registration 30 business days
MFT Application for Licensure 60 business days
Associate Clinical Social Worker Registration 30 business days
LCSW Application for Licensure 60 business days
LEP Examination Eligibility Application 60 business days
MFT Referral Service Registration 30 business days
Initial License Issuance 30 business days
All Renewals 30 business days
Note: Authority Cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4990.18 and 4990.20, Business and
Professions Code.
§ 1805.2. ADDITIONAL EXAMINATION TIME: ENGLISH AS A SECOND LANGUAGE.
The board, in its sole discretion, may grant additional examination time to an applicant for whom
English is his or her second language. To qualify for consideration, the applicant must submit a
request for additional time stating that English is his or her second language, and provide one of the
following:
(a) A Test of English as a Foreign Language, Internet Based Test (TOEFL-iBT) certification score of
85 or below, sent by Educational Testing Service directly to the board. The TOEFL must have
been taken within the previous two years prior to application.
(b) Documentation from the qualifying master’s degree program that the program had granted the
applicant additional examination time or other allowance due to speaking English as a second
language while he or she was enrolled in the program. Acceptable documentation includes, but is
not limited to, a letter from the chair of the qualifying master’s degree program, or from the
educational institution’s chief academic officer.
(c)Documentation that the qualifying master’s degree was obtained from an educational institution
outside the United States, and that at least fifty percent of the coursework was presented in a
language other than English. Acceptable documentation includes, but is not limited to, a letter
from the chair of the qualifying master’s degree program, or from the educational institution’s chief
academic officer.
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If approved, the applicant will be allotted time–and-a-half (1.5x) when taking the required board-
administered examination. Allowance of this option for a required national examination is subject to
availability from the exam-administering entity.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.397, 4980.50, 4989.22, 4992.05,
4992.1, 4999.52 and 4999.53, Business and Professions Code.
§ 1806. ABANDONMENT OF APPLICATION.
An application shall be deemed abandoned under any of the circumstances described in this section.
An application submitted after a previous application has been abandoned shall be treated as a new
application, requiring the applicant to pay any fees required, and to meet current requirements.
(a) The applicant does not submit information required in order to correct the deficiencies specified in
a deficiency letter within one (1) year from the date of the deficiency letter.
(b) The applicant for licensure, as defined in section 1805.01(a), does not maintain an active
licensure application. An applicant maintains an “active licensure application” by participating in a
required examination, as defined below, at least once every 365 days.
(1) The initial 365-day examination participation period shall begin on the date the applicant was
sent a notification approving his or her licensure application.
(2) Subsequent 365-day examination participation periods shall begin on the date the applicant
most recently participated in a required examination.
(3) “Required examination” is defined as an initial attempt or retake of an examination required by
section 4980.397, 4989.20, 4992.05, or 4999.53 of the Code.
(c) The applicant fails to pay the initial license fee within one (1) year after notification by the board of
successful completion of examination requirements.
An application submitted after a previous application has been abandoned shall be treated as a new
application, requiring the applicant to pay any fees required, and to meet current requirements.
Note: Authority Cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4980.30, 4980.35, 4980.397(a),
4980.398, 4980.399, 4980.40, 4980.44, 4980.72, 4984.01, 4984.7, 4984.72, 4989.20, 4989.22(b), 4989.68, 4992, 4992.05(a), 4992.07, 4992.09, 4996.1,
4996.3, 4996.4, 4996.17, 4996.18, 4996.28, 4999.42, 4999.50, 4999.53, 4999.54, 4999.55, 4999.60, 4999.61, 4999.64, 4999.100, and 4999.120,
Business and Professions Code.
§ 1807. HUMAN SEXUALITY TRAINING.
The human sexuality training required of marriage and family therapists, clinical social workers, and
professional clinical counselors by sections 25, 4980.41, 4980.81, 4996.2, 4996.17.2, 4999.32 and
4999.62 of the Code shall do both of the following:
(a) Consist of a minimum of ten (10) hours of training or coursework.
(b) Include the study of physiological, psychological, and social-cultural variables associated with
sexual behavior, sexual dysfunctions, sexual orientation, gender identity, and gender dysphoria.
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Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 25, 4980.41, 4980.81, 4996.2, 4996.17.2,
4999.32 and 4999.62, Business and Professions Code.
§ 1807.2. CHILD ABUSE ASSESSMENT AND REPORTING TRAINING REQUIREMENTS.
All persons applying for a license as a marriage and family therapist, clinical social worker, or
professional clinical counselor, or applying for first-time renewal of a license as an educational
psychologist, shall, in addition to all other requirements for licensure, have completed coursework or
training in child abuse assessment and reporting, and shall submit documentation to the board. The
coursework or shall consist of not less than seven (7) hours and shall include training in each of the
subject areas described in section 28 of the Code. The coursework or training shall have been
completed within the five (5) years prior to the date the board receives the individual’s application for
licensure or renewal.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 28, 4980.36, 4980.41, 4980.72, 4980.78,
4980.81, 4989.34, 4996.2, 4996.17.1, 4996.17.2, 4999.32 and 4999.33, Business and Professions Code; and Sections 11164, 11165 and 11166, Penal
Code.
§ 1807.3. ALCOHOLISM AND OTHER CHEMICAL SUBSTANCE DEPENDENCY TRAINING.
(a) The instruction and training in alcoholism and other chemical substance dependency required by
sections 4980.41, 4996.2, 4996.17.2, and 4999.32 of the Code shall consist of not less than fifteen
(15) hours of training or coursework and shall include each of the following areas:
(1) The definition of alcoholism, substance abuse, and other chemical dependency, and the
evaluation of the client.
(2) Medical aspects of alcoholism, substance abuse, and other chemical dependency.
(3) Current theories of the etiology of substance abuse.
(4) The role of persons and systems that support or compound the abuse.
(5) Major treatment approaches to alcoholism, substance abuse, and chemical dependency.
(6) Legal aspects of substance abuse.
(7) Knowledge of certain populations at risk with regard to substance abuse.
(8) Community resources offering assessment, treatment, and follow-up for the client and family.
(9) The process of referring affected persons.
(10) Prevention of substance abuse.
(b) A licensed educational psychologist applying for a first-time license renewal shall have received
not less than fifteen (15) hours of instruction and training in alcoholism and other chemical
substance dependency as described in subsection (a).
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.41,4980.81, 4989.34, 4996.2, 4996.17.2
and 4999.32, Business and Professions Code.
§ 1810.5. ACCEPTABLE TRAINING PROVIDERS.
(a) The training courses listed below shall have been obtained from one of the providers listed in
subsection (b):
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(1) Human sexuality training required by section 1807.
(2) Child abuse assessment and reporting training required by section 1807.2.
(3) Alcoholism and other chemical substance dependency training required by section 1807.3.
(4) California law and ethics training required of out-of-state marriage and family therapist, clinical
social worker, and professional clinical counselor applicants required by sections 4980.72,
4980.78, 4980.81, 4996.17.1, 4996.17.2, 4999.60 and 4999.62 of the Code.
(5) Crisis or trauma counseling training required by section 4999.32 of the Code.
(b) The above training courses shall have been obtained from any of the following providers:
(1) An educational institution, including an extension program offered by such an institution,
accredited by a regional or national institutional accrediting agency that is recognized by the
United States Department of Education.
(2) An educational institution, including an extension program offered by such an institution,
approved by the Bureau for Private Postsecondary Education.
(3) A continuing education provider accepted by the board pursuant to section 1887.4.3.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 25, 28, 4980.36, 4980.41, 4980.72, 4980.78,
4980.81, 4989.34, 4996.2, 4996.17.1, 4996.17.2, 4999.32, 4999.33, 4999.60 and 4999.62, Business and Professions Code; and Sections 11165 and 11166,
Penal Code.
§ 1811. ADVERTISING.
(a) All persons or referral services regulated by the board who advertise their services shall include all
of the following information in any advertisement:
(1) The full name of the licensee, registrant, or registered referral service as filed with the board.
(2) The complete title of the license or registration held or an acceptable abbreviation, as follows:
(A) Licensed Marriage and Family Therapist, or MFT, or LMFT.
(B) Licensed Educational Psychologist or LEP.
(C) Licensed Clinical Social Worker or LCSW.
(D) Registered Associate Marriage and Family Therapist or Registered Associate MFT. The
abbreviation “AMFT” shall not be used in an advertisement unless the title “registered
associate marriage and family therapist” appears in the advertisement.
(E) Registered Associate Clinical Social Worker or Registered Associate CSW. The
abbreviation “ASW” shall not be used in an advertisement unless the title “registered
associate clinical social worker” appears in the advertisement.
(F) Registered MFT Referral Service.
(G) Licensed Professional Clinical Counselor or LPCC.
(H) Registered Associate Professional Clinical Counselor or Registered Associate PCC. The
abbreviation “APCC” shall not be used in an advertisement unless the title “registered
associate professional clinical counselor” appears in the advertisement.
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(3) The license or registration number.
(b) Registrants must include the name of his or her employer in an advertisement, or if not employed,
the name of the entity for which he or she volunteers.
(c) Licensees may use the words “psychotherapy” or “psychotherapist” in an advertisement provided
that all the applicable requirements of subsection (a) are met.
(d) It is permissible for a person to include academic credentials in advertising as long as the degree is
earned, and the representations and statements regarding that degree are true and not misleading
and are in compliance with Section 651 of the Code. For purposes of this subdivision, “earned”
shall not mean an honorary or other degree conferred without actual study in the educational field.
(e) The board may issue citations and fines containing a fine and an order of abatement for any
violation of Section 651 of the Code.
(f) For the purposes of this section, “acceptable abbreviation” means the abbreviation listed in
subsection (a)(2) of this Section.
Note: Authority cited: Sections 137, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 137, 650.4, 651, 4980.03, 4980.09,
4980.44, 4982, 4989.49, 4989.54, 4992.2, 4992.3, 4999.12, 4999.12.5 and 4999.90, Business and Professions Code.
§ 1812. SUBSTANTIAL RELATIONSHIP CRITERIA
(a) For purposes of denial, suspension, or revocation of a license pursuant to Section 141, Division
1.5 (commencing with Section 475), or Section 4982, Section 4989.54, Section 4992.3, or Section
4999.90 of the Code, a crime, professional misconduct, or act shall be considered to be
substantially related to the qualifications, functions or duties of a person holding a license under
Chapters 13, 13.5, 14, and 16 of Division 2 of the Code if to a substantial degree it evidences
present or potential unfitness of a person holding a license to perform the functions authorized by
the license in a manner consistent with the public health, safety or welfare. For purposes of this
section, “license” shall mean license or registration.
(b) In making the substantial relationship determination required under subsection (a) for a crime, the
board shall consider all of the following criteria:
(1) The nature and gravity of the offense.
(2) The number of years that have elapsed since the date of the offense.
(3) The nature and duties of a marriage and family therapist, educational psychologist, clinical
social worker, or professional clinical counselor.
(c) For purposes of subsection (a), a substantially related crime, professional misconduct, or act shall
include, but is not limited to, the following:
(1) Any violation of Article 6, Chapter 1, Division 2 (commencing with section 650) of the Code.
(2) Any violation of the provisions of Chapter 13 (commencing with section 4980), Chapter 13.5
(commencing with section 4989.10), Chapter 13.7 (commencing with section 4990), Chapter
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14 (commencing with section 4991), or Chapter 16 (commencing with section 4999.10) of
Division 2 of the Code.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 4982, 4989.54,
4992.3, and 4999.90, Business and Professions Code.
§ 1813. CRITERIA FOR REHABILITATION - DENIAL OF LICENSURE
(a) For purposes of this section, “license” shall mean license or registration.
(b) When considering the denial of a license under Section 480 of the Code on the ground that the
applicant has been convicted of a crime, the board shall consider whether the applicant made a
showing of rehabilitation if the applicant completed the criminal sentence at issue without a
violation of parole or probation. In making this determination, the board shall consider the
following criteria:
(1) The nature and gravity of the crime(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period was shortened or lengthened,
and the reason(s) the period was modified.
(4) The terms or conditions of parole or probation and the extent to which they bear on the
applicant’s rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and the
reason(s) for modification.
(c) If the applicant has not completed the criminal sentence at issue without a violation of parole or
probation, the board determines that the applicant did not make the showing of rehabilitation
based on the criteria in subsection (b), the denial is based on professional misconduct, or the
denial is based on one or more of the grounds specified in Article 2 of Chapter 13 of Division 2
(commencing with section 4982) of the Code, Article 5 of Chapter 13.5 of Division 2 (commencing
with section 4989.54) of the Code, Article 2 of Chapter 13.7 of Division 2 (commencing with
section 4990.28) of the Code, Article 2 of Chapter 14 of Division 2 (commencing with section
4992.3) of the Code, or Article 5 of Chapter 16 of Division 2 (commencing with section 4999.80) of
the Code, the board shall apply the following criteria in evaluating an applicant’s rehabilitation:
(1) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration
as grounds for denial.
(2) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the
act(s), professional misconduct, or crime(s) under consideration as grounds for denial .
(3) The time that has elapsed since commission of the act(s), professional misconduct, or
crime(s) referred to in paragraph (1) or (2).
(4) Whether the applicant has complied with any terms of probation, parole, restitution, or any
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other sanctions lawfully imposed against the applicant.
(5) The criteria in subsection (b)(1) through (5), as applicable.
(6) Evidence, if any, of rehabilitation submitted by the applicant.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 488, 493, 4982,
4989.54, 4992.3, and 4999.90, Business and Professions Code.
§ 1814. CRITERIA FOR REHABILITIATION - SUSPENSIONS OR REVOCATIONS
(a) For purposes of this section, “license” shall mean license or registration. “Licensee” shall mean
licensee or registrant.
(b) When considering the suspension or revocation of a license under Section 490 of the Code on the
ground that the holder of the license has been convicted of a crime, the board shall consider
whether the licensee made a showing of rehabilitation if the licensee completed the criminal
sentence at issue without a violation of parole or probation. In making this determination, the
board shall consider the following criteria:
(1) The nature and gravity of the crime(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period was shortened or lengthened,
and the reason(s) the period was modified.
(4) The terms or conditions of parole or probation and the extent to which they bear on the
licensee’s rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and the
reason(s) for the modification.
(c) If the licensee has not completed the criminal sentence at issue without a violation of parole or
probation, the board determines that the licensee did not make the showing of rehabilitation based
on the criteria in subsection (b), the suspension or revocation is based on a disciplinary action as
described in Section 141 of the Code, or the suspension or revocation is based on one or more of
the grounds specified in Article 2 of Chapter 13 of Division 2 (commencing with section 4982) of
the Code, Article 5 of Chapter 13.5 of Division 2 (commencing with section 4989.54) of the Code,
Article 2 of Chapter 13.7 of Division 2 (commencing with section 4990.28) of the Code, Article 2 of
Chapter 14 of Division 2 (commencing with section 4992.3) of the Code, or Article 5 of Chapter 16
of Division 2 (commencing with section 4999.80) of the Code, the board shall apply the following
criteria in evaluating the licensee’s or rehabilitation:
(1) The nature and gravity of the act(s), disciplinary action(s), or crime(s) under consideration as
grounds for suspension or revocation.
(2) Evidence of any act(s), disciplinary action(s), or crimes committed subsequent to the act(s) or
crime(s) under consideration as grounds for suspension or revocation.
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(3) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s)
referred to in paragraph (1) or (2).
(4) Whether the licensee has complied with any terms of probation, parole, restitution or any other
sanctions lawfully imposed against the licensee.
(5) The criteria in subsection (b)(1) through (5), as applicable.
(6) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
(7) Evidence, if any, concerning the degree to which a false statement relative to application for
licensure may have been unintentional, inadvertent or immaterial.
(8) Efforts made by the applicant either to correct a false statement once made on an application
or to conceal the truth concerning facts required to be disclosed.
(9) Evidence, if any, of rehabilitation submitted by the licensee.
(d) When considering a petition for reinstatement of a license or registration under the provisions of
Section 4990.30 of the Code, the board shall evaluate evidence of rehabilitation submitted by the
petitioner considering those criteria specified in Section 1813 of this article.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 141, 481, 482, 488, 490,493, , 4982,
4989.54, 4992.3, and 4999.90, Business and Professions Code.
§ 1815. FINGERPRINT SUBMISSION.
(a) All licensees and registrants who have not previously submitted fingerprints as a condition of
licensure or registration or for whom an electronic record of the licensee’s fingerprints does not
exist in the Department of Justice’s criminal offender record identification database shall
successfully complete a state and federal level criminal offender record information search
conducted through the Department of Justice by the licensee’s or registrant’s renewal date that
occurs on or after October 31, 2009, or as directed by the board.
(b) Failure of a licensee or registrant to comply with subdivision (a) is grounds for disciplinary action
by the board against the license or registration.
(c) Licensees and registrants shall retain, for at least three years, as evidence of their having
complied with subdivision (a) either a receipt showing that he or she has electronically transmitted
his or her fingerprint images to the Department of Justice or, for those licensees or registrants who
did not use an electronic fingerprinting system, a receipt evidencing that the licensee’s or
registrant’s fingerprints were taken.
(d) Licensees and registrants shall pay, as directed by the Board, the actual cost of compliance with
subdivision (a).
(e) As a condition of petitioning the board for reinstatement of a revoked or surrendered license or
registration, an applicant shall comply with subsection (a).
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(f) The board may waive the requirements of this section for licensees or registrants who are actively
serving in the United States military. The board may not return a license or registration to active
status until the licensee or registrant has complied with subdivision (a).
Note: Authority cited: Sections 4990.16, 4990.18, 4990.20 and 4996.6, Business and Professions Code. Reference: Sections 4982(a), 4989.54(a),
4992.3(a), 4996.6, and 4999.90(a), Business and Professions Code; and Sections 11105(b)(10), and 11105(e), Penal Code.
§ 1815.5. STANDARDS OF PRACTICE FOR TELEHEALTH.
(a) All persons engaging in the practice of marriage and family therapy, educational psychology,
clinical social work, or professional clinical counseling via telehealth, as defined in Section 2290.5
of the Code, with a client who is physically located in this State must have a valid and current
license or registration issued by the Board.
(b) All psychotherapy services offered by board licensees and registrants via telehealth fall within the
jurisdiction of the board just as traditional face-to-face services do. Therefore, all psychotherapy
services offered via telehealth are subject to the board’s statutes and regulations.
(c) Upon initiation of telehealth services, a licensee or registrant shall do the following:
(1) Obtain informed consent from the client consistent with Section 2290.5 of the Code.
(2) Inform the client of the potential risks and limitations of receiving treatment via telehealth.
(3) Provide the client with his or her license or registration number and the type of license or
registration.
(4) Document reasonable efforts made to ascertain the contact information of relevant resources,
including emergency services, in the patient’s geographic area.
(d) Each time a licensee or registrant provides services via telehealth, he or she shall do the
following:
(1) Verbally obtain from the client and document the client’s full name and address of present
location, at the beginning of each telehealth session.
(2) Assess whether the client is appropriate for telehealth, including, but not limited to,
consideration of the client’s psychosocial situation.
(3) Utilize industry best practices for telehealth to ensure both client confidentiality and the security
of the communication medium.
(e) A licensee or registrant of this state may provide telehealth services to clients located in another
jurisdiction only if the California licensee or registrant meets the requirements to lawfully provide
services in that jurisdiction, and delivery of services via telehealth is allowed by that jurisdiction.
(f) Failure to comply with these provisions shall be considered unprofessional conduct.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 2290.5, 4980, 4989.50, 4996, 4999.30, and
4999.82, Business and Professions Code.
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§ 1815.8. DOCUMENTATION OF SUPERVISED EXPERIENCE: DECEASED OR INCAPACITATED
SUPERVISOR.
(a) The board will accept satisfactory proof of completed hours of supervised experience that has not
been signed by the supervisor, if the supervisor is deceased or incapacitated. Satisfactory proof
includes, but is not limited to, all of the following:
(1) Evidence that the supervisor is deceased or incapacitated.
(2) All supervision documentation which had previously been signed by the supervisor.
(3) Documentation from the employer verifying the employment of the supervisor and supervisee;
or, if the supervisor was not employed by the supervisee’s employer or was a volunteer, the
written oversight agreement executed between the supervisor and the supervisee’s employer.
Note: Authority cited: Sections 4990.20 and 4980.60, Business and Professions Code. Reference: Sections 4980.03, 4980.35, 4980.43, 4980.43.4,
4996.20, 4996.23, 4996.23.3, 4999.12, 4999.46, 4999.46.4 and 4999.48, Business and Professions Code.
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ARTICLE 2. FEES
§ 1816. RENEWAL FEES.
(a) The annual renewal fee for associate marriage and family therapist registration is one hundred
fifty dollars ($150.00).
(b) The annual renewal fee for associate clinical social worker registration is one hundred fifty dollars
($150.00).
(c) The annual renewal fee for associate professional clinical counselors is one hundred fifty dollars
($150.00).
(d) The biennial active renewal fee for a licensed marriage and family therapist is two hundred dollars
($200.00).
(e) The biennial active renewal fee for a licensed educational psychologist is two hundred dollars
($200.00).
(f) The biennial active renewal fee for a licensed clinical social worker is two hundred dollars
($200.00).
(g) The biennial active renewal fee for a licensed professional clinical counselor is two hundred
dollars ($200.00).
Note: Authority Cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4984.7, 4989.68, 4996.3, and 4999.120,
Business and Professions Code.
§ 1816.1. INITIAL LICENSE AND REGISTRATION FEES.
(a) The fee for initial issuance of the marriage and family therapist license shall be two hundred dollars
($200.00).
(b) The fee for initial issuance of the licensed educational psychologist license shall be two hundred
dollars ($200.00).
(c) The fee for initial issuance of the licensed clinical social worker license shall be two hundred dollars
($200.00).
(d) The fee for initial issuance of the licensed professional clinical counselor license shall two hundred
dollars ($200.00).
(e) The application fee for an associate professional clinical counselor registration shall be one hundred
fifty dollars ($150.00).
(f) The application fee for an associate marriage and family therapist registration shall be one hundred
fifty dollars ($150).
(g) The application fee for an associate clinical social worker registration shall be one hundred fifty dollars ($150).
Note: Authority Cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4984.7, 4989.68, 4996.3, and 4999.120,
Business and Professions Code.
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§ 1816.2. EXAMINATION FEES.
(a) The licensed clinical social worker California law and ethics examination fee shall be one hundred
fifty dollars ($150.00).
(b) The licensed marriage and family therapist California law and ethics examination fee shall be one
hundred fifty dollars ($150.00).
(c) The board administered licensed marriage and family therapist clinical examination fee shall be
two hundred fifty dollars ($250.00).
(d) The licensed educational psychologist written examination fee shall be two hundred fifty dollars
($250.00).
(e) The licensed professional clinical counselor California law and ethics examination shall be one
hundred fifty dollars ($150.00).
Note: Authority Cited: 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4984.7, 4989.68, 4996.3, and 4999.120, Business
and Professions Code.
§ 1816.4. FEES FOR APPLICATION FOR LICENSURE.
(a) The fee for the licensed marriage and family therapist application for licensure shall be two
hundred fifty dollars ($250.00).
(b) The fee for the licensed clinical social worker application for licensure shall be two hundred fifty
dollars ($250.00).
(c) The fee for the licensed educational psychologist application for licensure shall be two hundred
fifty dollars ($250.00).
(d) The fee for the licensed professional clinical counselor application for licensure shall be two
hundred fifty dollars ($250.00).
Note: Authority Cited: Sections 4980.60 and 4990.20 (a), Business and Professions Code. Reference: Sections 4984.7, 4989.68, 4996.3, and 4999.120,
Business and Professions Code.
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ARTICLE 3. LICENSED PROFESSIONAL CLINICAL COUNSELORS
§ 1820. SUPERVISED EXPERIENCE: REQUIRED DOCUMENTATION.
(a) When a written oversight agreement is required by section 4999.46.4 of the Code, the
agreement shall contain the following provisions and shall be executed as described below.
(1) The written oversight agreement shall be executed and signed prior to commencement of
supervision.
(2) The agreement shall contain a statement from the supervisor agreeing to ensure that the
extent, kind, and quality of counseling performed by the supervisee is consistent with the
supervisee’s training, education, and experience, and is appropriate in extent, kind, and
quality.
(3) The agreement shall contain an acknowledgment by the supervisee’s employer that the
employer:
(A) Is aware of the licensing requirements that must be met by the supervisee and that the
employer agrees not to interfere with the supervisor's legal and ethical obligations to
ensure compliance with those requirements;
(B) Agrees to provide the supervisor access to clinical records of the clients counseled by the
supervisee; and
(C) Is aware that the supervisor will be providing clinical guidance and direction to the
supervisee in order to ensure compliance with the standards of practice of the profession,
which include legal requirements and professional codes of ethics, and agrees not to
interfere with this process.
(4) The supervisor shall provide the signed agreement to the supervisee upon completion or
termination of supervision. The supervisee shall submit the agreement to the board upon
application for licensure.
(b) Supervisors shall complete and submit a self-assessment report pertaining to the licensee’s
qualifications to be a supervisor, as specified in section 1821.
(c) (1) Except as specified in subsection (c)(2), within 60 days of the commencement of any
supervision, the supervisor and supervisee shall sign a supervision agreement, as specified in
subsection (c)(3), under penalty of perjury. The original signed supervisory agreement shall be
retained by the supervisee and submitted to the board with the supervisee’s application for
licensure.
(2) A supervisor and a supervisee who are in a supervisory relationship that existed prior to
January 1, 2022 are not required to complete a supervision agreement. The supervisee shall
instead submit the previously required signed supervisor responsibility statement with the
application for licensure.
(3) The supervision agreement shall include all of the following:
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(A) The licensee’s qualifications to be a supervisor as specified in section 1821 and in section
4999.12 of the Code.
(B) The supervisor affirms an understanding of the requirements pertaining to registration of
the supervisee, acceptable supervision practices, work settings, supervisee employment,
and oversight of supervisees as specified in sections 4999.46, 4999.46.1, 4999.46.2,
4999.46.3, and 4999.46.4 of the Code.
(C) The supervisor affirms an understanding of the requirements pertaining to direct supervisor
contact as specified in section 4999.46.2 of the Code.
(D) The supervisor affirms an understanding of the supervision documentation required by this
section and the board’s right to audit a supervisor’s compliance with the requirements
specified in this article and in the Code.
(E) The supervisee affirms an understanding of all of the following:
1. Requirements pertaining to registration as an associate as specified in section 4999.46
of the Code.
2. The supervisee’s supervisor must hold a current and active California license that is not
under suspension or probation while supervising in order for hours to count toward
licensure as specified in section 1821 and in section 4999.12 of the Code.
3. Requirements pertaining to documentation of completed supervised experience as
specified in this section.
4. Prohibited practices pertaining to employment and supervisory relationships as specified
in section 4999.46.3 of the Code.
5. The age limit pertaining to experience hours as specified in section 4999.46 of the Code.
(F) A supervisory plan that describes the goals and objectives of supervision and whereby the
supervisor affirms an understanding of the responsibilities pertaining to monitoring and
evaluating the supervisee as specified in section 1821 and in section 4999.12 of the Code.
This plan shall be developed collaboratively by the supervisor and supervisee.
(d) Supervisees shall maintain a weekly log of all hours of experience gained toward licensure. The
log of hours must be signed by the supervisor on a weekly basis. The supervisee shall retain the
signed logs until such time as the supervisee is licensed by the board. The board shall have the
right to require an applicant for licensure to submit all or such portions of the logs as it deems
necessary to verify hours of experience. The log shall include all of the following:
(1) The name and address of the supervisee’s work setting.
(2) Hours of experience gained per category as listed in sections 4999.46(c)(3), 4999.46(c)(5),
and 4999.46.2(b) of the Code per week.
(3) Total hours gained per week and in each category overall.
(e) Completed hours of experience shall be documented at the completion or termination of
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supervision. Such documentation shall be submitted to the board by the supervisee upon
application for licensure and shall include all of the following:
(1) The supervisor’s telephone number and license information.
(2) The supervisee’s employer’s name, address, and telephone number.
(3) Whether the supervisee’s work setting complies with sections 4999.46.3 and 4999.46.4 of the
Code.
(4) Documentation of employment or volunteer status, as specified in section 4999.46.3 of the
Code.
(5) The applicant’s accumulated hours of experience broken down by category as set forth in
subsection (d)(2).
(6) The amount and type of supervision provided to the applicant.
(7) The dates during which the experience was gained.
(8) The supervisor’s signature under penalty of perjury.
Note: Authority cited: Sections 4990.20 and 4999.48, Business and Professions Code. Reference: Sections 4999.12, 4999.46, 4999.46.1, 4999.46.2,
4999.46.3, 4999.46.4, 4999.48 and 4999.50, Business and Professions Code.
§ 1820.3. PLACEMENT BY TEMPORARY STAFFING AGENCIES.
(a) A “temporary staffing agency” is defined as an agency that locates positions for individuals
seeking temporary work and fills vacancies for agencies seeking individuals to perform work on a
temporary basis.
(b) A “contracting agency” is defined as an agency where a supervisee has been placed by a
temporary staffing agency.
(c) The following provisions apply to a supervisee who has been placed by a temporary staffing
agency:
(1) The supervisee shall only perform mental health and related services at the places where the
contracting agency permits business to be conducted.
(2) The written oversight agreement required by section 1820 shall be between the contracting
agency and the supervisor when the supervisor is not an employee of the contracting agency
or is a volunteer. In cases where the supervisor is an employee of the contracting agency, no
written agreement shall be required.
(d) A supervisee who has been placed by a temporary staffing agency is subject to 4999.46.3(a) of
the Code regardless of whether a supervisee is employed by the temporary agency or the
contracting agency.
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Note: Authority cited: Sections 4990.20 and 4999.48, Business and Professions Code. Reference: Sections 4999.46.3, 4999.46.4 and 4999.48,
Business and Professions Code.
§ 1821. REQUIREMENTS FOR SUPERVISORS.
(a) Any person supervising an associate or an applicant for associate registration as described in
section 4999.46(b) of the Code (hereinafter "supervisor") within California shall comply with the
requirements set forth in this section.
(1) The supervisor possesses and maintains a current and active California license as specified in
section 4999.12(h) of the Code and meets all other qualifications specified in section
4999.12(h) of the Code.
(2) A supervisor who is not a licensed professional clinical counselor, shall have sufficient
experience, training, and education in professional clinical counseling to competently practice
professional clinical counseling in California. A supervisor who is a licensed educational
psychologist shall only supervise the provision of educationally related mental health services
consistent with the scope of practice of an educational psychologist.
(3) The supervisor shall be competent in the areas of clinical practice and techniques being
supervised and shall keep informed of developments in professional clinical counseling and in
California law governing the practice of professional clinical counseling.
(4) The supervisor shall self-monitor for and address supervision dynamics such as, but not
limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that
may affect supervision.
(5) The supervisor will immediately notify the supervisee of any disciplinary action, including
revocation or suspension, even if stayed, probation terms, inactive license status, or any lapse
in licensure that affects the supervisor's ability or right to practice or supervise.
(6) The supervisor has had sufficient experience, training, and education in the area of clinical
supervision to competently supervise associates. Persons licensed by the board who provide
supervision shall complete the minimum supervision training or coursework specified in section
1821.3.
(7) The supervisor knows and understands the laws and regulations pertaining to both the
supervision of associates and the experience required for licensure as a professional clinical
counselor.
(8) The supervisor shall monitor and evaluate the extent, kind, and quality of counseling
performed by the supervisee as specified in sections 4999.12(m) and 4999.46.1 of the Code.
(9) The supervisor shall complete an assessment of the ongoing strengths and limitations of the
supervisee at least once a year and at the completion or termination of supervision. The
supervisor shall provide the supervisee with a copy of all assessments.
(10) The supervisor shall establish written procedures for supervisees to contact the supervisor or,
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in the supervisor’s absence, procedures for contacting an alternative on-call supervisor to
assist supervisees in handling crises and emergencies. The supervisor shall provide these
procedures to the supervisee prior to the commencement of supervision.
(b) A supervisor shall give at least one (1) week's prior written notice to a supervisee of the
supervisor's intent not to sign for any further hours of experience for such person. A supervisor
who has not provided such notice shall sign for hours of experience obtained in good faith where
such supervisor actually provided the required supervision.
(c) The supervisor shall obtain from each supervisee for whom supervision will be provided the name,
address, and telephone number of the supervisee’s most recent supervisor and employer.
(d) A supervisor shall complete and sign under penalty of perjury a self-assessment report and submit
it to the board as described in this subsection:
(1) The supervisor self-assessment report shall include all of the following:
(A) The licensee’s qualifications to be a supervisor as specified in this section and in section
4999.12 of the Code.
(B) The supervisor’s telephone number. The telephone number shall be considered
confidential and not subject to public disclosure.
(C) The supervisor’s email address, if the supervisor has an email address. The email address
shall be considered confidential and not subject to public disclosure.
(D) The date the licensee initially began supervising and, for licensees who have previously
served as a board-qualified supervisor but have not supervised for the past two (2) years,
the date the licensee resumed supervising.
(E) The date the supervisor completed the training or coursework required by section 1821.3,
and the length of the course(s) taken.
(F) The supervisor affirms an understanding of all of the following:
1. The supervisor’s license must meet the supervisor qualifications set forth in this section
and in section 4999.12 of the Code for a supervisee’s experience hours to be credited
toward licensure.
2. The supervisee notification requirement set forth in subsection (a)(5) of this section.
3. The requirements set forth in section 4999.46.4 of the Code pertaining to the maximum
number of supervisees.
4. The board’s right to audit records pertaining to supervisor qualifications in accordance
with section 4999.46.5 of the Code.
5. The requirement to complete a supervision agreement for each supervisee as specified in
section 1820.
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(2) The supervisor self-assessment report shall be submitted to the board as follows:
(A) A licensee who is supervising one or more associates as of January 1, 2022 shall submit a
self-assessment report to the board, which shall be received by January 1, 2023.
(B) Licensees not supervising an associate as of January 1, 2022 shall submit a self-
assessment report to the board, which shall be received within 60 days of the
commencement of supervision.
(e) Upon written request of the board, the supervisor shall provide to the board any documentation
which verifies the supervisor's compliance with the requirements set forth in this section.
Note: Authority cited: Sections 4990.20 and 4999.48, Business and Professions Code. Reference: Sections 4989.14, 4999.12, 4999.46, 4999.46.1,
4999.46.2, 4999.46.3, 4999.46.4 and 4999.46.5, Business and Professions Code.
§ 1821.1. SUBSTITUTE SUPERVISORS.
(a) When it becomes necessary for a supervisee to obtain supervision temporarily from a substitute
supervisor, the substitute supervisor shall meet all supervisor qualifications required by the Code
and in this article.
(b) The substitute supervisor and the supervisee shall sign the supervision agreement required by
section 1820, the substitute supervisor and supervisee’s employer shall sign a written oversight
agreement if required by section 1820, and the substitute supervisor shall sign the weekly log
specified in section 1820.
(c) If the substitute supervisor will be supervising for 30 consecutive calendar days or less:
(1) A new supervisory plan, as specified in section 1820(c)(3)(F), is not required. The substitute
supervisor shall follow the supervisee’s pre-existing supervisory plan.
(2) The experience gained during this period may be verified, as specified in section 1820(e), by
the regular supervisor.
(d) If the substitute supervisor will be supervising for more than 30 consecutive calendar days, a new
supervisory plan shall be required, and the substitute supervisor shall verify the supervisee’s
experience gained during that time.
Note: Authority cited: Sections 4990.20 and 4999.48, Business and Professions Code. Reference: Sections 4999.12 and 4999.46.4, Business and
Professions Code.
§ 1821.2. SUPERVISION OF EXPERIENCE GAINED OUTSIDE OF CALIFORNIA.
(a) Experience gained outside of California must have been supervised in accordance with the
following criteria:
(1) At the time of supervision, the supervisor was licensed or certified by the state or jurisdiction in
which the supervision occurred and possessed a current and active license or certification that
was not under suspension or probation.
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(2) The supervisor must have been licensed or certified by that state or jurisdiction for at least two
(2) of the past five (5) years immediately prior to acting as a supervisor, as either a
professional clinical counselor, clinical social worker, psychologist, physician certified in
psychiatry by the American Board of Psychiatry and Neurology, marriage and family therapist
or similarly titled marriage and family practitioner, or other equivalent license or certification
that allows the practitioner to independently provide clinical mental health services.
Note: Authority cited: Sections 4990.20 and 4999.48, Business and Professions Code. Reference: Sections 4999.12 and 4999.61, Business and
Professions Code.
§ 1821.3. SUPERVISOR TRAINING AND COURSEWORK.
Persons licensed by the board who provide supervision shall complete, at a minimum, supervision
training or coursework as follows:
(a) Except as provided in subsection (d), licensees who commence supervision for the first time in
California shall obtain fifteen (15) hours in supervision training or coursework obtained from a
government agency or from a continuing education provider specified as acceptable by the board
in Article 8. If taken from an acceptable continuing education provider, the training or coursework
may apply towards the continuing education requirements set forth in sections 4980.54, 4989.34,
4996.22, and 4999.76 of the Code.
(1) The training or coursework content shall include, but not be limited to, current best practices
and current industry standards, which include legal requirements, professional codes of ethics,
and research focused on supervision regarding the following:
(A) Competencies necessary for new supervisors;
(B) Goal setting and evaluation;
(C) The supervisor-supervisee relationship;
(D) California law and ethics, including legal and ethical issues related to supervision;
(E) Cultural variables, including, but not limited to, race, gender, social class, and religious
beliefs;
(F) Contextual variables, such as treatment modalities, work settings, and use of technology;
(G) Supervision theories and literature; and
(H) Documentation and record keeping of the supervisee’s client files, as well as
documentation of supervision.
(2) If taken from a government agency or from an acceptable continuing education provider, the
training or coursework shall have been taken within two (2) years prior to commencing
supervision, or within 60 days after commencing supervision.
(3) If taken at a master’s or higher level from an accredited or approved postsecondary institution
as defined in section 4999.12 of the Code, the training or coursework shall have been taken
within four (4) years prior to commencing supervision, or within 60 days after commencing
supervision.
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(b) Except as provided in subsection (d), a licensee who previously served as a board-qualified
supervisor but has not supervised for the past two (2) years shall take six (6) hours of supervision
training or coursework within 60 days of resuming supervision.
(c) Except as provided in subsection (d), supervisors shall complete a minimum of six (6) hours of
continuing professional development in supervision during each subsequent renewal period while
providing supervision. This shall consist of one or more of the following activities, for which
records of completion shall be maintained as specified in section 4999.46.5 of the Code:
(1) Training or coursework specific to the topic of supervision, obtained from a government agency
or from an acceptable continuing education provider. If taken from an acceptable continuing
education provider, it may apply towards the continuing education requirements set forth in
sections 4980.54, 4989.34, 4996.22, and 4999.76 of the Code.
(2) Teaching a supervision course described in subsection (c)(1).
(3) Authoring research directly focused on supervision that has been published professionally.
This may include, but is not limited to, quantitative or qualitative research, literature reviews,
peer reviewed journals or books, monographs, or other industry or academic published work.
This shall not include personal opinion papers, editorials, or blogs.
(4) Collaboration with another licensee who also serves as a board-qualified supervisor through
the use of mentoring or consultation. Documentation of attendance shall consist of a log
signed by both parties.
(5) Attendance at supervisor peer discussion groups with other licensees who also serve as
board-qualified supervisors. Documentation of attendance shall consist of a letter or certificate
from the group leader or facilitator.
(d)(1) In lieu of subsections (a), (b), and (c), the board shall accept a valid and active approved
supervisor certification from one of the following entities:
(A) The American Association for Marriage and Family Therapy (AAMFT)
(B) The American Board of Examiners in Clinical Social Work (ABECSW)
(C) The California Association of Marriage and Family Therapists (CAMFT)
(D) The Center for Credentialing and Education (CCE)
(2) The board shall accept an approved supervisor certification from another entity if the licensee
can demonstrate that the certification requirements of that entity meet or exceed those of any
one of the entities specified in subsection (d)(1).
(e) The board shall not deny hours of experience gained towards licensure due to the supervisor’s
failure to complete the training, coursework, or continuing professional development requirements
in this section.
Note: Authority cited: Sections 4990.20 and 4999.48, Business and Professions Code. Reference: Sections 4999.12 and 4999.48, Business and
Professions Code.
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§ 1822.50. EXAMINATIONS.
(a) The written examinations shall test for minimum acceptable competency to practice professional
clinical counseling without causing harm to the public health, safety or welfare, and shall consist of
the following:
(1) A California law and ethics examination designed to assess the applicant’s knowledge of and
ability to apply legal and ethical standards relating to the practice of professional clinical
counseling.
(2) A clinical examination designed to assess an applicant’s knowledge of psychotherapeutic
principles and methods in treatment and their application, and the ability to make judgments
about appropriate techniques, methods and objectives as applicable to the professional clinical
counselor scope of practice.
(b) The clinical examination as described in subsection (a)(2) shall be the National Clinical Mental
Health Counseling Examination.
Note: Authority cited: Section 4990.20(a), Business and Professions Code. Reference: Sections 4999.52, 4999.53, and 4999.55, Business and
Professions Code.
§ 1822.51. ELIGIBILITY FOR LAW AND ETHICS EXAMINATION.
Notwithstanding any other provision of law, eligibility to take the California law and ethics examination
requires an applicant to, at minimum, meet one of the following:
(a) The applicant holds a current, delinquent or cancelled associate registration, submits a request
and pays the fee to take the examination.
(1) When a registrant who holds a current or delinquent registration takes the examination and
does not pass during his or her one-year renewal cycle, the registrant shall complete a 12-
hour course on California law and ethics as specified in section 4999.55(e) of the Code, in
order to be eligible to take the examination during the next renewal cycle.
(b) The applicant currently has an approved application for licensure.
Note: Authority cited: Section 4990.20(a), Business and Professions Code. Reference: Sections 4999.52, 4999.53, 4999.55, and 4999.100, Business
and Professions Code.
§ 1822.52. TIME FRAMES - LAW & ETHICS EXAMINATION.
(a) An applicant for licensure shall take the California law and ethics examination during the following
time frames in accordance with section 1806:
(1) Within one year from the date the applicant was notified of initial eligibility to take the
examination.
(2) Within one year from the date the applicant was notified of failing the examination.
(b) Registrants shall take the California law and ethics examination during the following time frames:
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(1) A registrant whose associate registration is issued on or after January 1, 2016 shall take the
examination prior to the registration’s first expiration date, and shall continue to take the
examination a minimum of once during each renewal cycle until passed.
(2) A registrant whose associate registration was issued prior to January 1, 2016, shall take the
examination a minimum of once during each renewal cycle until passed.
(3) Should a registrant fail to take the examination as specified in (1) or (2) above, he or she will
not be permitted to renew his or her registration until the examination has been taken, except
during the grace period specified in section 4999.55(c) of the Code.
(4) Registrants who are eligible to retake the California law and ethics examination may do so
after the required waiting period upon submission of the following:
(A) A request to take the examination including the required fee.
(B) If required, proof of completion of the 12-hour California law and ethics course as
described in section 4999.55(e) of the Code.
(c) A registrant who has an approved application for licensure shall be subject to subdivisions (a)
and (b).
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4999.52, 4999.53, 4999.55 and 4999.100, Business and
Professions Code.
§ 1823. UNPROFESSIONAL CONDUCT.
As used in Section 4999.90 of the code, unprofessional conduct includes, but is not limited to:
(a) Failure to provide to the board, as authorized by law, copies of records within 15 days of receipt of
the request or within the time specified in the request, whichever is later, unless the licensee or
registrant is unable to provide the records within this time period for good cause. Good cause
includes, but is not limited to, physical inability to access the records in the time allowed due to
illness or travel, or inability to obtain the necessary patient release authorization, if applicable. This
subsection shall not apply to a licensee or registrant who does not have access to, and control over,
medical records.
(b) Failure to cooperate and participate in any board investigation pending against the licensee or
registrant. This subsection shall not be construed to deprive a licensee, registrant, or a consumer of
any rights or privilege guaranteed by the Fifth Amendment to the Constitution of the United States,
or any other constitutional or statutory rights or privileges. This subsection shall not be construed to
require a licensee or registrant to cooperate with a request that would require the licensee,
registrant, or a consumer to waive any constitutional or statutory rights or privilege or to comply with
a request for information or other matters within an unreasonable period of time in light of the time
constraints of the licensee’s or registrant’s practice. Any exercise by a licensee or registrant of any
constitutional or statutory rights or privilege shall not be used against the licensee or registrant in a
regulatory or disciplinary proceeding against the licensee or registrant.
(c) Failure to report to the board within 30 days any of the following:
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(1) A conviction of any felony or misdemeanor, which is not subject to Health & Safety Code
sections 11357 (b), (c), (d), (e), or 11360 (b). A conviction includes any verdict of guilty, or plea
of guilty or no contest.
(2) Any disciplinary action taken by another licensing entity or authority of this state or of another
state or an agency of the federal government or the United States military.
(d) Failure to provide, within 30 days of a request, documentation to the Board regarding the arrest of
the licensee or registrant, except for records of convictions or arrests protected under Penal Code
section 1000.4, or Health and Safety Code sections 11361.5 and 11361.7.
(e) Failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating
the release of records to the board.
Note: Authority cited: Sections 4990.20 and 4999.48, Business and Professions Code. Reference: Sections 4990.20, 4999.48, and 4999.90, Business and
Professions Code; Section 1000.4, Penal Code; and Sections 11357, 11360, 11361.5 and 11361.7, Health and Safety Code.
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ARTICLE 4. LICENSED MARRIAGE AND FAMILY THERAPISTS
§ 1829.1. REQUIRED EXAMINATIONS.
(a) The written examinations shall test for minimum acceptable competency to practice marriage and
family therapy without causing harm to the public health, safety or welfare, and shall consist of the
following:
(1) A California law and ethics examination designed to assess the applicant’s knowledge of and
ability to apply legal and ethical standards relating to the practice of marriage and family
therapy.
(2) A clinical examination designed to assess an applicant’s knowledge of psychotherapeutic
principles and methods in treatment and their application, and the ability to make judgments
about appropriate techniques, methods and objectives as applicable to the marriage and family
therapist scope of practice.
(b) The clinical examination as described in subsection (a)(2) shall be a board administered
examination.
Note: Authority cited: Sections 4980.40 and 4980.60, Business and Professions Code. Reference: Sections 4980.397, 4980.398, 4980.399 and 4980.50,
Business and Professions Code.
§ 1829.2. ELIGIBILITY FOR LAW AND ETHICS EXAMINATION.
Notwithstanding any other provision of law, eligibility to take the California law and ethics examination
requires an applicant to, at minimum, meet one of the following:
(a) The applicant holds a current, delinquent or cancelled associate registration, submits a request
and pays the fee to take the examination.
(1) When a registrant who holds a current or delinquent registration takes the examination and
does not pass during his or her one-year renewal cycle, the registrant shall complete a 12-
hour course on California law and ethics as specified in section 4980.399(e) of the Code, in
order to be eligible to take the examination during the next renewal cycle.
(b) The applicant currently has an approved application for licensure.
Note: Authority cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4980.397, 4980.398, 4980.399, 4980.50,
and 4984.01, Business and Professions Code.
§ 1829.3. TIME FRAMES - LAW & ETHICS EXAMINATION.
(a) An applicant for licensure shall take the California law and ethics examination during the following
time frames in accordance with section 1806:
(1) Within one year from the date the applicant was notified of initial eligibility to take the
examination.
(2) Within one year from the date the applicant was notified of failing the examination.
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(b) Registrants shall take the California law and ethics examination during the following time frames:
(1) A registrant whose associate registration is issued on or after January 1, 2016 shall take the
examination prior to the registration’s first expiration date, and shall continue to take the
examination a minimum of once during each renewal cycle until passed.
(2) A registrant whose associate registration was issued prior to January 1, 2016, shall take the
examination a minimum of once during each renewal cycle until passed.
(3) Should a registrant fail to take the examination as specified in (1) or (2) above, he or she will
not be permitted to renew his or her registration until the examination has been taken, except
during the grace period specified in section 4980.399(c) of the Code.
(4) Registrants who are eligible to retake the California law and ethics examination may do so
after the required waiting period upon submission of the following:
(A) A request to take the examination including the required fee.
(B) If required, proof of completion of the 12-hour California law and ethics course as
described in section 4980.399(e) of the Code.
(c) A registrant who has an approved application for licensure shall be subject to subdivisions (a)
and (b).
Note: Authority cited: Sections 4980.60 and 4990.20(a), Business and Professions Code. Reference: Sections 4980.397, 4980.398, 4980.399, 4980.50,
and 4984.01, Business and Professions Code.
§ 1833. SUPERVISED EXPERIENCE: REQUIRED DOCUMENTATION.
(a) When a written oversight agreement is required by section 4980.43.4 of the Code, the agreement
shall contain the following provisions and shall be executed as described below.
(1) The written oversight agreement shall be executed and signed prior to commencement of
supervision.
(2) The agreement shall contain a statement from the supervisor agreeing to ensure that the
extent, kind, and quality of counseling performed by the supervisee is consistent with the
supervisee’s training, education, and experience, and is appropriate in extent, kind, and quality.
(3) The agreement shall contain an acknowledgment by the supervisee’s employer that the
employer:
(A) Is aware of the licensing requirements that must be met by the supervisee and that the
employer agrees not to interfere with the supervisor's legal and ethical obligations to ensure
compliance with those requirements;
(B) Agrees to provide the supervisor access to clinical records of the clients counseled by the
supervisee; and
(C) Is aware that the supervisor will be providing clinical guidance and direction to the
supervisee in order to ensure compliance with the standards of practice of the profession,
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which include legal requirements and professional codes of ethics, and agrees not to
interfere with this process.
(4) The supervisor shall provide the signed agreement to the supervisee upon completion or
termination of supervision. The supervisee shall submit the agreement to the board upon
application for licensure.
(b) Supervisors shall complete and submit a self-assessment report pertaining to the licensee’s
qualifications to be a supervisor, as specified in section 1833.1.
(c)(1) Except as specified in subsection (c)(2), within 60 days of the commencement of any
supervision, the supervisor and supervisee shall sign a supervision agreement, as specified in
subsection (c)(3), under penalty of perjury. The original signed supervisory agreement shall be
retained by the supervisee and submitted to the board with the supervisee’s application for
licensure.
(2) A supervisor and a supervisee who are in a supervisory relationship that existed prior to
January 1, 2022 shall complete a supervisory plan as required by subsection (c)(3)(F), but are
not required to complete a supervision agreement. The supervisee shall instead submit the
previously required signed supervisor responsibility statement with the application for
licensure.
(3) The supervision agreement shall include all of the following:
(A) The licensee’s qualifications to be a supervisor as specified in section 1833.1 and in
section 4980.03 of the Code.
(B) The supervisor affirms an understanding of the requirements pertaining to registration of
the supervisee, acceptable supervision practices, work settings, supervisee employment,
and oversight of supervisees as specified in sections 4980.43, 4980.43.1, 4980.43.2,
4980.43.3, and 4980.43.4 of the Code.
(C) The supervisor affirms an understanding of the requirements pertaining to direct
supervisor contact as specified in section 4980.43.2 of the Code.
(D) The supervisor affirms an understanding of the supervision documentation required by
this section and the board’s right to audit a supervisor’s compliance with the requirements
in this article and in the Code.
(E) The supervisee affirms an understanding of all of the following:
1. Requirements pertaining to registration as an associate as specified in section 4980.43
of the Code.
2. The supervisee’s supervisor must hold a current and active California license that is not
under suspension or probation while supervising in order for hours to count toward
licensure as specified in section 1833.1 and in section 4980.03 of the Code.
3. Requirements pertaining to documentation of completed supervised experience as
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specified in this section.
4. Prohibited practices pertaining to employment and supervisory relationships as
specified in section 4980.43.3 of the Code.
5. The age limit pertaining to experience hours as specified in section 4980.43 of the
Code.
(F) A supervisory plan that describes the goals and objectives of supervision and whereby the
supervisor affirms an understanding of the responsibilities pertaining to monitoring and
evaluating the supervisee as specified in section 1833.1 and in section 4980.43.1 of the
Code. This plan shall be developed collaboratively by the supervisor and supervisee.
(d) Supervisees shall maintain a weekly log of all hours of experience gained toward licensure. The
log of hours shall be signed by the supervisor on a weekly basis. The supervisee shall retain the
signed logs until such time as the supervisee is licensed by the board. The board shall have the
right to require an applicant for licensure to submit all or such portions of the logs as it deems
necessary to verify hours of experience. The log shall include all of the following:
(1) The name and address of the supervisee’s work setting.
(2) Hours of experience gained per category as listed in sections 4980.43(c)(8), 4980.43(c)(10),
and 4980.43.2(b) of the Code per week.
(3) Total hours gained per week and in each category overall.
(e) Completed hours of experience shall be documented at the completion or termination of
supervision. Such documentation shall be submitted to the board by the supervisee upon
application for licensure and shall include all of the following:
(1) The supervisor’s telephone number and license information.
(2) The supervisee’s employer’s name, address, and telephone number.
(3) Whether the supervisee’s work setting complies with sections 4980.43.3 and 4980.43.4 of the
Code.
(4) If the supervisee was an associate at the time the experience was gained, documentation of
employment or volunteer status, as specified in section 4980.43.3 of the Code.
(5) The applicant’s accumulated hours of experience broken down by category as set forth in
subsection (d)(2).
(6) The amount and type of supervision provided to the applicant.
(7) The dates during which the experience was gained.
(8) The supervisor’s signature under penalty of perjury.
Note: Authority cited: Sections 4980.35, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.03, 4980.35, 4980.40, 4980.42,
4980.43, 4980.43.4 and 4980.44, Business and Professions Code.
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§ 1833.05. PLACEMENT BY TEMPORARY STAFFING AGENCIES.
(a) A “temporary staffing agency” is defined as an agency that locates positions for individuals
seeking temporary work and fills vacancies for agencies seeking individuals to perform work on a
temporary basis.
(b) A “contracting agency” is defined as an agency where a supervisee has been placed by a
temporary staffing agency.
(c) The following provisions apply to a supervisee who has been placed by a temporary staffing
agency:
(1) The supervisee shall only perform mental health and related services at the places where the
contracting agency permits business to be conducted.
(2) The written oversight agreement required by section 1833 shall be between the contracting
agency and the supervisor when the supervisor is not an employee of the contracting agency
or is a volunteer. In cases where the supervisor is an employee of the contracting agency, no
written agreement shall be required.
(d) A supervisee who has been placed by a temporary staffing agency is subject to 4980.43.3(a) of
the Code regardless of whether a supervisee is employed by the temporary agency or the
contracting agency.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.43.3 and 4980.60, Business and
Professions Code.
§ 1833.1. REQUIREMENTS FOR SUPERVISORS.
(a) Any person supervising a trainee, an associate, or an applicant for associate registration as
described in section 4980.43(b) of the Code (hereinafter "supervisor") within California shall
comply with the requirements below.
(1) The supervisor possesses and maintains a current and active California license as specified
in section 4980.03(g) of the Code and meets all other qualifications specified in section
4980.03(g) of the Code.
(2) A supervisor who is not a licensed marriage and family therapist shall have sufficient
experience, training, and education in marriage and family therapy to competently practice
marriage and family therapy in California. A supervisor who is a licensed educational
psychologist shall only supervise the provision of educationally related mental health services
consistent with the scope of practice of an educational psychologist.
(3) The supervisor shall be competent in the areas of clinical practice and techniques being
supervised and shall keep informed of developments in marriage and family therapy and in
California law governing the practice of marriage and family therapy.
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(4) The supervisor shall self-monitor for and address supervision dynamics such as, but not
limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that
may affect supervision.
(5) The supervisor will immediately notify the supervisee of any disciplinary action, including
revocation or suspension, even if stayed, probation terms, inactive license status, or any
lapse in licensure that affects the supervisor's ability or right to practice or supervise.
(6) The supervisor has had sufficient experience, training, and education in the area of clinical
supervision to competently supervise trainees or associates. Persons licensed by the board
who provide supervision shall complete the minimum supervision training or coursework
specified in section 1834.
(7) The supervisor knows and understands the laws and regulations pertaining to both the
supervision of trainees and associates and the experience required for licensure as a
marriage and family therapist.
(8) The supervisor shall monitor and evaluate the extent, kind, and quality of counseling
performed by the supervisee as specified in section 4980.43.1(b) of the Code.
(9) The supervisor shall complete an assessment of the ongoing strengths and limitations of the
supervisee at least once a year and at the completion or termination of supervision. The
supervisor shall provide the supervisee with a copy of all assessments.
(10) The supervisor shall establish written procedures for supervisees to contact the supervisor or,
in the supervisor’s absence, procedures for contacting an alternative on-call supervisor to
assist supervisees in handling crises and emergencies. The supervisor shall provide these
procedures to the supervisee prior to the commencement of supervision.
(b) A supervisor shall give at least one (1) week's prior written notice to a supervisee of the
supervisor's intent not to sign for any further hours of experience for such person. A supervisor
who has not provided such notice shall sign for hours of experience obtained in good faith where
such supervisor actually provided the required supervision.
(c) The supervisor shall obtain from each supervisee for whom supervision will be provided the name,
address, and telephone number of the supervisee’s most recent supervisor and employer.
(d) A supervisor shall complete and sign under penalty of perjury a self-assessment report and submit
it to the board as described in this subsection:
(1) The supervisor self-assessment report shall include all of the following:
(A) The licensee’s qualifications to be a supervisor as specified in this section and in section
4980.03 of the Code.
(B) The supervisor’s telephone number. The telephone number shall be considered
confidential and not subject to public disclosure.
(C) The supervisor’s email address, if the supervisor has an email address. The email address
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shall be considered confidential and not subject to public disclosure.
(D) The date the licensee initially began supervising and, for licensees who have previously
served as a board-qualified supervisor but have not supervised for the past two (2) years,
the date the licensee resumed supervising.
(E) The date the supervisor completed the training or coursework required by section 1834,
and the length of the course(s) taken.
(F) The supervisor affirms an understanding of all of the following:
1. The supervisor’s license must meet the supervisor qualifications set forth in this section
and in section 4980.03 of the Code for a supervisee’s experience hours to be credited
toward licensure.
2. The supervisee notification requirement set forth in subsection (a)(5) of this section.
3. The requirements set forth in section 4980.43.4 of the Code pertaining to the maximum
number of supervisees.
4. The board’s right to audit records pertaining to supervisor qualifications in accordance
with section 4980.43.5 of the Code.
5. The requirement to complete a supervision agreement for each supervisee as specified
in section 1833.
(2) The supervisor self-assessment report shall be submitted to the board as follows:
(A) A licensee who is supervising one or more trainees or associates as of January 1, 2022
shall submit a self-assessment report to the board, which shall be received by January 1,
2023.
(B) Licensees not supervising a trainee or associate as of January 1, 2022 shall submit a self-
assessment report to the board, which shall be received within 60 days of the
commencement of supervision.
(e) Upon written request of the board, the supervisor shall provide to the board any documentation
which verifies the supervisor's compliance with the requirements set forth in this section.
Note: Authority cited: Sections 4980.35, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.03, 4980.42, 4980.43, 4980.43.1,
4980.43.2, 4980.43.3, 4980.43.4, 4980.43.5 and 4989.14, Business and Professions Code.
§ 1833.1.5. SUBSTITUTE SUPERVISORS.
(a) When it becomes necessary for a supervisee to obtain supervision temporarily from a substitute
supervisor, the substitute supervisor shall meet all supervisor qualifications required by the Code
and in this article.
(b) The substitute supervisor and the supervisee shall sign the supervision agreement required by
section 1833, the substitute supervisor and supervisee’s employer shall sign a written oversight
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agreement if required by section 1833, and the substitute supervisor shall sign the weekly log
required by section 1833.
(c) If the substitute supervisor will be supervising for 30 consecutive calendar days or less:
(1) A new supervisory plan as specified in section 1833(c)(3)(F) is not required. The substitute
supervisor shall follow the supervisee’s pre-existing supervisory plan.
(2) The experience gained during this period may be verified as specified in section 1833(e) by the
regular supervisor.
(d) If the substitute supervisor will be supervising for more than 30 consecutive calendar days, a new
supervisory plan shall be required, and the substitute supervisor shall verify the supervisee’s
experience gained during that time.
Note: Authority cited: Sections 4980.35, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.03, 4980.35 and 4980.43.4,
Business and Professions Code.
§ 1833.2. SUPERVISION OF EXPERIENCE GAINED OUTSIDE OF CALIFORNIA.
(a) Experience gained outside of California must have been supervised in accordance with the following
criteria:
(1) At the time of supervision, the supervisor was licensed or certified by the state or jurisdiction in
which the supervision occurred and possessed a current and active license or certification that
was not under suspension or probation.
(2) The supervisor must have been licensed or certified by that state or jurisdiction, for at least two
(2) of the past five (5) years immediately prior to acting as a supervisor, as either a psychologist,
clinical social worker, physician certified in psychiatry by the American Board of Psychiatry and
Neurology, professional clinical counselor, marriage and family therapist or similarly titled
marriage and family practitioner, or other equivalent license or certification that allows the
practitioner to independently provide clinical mental health services.
(3) In a state or jurisdiction which does not license or certify marriage and family therapists or
similarly titled marriage and family practitioners, experience may be obtained under the
supervision of a person who at the time of supervision held a clinical membership in the
American Association of Marriage and Family Therapists for at least two years and who
maintained such membership throughout the period of supervision.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.03, 4980.35 and 4980.74, Business and
Professions Code.
§ 1834. SUPERVISOR TRAINING AND COURSEWORK.
Persons licensed by the board who provide supervision shall complete, at a minimum, supervision
training or coursework as follows:
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(a) Except as provided in subsection (d), licensees who commence supervision for the first time in
California shall obtain fifteen (15) hours in supervision training or coursework obtained from a
government agency or from a continuing education provider specified as acceptable by the board
in Article 8. If taken from an acceptable continuing education provider, the training may apply
towards the continuing education requirements set forth in sections 4980.54, 4989.34, 4996.22,
and 4999.76 of the Code.
(1) The training or coursework content shall include, but not be limited to, current best practices
and current industry standards, which include legal requirements, professional codes of ethics,
and research focused on supervision regarding the following:
(A) Competencies necessary for new supervisors;
(B) Goal setting and evaluation;
(C) The supervisor-supervisee relationship;
(D) California law and ethics, including legal and ethical issues related to supervision;
(E) Cultural variables, including, but not limited to, race, gender, social class, and religious
beliefs;
(F) Contextual variables, such as treatment modalities, work settings, and use of technology;
(G) Supervision theories and literature; and
(H) Documentation and record keeping of the supervisee’s client files, as well as
documentation of supervision.
(2) If taken from a government agency or from an acceptable continuing education provider, the
training or coursework shall have been taken within two (2) years prior to commencing
supervision, or within 60 days after commencing supervision.
(3) If taken at a master’s or higher level from an accredited or approved postsecondary institution
as defined in section 4980.03 of the Code, the training or coursework shall have been taken
within four (4) years prior to commencing supervision, or within 60 days after commencing
supervision.
(b) Except as provided in subsection (d), a licensee who previously served as a board-qualified
supervisor but has not supervised for the past two (2) years shall take six (6) hours of supervision
training or coursework within 60 days of resuming supervision.
(c) Except as provided in subsection (d), supervisors shall complete a minimum of six (6) hours of
continuing professional development in supervision during each subsequent renewal period while
providing supervision. This shall consist of one or more of the following activities, for which
records of completion shall be maintained as specified in section 4980.43.5 of the Code:
(1) Training or coursework specific to the topic of supervision, obtained from a government agency
or from an acceptable continuing education provider. If taken from an acceptable continuing
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education provider, it may apply towards the continuing education requirements set forth in
sections 4980.54, 4989.34, 4996.22, and 4999.76 of the Code.
(2) Teaching a supervision course described in subsection (c)(1).
(3) Authoring research directly focused on supervision that has been published professionally.
This may include, but is not limited to, quantitative or qualitative research, literature reviews,
peer reviewed journals or books, monographs, or other industry or academic published work.
This shall not include personal opinion papers, editorials, or blogs.
(4) Collaboration with another licensee who also serves as a board-qualified supervisor through
the use of mentoring or consultation. Documentation of attendance shall consist of a log
signed by both parties.
(5) Attendance at supervisor peer discussion groups with other licensees who also serve as
board-qualified supervisors. Documentation of attendance shall consist of a letter or certificate
from the group leader or facilitator.
(d)(1) In lieu of subsections (a), (b), and (c), the board shall accept a valid and active approved
supervisor certification from one of the following entities:
(A) The American Association for Marriage and Family Therapy (AAMFT)
(B) The American Board of Examiners in Clinical Social Work (ABECSW)
(C) The California Association of Marriage and Family Therapists (CAMFT)
(D) The Center for Credentialing and Education (CCE)
(2) The board shall accept an approved supervisor certification from another entity if the licensee
can demonstrate that the certification requirements of that entity meet or exceed those of any
one of the entities specified in subsection (d)(1).
(e) The board shall not deny hours of experience gained towards licensure due to the supervisor’s
failure to complete the training, coursework, or continuing professional development requirements
in this section.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.03 and 4980.35, Business and Professions
Code.
§ 1845. UNPROFESSIONAL CONDUCT.
As used in section 4982 of the code, unprofessional conduct includes, but is not limited to:
(a) Performing or holding himself or herself out as able to perform professional services beyond his or
her field or fields of competence as established by his or her education, training and/or
experience.
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(b) Permitting a trainee or associate under his or her supervision or control to perform or permitting
the trainee or associate to hold himself or herself out as competent to perform professional
services beyond the trainee's or associate’s level of education, training and/or experience.
(c) Failing to comply with the child abuse reporting requirements of Penal Code section 11166.
(d) Failing to comply with the elder and dependent adult abuse reporting requirements of Welfare and
Institutions Code section 15630.
(e) Failure to provide to the board, as authorized by law, copies of records within 15 days of receipt of
the request or within the time specified in the request, whichever is later, unless the licensee or
registrant is unable to provide the records within this time period for good cause.
Good cause includes, but is not limited to, physical inability to access the records in the time
allowed due to illness or travel, or inability to obtain the necessary patient release authorization, if
applicable. This subsection shall not apply to a licensee or registrant who does not have access
to, and control over, medical records.
(f) Failure to cooperate and participate in any board investigation pending against the licensee or
registrant. This subsection shall not be construed to deprive a licensee, registrant, or a consumer
of any rights or privilege guaranteed by the Fifth Amendment to the Constitution of the United
States, or any other constitutional or statutory rights or privileges. This subsection shall not be
construed to require a licensee or registrant to cooperate with a request that would require the
licensee, registrant, or a consumer to waive any constitutional or statutory rights or privilege or to
comply with a request for information or other matters within an unreasonable period of time in
light of the time constraints of the licensee's or registrant's practice. Any exercise by a licensee or
registrant of any constitutional or statutory rights or privilege shall not be used against the licensee
or registrant in a regulatory or disciplinary proceeding against the licensee or registrant.
(g) Failure to report to the board within 30 days any of the following:
(1) A conviction of any felony or misdemeanor, which is not subject to Health & Safety Code
sections 11357(b), (c), (d), (e) or 11360(b). A conviction includes any verdict of guilty, or plea
of guilty or no contest.
(2) Any disciplinary action taken by another licensing entity or authority of this state or of another
state or an agency of the federal government or the United States military.
(h) Failure to provide, within 30 days of a request, documentation to the Board regarding the arrest of
the licensee or registrant, except for records of convictions or arrests protected under Penal Code
section 1000.4, or Health and Safety Code sections 11361.5 and 11361.7.
(i) Failure or refusal to comply with a court order, issued in the enforcement of a subpoena,
mandating the release of records to the board.
Note: Authority cited: Section 4980.60, Business and Professions Code. Reference: Sections 4980.03, 4980.60 and 4982, Business and Professions
Code; Sections 1000.4 and 11166, Penal Code; Sections 11357, 11360, 11361.5 and 11361.7, Health and Safety Code; and Section 15630, Welfare
and Institutions Code.
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§ 1846. ASSOCIATE MARRIAGE AND FAMILY THERAPISTS.
The registration of each associate shall expire at midnight one year from the last day of the month in
which the registration was issued.
Note: Authority cited: Section 4980.60, Business and Professions Code. Reference: Sections 4980.03 and 4984.01, Business and Professions Code.
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ARTICLE 4.5. PROFESSIONAL CORPORATIONS
§ 1850.6. NAME OF CORPORATION.
The wording or abbreviation denoting corporate existence shall be limited to one of the following:
"Professional Corporation," "Prof. Corp," "Corporation," "Corp," "Incorporated," or "Inc."
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4987.7, 4998.2 and 4999.125, Business and
Professions Code.
§ 1850.7. SHARES: OWNERSHIP AND TRANSFER.
(a) The shares of a marriage and family therapist, licensed clinical social worker, or licensed
professional clinical counselor corporation may be issued or transferred only to the issuing
corporation or to an appropriately licensed person in accordance with Section 13401.5 of the
Corporations Code.
(b) Where there are two or more shareholders in a corporation and one of its shareholders dies, or
becomes a disqualified person as defined in Section 13401(d) of the Corporations Code, for a
period exceeding ninety (90) days, his or her shares shall be sold and transferred to a licensed
person or to the issuing corporation, on such terms as are agreed upon. Such sale or transfer shall
not be later than six (6) months after any such death and not later than ninety (90) days after the
date the shareholder became a disqualified person.
(c) A corporation and its shareholders may, but need not, agree that shares sold to it by a person who
becomes a disqualified person may be resold to such person if and when the person again ceases
to become a disqualified person.
(d) The restrictions of subdivision (a) and, if appropriate, subdivision (b) of this section shall be set forth
in the corporation's by-laws or articles of incorporation.
(e) The income of the corporation attributable to professional, licensed services rendered while a
shareholder is a disqualified person shall not in any manner accrue to the benefit of such
shareholder or the person’s shares.
(f) The share certificates of the corporation shall contain either:
(1) An appropriate legend setting forth the restriction of subdivision (a) where appropriate, and
where applicable, the restriction of subdivision (b), or
(2) An appropriate legend stating that ownership and transfer of the shares are restricted and
specifically referring to an identified section of the by-laws or articles of incorporation of the
corporation wherein the restrictions are set forth.
Note: Authority cited: Sections 4980.60, 4988.2 and 4990.20, Business and Professions Code. Reference: Sections 4987.8, 4988, 4998.3, 4998.4, 4999.126
and 4999.127, Business and Professions Code; and Sections 13401, 13401.5, 13403 and 13407, Corporations Code.
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ARTICLE 5. LICENSED EDUCATIONAL PSYCHOLOGISTS
§ 1854. APPROVED EDUCATIONAL INSTITUTIONS.
Educational institutions approved by the board are defined as a college or university accredited by a
regional or national institutional accrediting agency recognized by the United States Department of
Education. The board shall accept a degree deemed equivalent to that required by section 4989.20 of
the code by a foreign educational credentials evaluation service that is a member of the National
Association of Credential Evaluation Services.
Note: Authority cited: Section 4990.20(a), Business and Professions Code. Reference: Section 4989.20(a)(1), Business and Professions Code.
§ 1856. EXPERIENCE EQUIVALENT TO THREE (3) YEARS FULL-TIME EXPERIENCE AS
CREDENTIALED SCHOOL PSYCHOLOGIST.
(a) No more than one year of experience will be granted for any 12 month period.
(b) Part time experience may be accumulated provided that the experience is obtained within six (6)
calendar years.
(c) Experience as a credentialed school psychologist employed by a parochial or private school may, at
the board's discretion, be deemed equivalent to experience as a credentialed school psychologist in
the public schools.
Note: Authority cited: Section 4990.20(a), Business and Professions Code. Reference: Section4989.20, Business and Professions Code.
§ 1858. UNPROFESSIONAL CONDUCT.
As used in Section 4989.54 of the code, unprofessional conduct includes, but is not limited to:
(a) Impersonates a licensee or allows another person to use his or her license.
(b) Permits a person under his or her supervision or control to perform or permits such person to hold
himself or herself out as competent to perform professional services beyond the level of education,
training and/or experience of that person.
(c) Failure to provide to the board, as authorized by law, copies of records within 15 days of receipt of
the request or within the time specified in the request, whichever is later, unless the licensee or
registrant is unable to provide the records within this time period for good cause. Good cause
includes, but is not limited to, physical inability to access the records in the time allowed due to
illness or travel, or inability to obtain the necessary patient release authorization, if applicable. This
subsection shall not apply to a licensee or registrant who does not have access to, and control over,
medical records.
(d) Failure to cooperate and participate in any board investigation pending against the licensee or
registrant. This subsection shall not be construed to deprive a licensee, registrant, or a consumer of
any rights or privilege guaranteed by the Fifth Amendment to the Constitution of the United States,
or any other constitutional or statutory rights or privileges. This subsection shall not be construed to
require a licensee or registrant to cooperate with a request that would require the licensee,
registrant, or a consumer to waive any constitutional or statutory rights or privilege or to comply with
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a request for information or other matters within an unreasonable period of time in light of the time
constraints of the licensee’s or registrant’s practice. Any exercise by a licensee or registrant of any
constitutional or statutory rights or privilege shall not be used against the licensee or registrant in a
regulatory or disciplinary proceeding against the licensee or registrant.
(e) Failure to report to the board within 30 days any of the following:
(1) A conviction of any felony or misdemeanor, which is not subject to Health & Safety Code
sections 11357 (b), (c), (d), (e), or 11360 (b). A conviction includes any verdict of guilty, or plea
of guilty or no contest.
(2) Any disciplinary action taken by another licensing entity or authority of this state or of another
state or an agency of the federal government or the United States military.
(f) Failure to provide, within 30 days of a request, documentation to the Board regarding the arrest of
the licensee or registrant, except for records of convictions or arrests protected under Penal Code
section 1000.4, or Health and Safety Code sections 11361.5 and 11361.7.
(g) Failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating
the release of records to the board.
Note: Authority cited: Section 4989.18, Business and Professions Code. Reference: Sections 4989.18 and 4989.54, Business and Professions Code;
Section 1000.4, Penal Code; and Sections 11357, 11360, 11361.5 and 11361.7, Health and Safety Code.
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ARTICLE 6. LICENSED CLINICAL SOCIAL WORKERS
§ 1869. SUPERVISED EXPERIENCE: REQUIRED DOCUMENTATION.
(a) When a written oversight agreement is required by section 4996.23.3 of the Code, the agreement
shall contain the following provisions and shall be executed as described below.
(1) The written oversight agreement shall be executed and signed prior to the commencement of
supervision.
(2) The agreement shall contain a statement from the supervisor agreeing to ensure that the
extent, kind, and quality of counseling performed by the supervisee is consistent with the
supervisee’s training, education, and experience, and is appropriate in extent, kind, and
quality.
(3) The agreement shall contain an acknowledgment by the supervisee’s employer that the
employer:
(A) Is aware of the licensing requirements that must be met by the supervisee and that the
employer agrees not to interfere with the supervisor's legal and ethical obligations to ensure
compliance with those requirements;
(B) Agrees to provide the supervisor access to clinical records of the clients counseled by the
supervisee; and
(C) Is aware that the supervisor will be providing clinical guidance and direction to the
supervisee in order to ensure compliance with the standards of practice of the profession,
which include legal requirements and professional codes of ethics, and agrees not to
interfere with this process.
(4) The supervisor shall provide the signed agreement to the supervisee upon completion or
termination of supervision. The supervisee shall submit the agreement to the board upon
application for licensure.
(b) Supervisors shall complete and submit a self-assessment report pertaining to the licensee’s
qualifications to be a supervisor, as specified in section 1870.
(c)(1) Except as provided in subsection (c)(2), within 60 days of the commencement of any
supervision, the supervisor and supervisee shall sign a supervision agreement, as specified in
subsection (c)(3), under penalty of perjury. The original signed supervisory agreement shall be
retained by the supervisee and submitted to the board with the supervisee’s application for
licensure.
(2) A supervisor and a supervisee who are in a supervisory relationship that existed prior to
January 1, 2022 are not required to complete a supervision agreement. The supervisee shall
instead submit the previously required signed supervisor responsibility statement with the
application for licensure.
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(3) The supervision agreement shall include all of the following:
(A) The licensee’s qualifications to be a supervisor as specified in section 1870 and in section
4996.20 of the Code.
(B) The supervisor affirms an understanding of the requirements pertaining to registration of
the supervisee, acceptable supervision practices, work settings, supervisee employment,
and oversight of supervisees as specified in sections 4996.18, 4996.23, 4996.23.2, and
4996.23.3 of the Code.
(C) The supervisor affirms an understanding of the requirements pertaining to direct supervisor
contact as specified in section 4996.23.1 of the Code.
(D) The supervisor affirms an understanding of the supervision documentation required by this
section and the board’s right to audit a supervisor’s compliance with the requirements
specified in this article and in the Code.
(E) The supervisee affirms an understanding of all of the following:
1. Requirements pertaining to registration as an associate as specified in section 4996.18
of the Code.
2. The supervisee’s supervisor must hold a current and active California license that is not
under suspension or probation while supervising in order for hours to count toward
licensure as specified in section 1870 and in section 4996.20 of the Code.
3. Requirements pertaining to documentation of completed supervised experience as
specified in this section.
4. Prohibited practices pertaining to employment and supervisory relationships as specified
in section 4996.23.2 of the Code.
5. The age limit pertaining to experience hours as specified in section 4996.23 of the Code.
(F) A supervisory plan that describes the goals and objectives of supervision and whereby the
supervisor affirms an understanding of the responsibilities pertaining to monitoring and
evaluating the supervisee as specified in section 1870 and in section 4996.20 of the Code.
This plan shall be developed collaboratively by the supervisor and supervisee.
(d) Supervisees shall maintain a weekly log of all hours of experience gained toward licensure. The
log shall be signed by the supervisor on a weekly basis. The supervisee shall retain the signed
logs until such time as the supervisee is licensed by the board. The board shall have the right to
require an applicant for licensure to submit all or such portions of the logs as it deems necessary
to verify hours of experience. The log shall include all of the following:
(1) The name and address of the supervisee’s work setting
(2) Hours of experience gained per category as listed in sections 4996.23(d)(2), 4996.23(d)(3),
and 4996.23.1(b) of the Code per week.
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(3) Total hours gained per week and in each category overall.
(e) Completed hours of experience shall be documented at the completion or termination of
supervision. Such documentation shall be submitted to the board by the supervisee upon
application for licensure and shall include all of the following:
(1) The supervisor’s telephone number and license information.
(2) The supervisee’s employer’s name, address, and telephone number.
(3) Whether the supervisee’s work setting complies with section 4996.23.2 of the Code.
(4) Documentation of employment or volunteer status, as specified in section 4996.23.2 of the
Code.
(5) The applicant’s accumulated hours of experience broken down by category as specified in
subsection (d)(2).
(6) The amount and type of supervision provided to the applicant.
(7) The dates during which the experience was gained.
(8) The supervisor’s signature under penalty of perjury.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4996.18, 4996.20, 4996.23, 4996.23.1, 4996.23.2 and
4996.23.3, Business and Professions Code.
§ 1869.3. PLACEMENT BY TEMPORARY STAFFING AGENCIES.
(a) A “temporary staffing agency” is defined as an agency that locates positions for individuals
seeking temporary work and fills vacancies for agencies seeking individuals to perform work on a
temporary basis.
(b) A “contracting agency” is defined as an agency where a supervisee has been placed by a
temporary staffing agency.
(c) The following provisions apply to a supervisee who has been placed by a temporary staffing
agency:
(1) The supervisee shall only perform mental health and related services at the places where the
contracting agency permits business to be conducted.
(2) The written oversight agreement required by section 1869 shall be between the contracting
agency and the supervisor when the supervisor is not an employee of the contracting agency
or is a volunteer. In cases where the supervisor is an employee of the contracting agency, no
written agreement shall be required.
(d) A supervisee who has been placed by a temporary staffing agency is subject to 4996.23.2(a) of
the Code regardless of whether a supervisee is employed by the temporary agency or the
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contracting agency.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4996.23.2 and 4996.23.3, Business and Professions Code.
§ 1870. REQUIREMENTS FOR SUPERVISORS.
(a) Any person supervising an associate or an applicant for associate registration as described in
sections 4996.23(a) and (b) of the Code (hereinafter called "supervisor") within California shall
comply with the requirements set forth below.
(1) The supervisor possesses and maintains a current and active California license as specified in
section 4996.20(a) of the Code and meets all other qualifications specified in section
4996.20(a) of the Code.
(2) A supervisor who is not a licensed clinical social worker shall have sufficient experience,
training, and education in clinical social work to competently practice clinical social work in
California.
(3) The supervisor shall be competent in the areas of clinical practice and techniques being
supervised and shall keep informed of developments in clinical social work and in California law
governing the practice of clinical social work.
(4) The supervisor shall self-monitor for and address supervision dynamics such as, but not limited
to, countertransference-, intrapsychic-, interpersonal-, or trauma related issues that may affect
supervision.
(5) The supervisor immediately notify the supervisee of any disciplinary action, including
revocation, suspension (even if stayed), probation terms, inactive license, or any lapse in
licensure, that affects the supervisor's ability or right to practice or supervise.
(6) A supervisor who is a licensed educational psychologist shall only supervise the provision of
educationally related mental health services consistent with the scope of practice of an
educational psychologist.
(7) The supervisor has had sufficient experience, training, and education in the area of clinical
supervision to competently supervise associates. Persons licensed by the board who provide
supervision shall complete the minimum supervision training or coursework specified in section
1871.
(8) The supervisor knows and understands the laws and regulations pertaining to both supervision
of associates and the experience required for licensure as a clinical social worker.
(9) The supervisor shall monitor and evaluate the extent, kind, and quality of counseling performed
by the supervisee as specified in section 4996.20(b) of the Code.
(10) The supervisor shall complete an assessment of the ongoing strengths and limitations of the
supervisee at least once a year and at the completion or termination of supervision. The
supervisor shall provide the supervisee with a copy of all assessments.
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(11) The supervisor shall establish written procedures for supervisees to contact the supervisor, or,
in the supervisor’s absence, procedures for contacting an alternative on-call supervisor to
assist supervisees in handling crises and emergencies. The supervisor shall provide these
procedures to the supervisee prior to the commencement of supervision.
(b) A supervisor shall give at least one (1) week's written notice to a supervisee of the supervisor's
intent not to sign for any further hours of experience for such person. A supervisor who has not
provided such notice shall sign for hours of experience obtained in good faith where such
supervisor actually provided the required supervision.
(c) The supervisor shall obtain from each supervisee for whom supervision will be provided the name,
address, and telephone number of the supervisee’s most recent supervisor and employer.
(d) A supervisor shall complete and sign under penalty of perjury a self-assessment report and submit
it to the board as described in this subsection:
(1) The supervisor self-assessment report shall include all of the following:
(A) The licensee’s qualifications to be a supervisor as specified in this section and in section
4996.20 of the Code.
(B) The supervisor’s telephone number. The telephone number shall be considered
confidential and not subject to public disclosure.
(C) The supervisor’s email address, if the supervisor has an email address. The email address
shall be considered confidential and not subject to public disclosure.
(D) The date the licensee initially began supervising, and for licensees who have previously
served as a board-qualified supervisor but have not supervised for the past two (2) years,
the date the licensee resumed supervising.
(E) The date the supervisor completed the training or coursework required by section 1871,
and the length of the course(s) taken.
(F) The supervisor affirms an understanding of all of the following:
1. The supervisor’s license must meet the supervisor qualifications set forth in this section
and in section 4996.20 of the Code, for a supervisee’s experience hours to be credited
toward licensure.
2. The supervisee notification requirement set forth in subsection (a)(5) of this section.
3. The requirements set forth in section 4996.23.3 of the Code pertaining to the maximum
number of supervisees.
4. The board’s right to audit records pertaining to supervisor qualifications in accordance
with section 4996.21 of the Code.
5. The requirement to complete a supervision agreement for each supervisee as specified
in section 1869.
(2) The supervisor self-assessment report shall be submitted to the board as follows:
(A) A licensee who is supervising one or more associates as of January 1, 2022 shall submit a
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self-assessment report to the board, which shall be received by January 1, 2023.
(B) Licensees not supervising an associate as of January 1, 2022 shall submit a self-
assessment report to the board, which shall be received within 60 days of the
commencement of supervision.
(e) Upon written request of the board, the supervisor shall provide to the board any documentation
which verifies the supervisor’s compliance with the requirements set forth in this section.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4989.14, 4996.18, 4996.20, 4996.23, 4996.23.1, 4996.23.2
and 4996.23.3, Business and Professions Code.
§ 1870.3. SUBSTITUTE SUPERVISORS.
(a) When it becomes necessary for a supervisee to obtain supervision temporarily from a substitute
supervisor, the substitute supervisor shall meet all supervisor qualifications required by the Code
and in this article.
(b) The substitute supervisor and the supervisee shall sign the supervision agreement required by
section 1869, the substitute supervisor and supervisee’s employer shall sign a written oversight
agreement if required by section 1869, and the substitute supervisor shall sign the weekly log
specified in section 1869.
(c) If the substitute supervisor will be supervising for 30 consecutive calendar days or less:
(1) A new supervisory plan as specified in section 1869(c)(3)(F) is not required. The substitute
supervisor shall follow the supervisee’s pre-existing supervisory plan.
(2) The experience gained during this period may be verified as specified in section 1869(e) by the
regular supervisor.
(d) If the substitute supervisor will be supervising for more than 30 consecutive calendar days, a new
supervisory plan shall be required, and the substitute supervisor shall verify the supervisee’s
experience gained during that time.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4996.20 and 4996.23.3, Business and Professions Code.
§ 1870.5. SUPERVISION OF EXPERIENCE GAINED OUTSIDE OF CALIFORNIA.
(a) Experience gained outside of California must have been supervised in accordance with the
following criteria:
(1) At the time of supervision, the supervisor was licensed or certified by the state or jurisdiction in
which the supervision occurred, and possessed a current and active license or certification that
was not under suspension or probation.
(2) The supervisor must have been licensed or certified by that state or jurisdiction for at least two
(2) of the past five (5) years immediately prior to acting as a supervisor, as either a
psychologist, clinical social worker, physician certified in psychiatry by the American Board of
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Psychiatry and Neurology, professional clinical counselor, marriage and family therapist or
similarly titled marriage and family practitioner, or other equivalent license or certification that
allows the practitioner to independently provide clinical mental health services.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4996.17.2 and 4996.20, Business and Professions Code.
§ 1871. SUPERVISOR TRAINING AND COURSEWORK.
Persons licensed by the board who provide supervision shall complete, at a minimum, supervision
training or coursework as follows:
(a) Except as provided in subsection (d), licensees who commence supervision for the first time in
California shall obtain fifteen (15) hours in supervision training or coursework obtained from a
government agency or from a continuing education provider specified as acceptable by the board
in Article 8. If taken from an acceptable continuing education provider, the training or coursework
may apply towards the continuing education requirements set forth in sections 4980.54, 4989.34,
4996.22, and 4999.76 of the Code.
(1) The training or coursework content shall include, but not be limited to, current best practices
and current industry standards, which include legal requirements, professional codes of ethics,
and research focused on supervision regarding the following:
(A) Competencies necessary for new supervisors;
(B) Goal setting and evaluation;
(C) The supervisor-supervisee relationship;
(D) California law and ethics, including legal and ethical issues related to supervision;
(E) Cultural variables, including, but not limited to, race, gender, social class, and religious
beliefs;
(F) Contextual variables, such as treatment modality, work settings, and use of technology;
(G) Supervision theories and literature; and
(H) Documentation and record keeping of the supervisee’s client files, as well as
documentation of supervision.
(2) If taken from a government agency or from an acceptable continuing education provider, the
training or coursework shall have been taken within two (2) years prior to commencing
supervision, or within 60 days after commencing supervision.
(3) If taken at a master’s or higher level from an accredited or approved postsecondary institution
as defined in section 4996.18(b)(3) of the Code, the training or coursework shall have been
taken within four (4) years prior to commencing supervision, or within 60 days after
commencing supervision.
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(b) Except as provided in subsection (d), a licensee who previously served as a board-qualified
supervisor but has not supervised for the past two (2) years shall take six (6) hours of supervision
training or coursework within 60 days of resuming supervision.
(c) Except as provided in subsection (d), supervisors shall complete a minimum of six (6) hours of
continuing professional development in supervision during each subsequent renewal period while
providing supervision. This shall consist of one or more of the following activities, for which
records of completion shall be maintained as specified in section 4996.21 of the Code:
(1) Training or coursework specific to the topic of supervision, obtained from a government agency
or from an acceptable continuing education provider. If taken from an acceptable continuing
education provider, it may apply towards the continuing education requirements set forth in
sections 4980.54, 4989.34, 4996.22, and 4999.76 of the Code.
(2) Teaching a supervision course described in subsection (c)(1).
(3) Authoring research directly focused on supervision that has been published professionally.
This may include, but is not limited to, quantitative or qualitative research, literature reviews,
peer reviewed journals or books, monographs, or other industry or academic published work.
This shall not include personal opinion papers, editorials, or blogs.
(4) Collaboration with another licensee who also serves as a board-qualified supervisor through
the use of mentoring or consultation. Documentation of attendance shall consist of a log
signed by both parties.
(5) Attendance at supervisor peer discussion groups with other licensees who also serve as
board-qualified supervisors. Documentation of attendance shall consist of a letter or certificate
from the group leader or facilitator.
(d)(1) In lieu of subsections (a), (b), and (c), the board shall accept a valid and active approved
supervisor certification from one of the following entities:
(A) The American Association for Marriage and Family Therapy (AAMFT)
(B) The American Board of Examiners in Clinical Social Work (ABECSW)
(C) The California Association of Marriage and Family Therapists (CAMFT)
(D) The Center for Credentialing and Education (CCE)
(2) The board shall accept an approved supervisor certification from another entity if the licensee
can demonstrate that the certification requirements of that entity meet or exceed those of any
one of the entities specified in subsection (d)(1).
(e) The board shall not deny hours of experience gained towards licensure due to the supervisor’s
failure to complete the training, coursework, or continuing professional development requirements
in this section.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Section 4996.20, Business and Professions Code.
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§ 1877.1. REQUIRED EXAMINATIONS.
(a) The written examinations shall test for minimum acceptable competency to practice clinical social
work without causing harm to the public health, safety or welfare, and shall consist of the
following:
(1) A California law and ethics examination designed to assess the applicant’s knowledge of and
ability to apply legal and ethical standards relating to the practice of clinical social work.
(2) A clinical examination designed to assess an applicant’s knowledge of psychosocial principles
and methods in treatment and their application, and the ability to make judgments about
appropriate techniques, methods and objectives as applicable to the clinical social worker
scope of practice.
(b) The clinical examination as described in subsection (a)(2) shall be the Association of Social Work
Boards Clinical Examination.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4992.1, 4992.05, 4992.07 and 4992.09, Business and
Professions Code.
§ 1877.2. ELIGIBILITY FOR LAW AND ETHICS EXAMINATION.
Notwithstanding any other provision of law, eligibility to take the California law and ethics examination
requires an applicant to, at minimum, meet one of the following:
(a) The applicant holds a current, delinquent or cancelled associate registration, submits a request
and pays the fee to take the examination.
(1) When a registrant who holds a current or delinquent registration takes the examination and
does not pass during his or her one-year renewal cycle, the registrant shall complete a 12-hour
course on California law and ethics as specified in section 4992.09(e) of the Code, in order to
be eligible to take the examination during the next renewal cycle.
(b) The applicant currently has an approved application for licensure.
Note: Authority cited: Section 4990.20(a), Business and Professions Code. Reference: Sections 4992.05, 4992.07, 4992.09, 4992.1 and 4996.28,
Business and Professions Code.
§ 1877.3. TIME FRAMES - LAW & ETHICS EXAMINATION.
(a) An applicant for licensure shall take the California law and ethics examination during the following
time frames in accordance with section 1806:
(1) Within one year from the date the applicant was notified of initial eligibility to take the
examination.
(2) Within one year from the date the applicant was notified of failing the examination.
(b) Registrants shall take the California law and ethics examination during the following time frames:
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(1) A registrant whose associate registration is issued on or after January 1, 2016 shall take the
examination prior to the registration's first expiration date, and shall continue to take the
examination a minimum of once during each renewal cycle until passed.
(2) A registrant whose associate registration was issued prior to January 1, 2016, shall take the
examination a minimum of once during each renewal cycle until passed.
(3) Should a registrant fail to take the examination as specified in (1) or (2) above, he or she will
not be permitted to renew his or her registration until the examination has been taken, except
during the grace period specified in section 4992.09(c) of the Code.
(4) Registrants who are eligible to retake the California law and ethics examination may do so
after the required waiting period upon submission of the following:
(A) A request to take the examination including the required fee.
(B) If required, proof of completion of the 12-hour California law and ethics course as
described in section 4992.09(e) of the Code.
(c) A registrant who has an approved application for licensure shall be subject to subdivisions (a)
and (b).
Note: Authority cited: Section 4990.20(a), Business and Professions Code. Reference: Sections 4992.05, 4992.07, 4992.09, 4992.1, 4996.4 and
4996.28, Business and Professions Code.
§ 1880. UNLICENSED ASSISTANTS.
An unlicensed person employed under Section 4996.15 of the Code to perform limited social work
functions shall inform each patient or client prior to performing any such functions that he or she is not a
licensed clinical social worker and is under the supervision of a licensed clinical social worker, marriage
and family therapist, licensed professional clinical counselor, or a licensed psychologist or a licensed
psychiatrist, whichever is applicable.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Section 4996.15, Business and Professions Code.
§ 1881. UNPROFESSIONAL CONDUCT.
As used in Section 4992.3 of the code, unprofessional conduct includes, but is not limited to:
(a) Misrepresents the type or status of license held by such person or otherwise misrepresents or
permits the misrepresentation of his or her professional qualifications or affiliations.
(b) Impersonates a licensee or who allows another person to use his or her license.
(c) Aids or abets an unlicensed person to engage in conduct requiring a license.
(d) Intentionally or recklessly causes physical or emotional harm to a client.
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(e) Commits any dishonest, corrupt, or fraudulent act which is substantially related to the qualifications,
functions or duties of a licensee.
(f) Has sexual relations with a client, or who solicits sexual relations with a client, or who commits an
act of sexual abuse, or who commits an act of sexual misconduct, or who commits an act
punishable as a sexual related crime if such act or solicitation is substantially related to the
qualifications, functions or duties of a Licensed Clinical Social Worker.
(g) Performs or holds himself or herself out as able to perform professional services beyond his or her
field or fields of competence as established by his or her education, training and/or experience.
(h) Permits a person under his or her supervision or control to perform or permits such person to hold
himself or herself out as competent to perform professional services beyond the level of education,
training and/or experience of that person.
(i) Fails to maintain the confidentiality, except as otherwise required or permitted by law, of all
information that has been received from a client during the course of treatment and all information
about the client which is obtained from tests or other such means.
(j) Prior to the commencement of treatment, fails to disclose to the client, or prospective client, the fee
to be charged for the professional services, or the basis upon which such fee will be computed.
(k) Advertises in a manner which is false or misleading.
(l) Reproduces or describes in public or in publications subject to general public distribution, any
psychological test or other assessment device, the value of which depends in whole or in part on the
naivete of the subject, in ways that might invalidate such test or device. The licensee shall limit
access to such test or device to persons with professional interest who are expected to safeguard
their use.
(m) Commits an act or omission which falls sufficiently below that standard of conduct of the profession
as to constitute an act of gross negligence.
(n) Pays, accepts or solicits any consideration, compensation or remuneration for the referral of
professional clients. All consideration, compensation or remuneration must be in relation to
professional counseling services actually provided by the licensee. Nothing in this section shall
prevent collaboration among two or more licensees in a case or cases. However, no fee shall be
charged for such collaboration except when disclosure of such fee is made in compliance with
subparagraph (j) above.
(o) Fails to comply with the child abuse reporting requirements of Penal Code Section 11166.
(p) Fails to comply with the elder and dependent adult abuse reporting requirements of Welfare and
Institution Code Section 15630.
(q) Failure to provide to the board, as authorized by law, copies of records within 15 days of receipt of
the request or within the time specified in the request, whichever is later, unless the licensee or
registrant is unable to provide the records within this time period for good cause. Good cause
includes, but is not limited to, physical inability to access the records in the time allowed due to
illness or travel, or inability to obtain the necessary patient release authorization, if applicable. This
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subsection shall not apply to a licensee or registrant who does not have access to, and control over,
medical records.
(r) Failure to cooperate and participate in any board investigation pending against the licensee or
registrant. This subsection shall not be construed to deprive a licensee, registrant, or a consumer of
any rights or privilege guaranteed by the Fifth Amendment to the Constitution of the United States,
or any other constitutional or statutory rights or privileges. This subsection shall not be construed to
require a licensee or registrant to cooperate with a request that would require the licensee,
registrant, or a consumer to waive any constitutional or statutory rights or privilege or to comply with
a request for information or other matters within an unreasonable period of time in light of the time
constraints of the licensee’s or registrant’s practice. Any exercise by a licensee or registrant of any
constitutional or statutory rights or privilege shall not be used against the licensee or registrant in a
regulatory or disciplinary proceeding against the licensee or registrant.
(s) Failure to report to the board within 30 days any of the following:
(1) A conviction of any felony or misdemeanor, which is not subject to Health & Safety Code
sections 11357 (b), (c), (d), (e), or 11360 (b). A conviction includes any verdict of guilty, or plea
of guilty or no contest.
(2) Any disciplinary action taken by another licensing entity or authority of this state or of another
state or an agency of the federal government or the United States military.
(t) Failure to provide, within 30 days of a request, documentation to the Board regarding the arrest of
the licensee or registrant, except for records of convictions or arrests protected under Penal Code
section 1000.4, or Health and Safety Code sections 11361.5 and 11361.7.
(u) Failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating
the release of records to the board.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 4990.20, 4992.3, 4992.33 and 4996.11, Business and
Professions Code; Sections 1000.4 and 11166, Penal Code; Sections 11357, 11360, 11361.5 and 11361.7, Health and Safety Code; and Section 15630,
Welfare and Institutions Code.
ARTICLE 7. CITATIONS AND FINES
§ 1886. AUTHORITY TO ISSUE CITATIONS AND FINES.
The executive officer of the board is authorized to determine when and against whom a citation will
be issued and to issue citations containing orders of abatement and fines for violations by a licensed
marriage and family therapist (LMFT), licensed educational psychologist (LEP), licensed clinical
social worker (LCSW), licensed professional clinical counselor (LPCC), associate marriage and family
therapist, associate clinical social worker, or associate professional clinical counselor of the statutes
and regulations enforced by the Board of Behavioral Sciences.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148 and 149,
Business and Professions Code.
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§ 1886.10. CITATIONS FOR UNLICENSED PRACTICE.
The executive officer of the board is authorized to determine when and against whom a citation will
be issued and to issue citations containing orders of abatement and fines against persons, as defined
in Section 302(d) of the Code, who are performing or who have performed services for which a
license is required under the statutes and regulations enforced by the Board of Behavioral Sciences.
Each citation issued for unlicensed activity shall contain an order of abatement. Where appropriate,
the executive officer shall levy a fine for such unlicensed activity in accordance with section 1886.40
of these regulations. The provisions of sections 1886 through 1886.80 shall apply to the issuance of
citations for unlicensed activity under this section. The sanction authorized under this section shall be
separate from and in addition to any other civil or criminal remedies.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148, 149 and
302(d), Business and Professions Code.
§ 1886.20. CITATION FORMAT.
A citation shall be issued whenever any fine is levied or any order of abatement is issued. Each
citation shall be in writing and shall describe with particularity the nature and facts of each violation,
including a reference to the statute(s) or regulation(s) alleged to have been violated. The citation shall
inform the cited person of the right to contest the citation. The citation shall be served upon the cited
person personally or by certified mail in accordance with the provisions of Section 11505(c) of the
Government Code.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148 and 149,
Business and Professions Code.
§ 1886.30. CITATION FACTORS.
In assessing an administrative fine or issuing an order of abatement, the executive officer of the
board shall give due consideration to the following factors:
(a) The gravity of the violation.
(b) The good or bad faith exhibited by the cited person.
(c) The history of previous violations of the same or similar nature.
(d) Evidence that the violation was or was not willful.
(e) The extent to which the cited person has cooperated with the board's investigation.
(f) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury
caused by the violation.
(g) Any other factors as justice may require.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148 and 149,
Business and Professions Code.
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§ 1886.40. AMOUNT OF FINES.
(a) For purposes of this section, a “citable offense” is defined as any violation of the statutes and
regulations enforced by the Board of Behavioral Sciences, including Chapters 13, 13.5, 14, and 16
of Division Two of the Business and Professions Code and Title 16, Division 18, California Code of
Regulations.
(b) The executive officer of the board may assess fines for citable offenses which shall not exceed two
thousand five hundred dollars ($2,500) for each investigation except as otherwise provided in this
section. The executive officer shall not impose any duplicate fines for the same violation.
(c) The executive officer of the board may assess fines for citable offenses which shall not exceed five
thousand ($5,000) for each investigation if the violation or count includes one or more of the
following circumstances:
(1) The cited person has a history of two or more prior citations for similar violations, except for
citations withdrawn or dismissed after appeal.
(2) The citation involves multiple violations that demonstrate a willful disregard of the statutes or
regulations.
(3) The citation is for a violation or violations involving a minor, elder or dependent adult, or a person
with a physical or mental disability as defined in Section 12926 of the Government Code.
(4) The citation involves unlicensed practice.
(5) The citation involves an unlawful or unauthorized breach of confidentiality.
(6) The citation is for failure to submit fingerprints to the Department of Justice as required by the
Board.
(d) The executive officer of the board may assess fines which shall not exceed five thousand dollars
($5,000) for each violation or count if the violation or count involves fraudulent billing submitted to an
insurance company, the Medi-Cal program, or Medicare.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60, and 4990.20, Business and Professions Code. Reference: Sections 123, 125, 125.9, 136, 141,
148, 149, 480, 651, 654.2, 703, 728, 4980, 4980.02, 4980.30, 4980.43, 4980.44, 4980.45, 4980.46, 4980.48, 4982, 4982.25, 4984, 4987.7, 4987.8,
4988, 4988.1, 4989.10, 4989.12, 4989.14, 4989.20, 4989.22, 4989.24, 4989.26, 4989.28, 4989.34, 4992.3, 4992.36, 4996, 4996.5, 4996.7, 4996.8,
4996.9, 4996.16, 4996.18, 4996.19, 4996.22, 4996.23, 4998.2, 4998.3, 4998.4, 4999.20, 4999.24, 4999.30, 4999.32, 4999.33, 4999.42, 4999.44,
4999.45, 4999.46, 4999.54, 4999.58, 4999.60, and 4999.76, Business and Professions Code; and Section 15630, Welfare and Institutions Code.
§ 1886.50. EXCEPTIONS.
A citation shall not be issued in any of the following circumstances:
(a) The violation is of such a nature and/or severity that revocation of the license or restrictions on the
cited person are necessary in order to ensure consumer protection.
(b) The cited person failed to comply with any requirement of any previous citation, including any
order of abatement or fine.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148 and 149,
Business and Professions Code.
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§ 1886.60. COMPLIANCE WITH CITATION/ORDER OF ABATEMENT.
(a) If a cited person who has been issued an order of abatement is unable to complete the correction
within the time set forth in the citation because of conditions beyond his or her control after the
exercise of reasonable diligence, the cited person may request an extension of time in which to
complete the correction from the executive officer of the board. Such a request shall be in writing
and shall be made within the time set forth for abatement.
(b) If a citation is not contested, or if the citation is contested and the cited person does not prevail,
failure to abate the violation or to pay the assessed fine within the time allowed shall constitute a
violation and a failure to comply with the citation or order of abatement.
(c) Failure to timely comply with an order of abatement or pay an assessed fine may result in
disciplinary action being taken by the board or other appropriate judicial action being taken against
the cited person.
(d) If a fine is not paid after a citation has become final, the fine shall be added to the cited person's
license or registration renewal fee. A license or registration shall not be renewed without payment
of the renewal fee and fine.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148 and 149,
Business and Professions Code; and Section 11505(c), Government Code.
§ 1886.70. CONTESTED CITATIONS AND REQUEST FOR A HEARING OR INFORMAL CITATION
CONFERENCE.
(a) If a cited person wishes to contest the citation, assessment of the administrative fine, or order of
abatement, the cited person shall, within thirty (30) days after service of the citation, file in writing
a request for an administrative hearing to the executive officer regarding the acts charged in the
citation, as provided for in subdivision (b)(4) of Section 125.9 of the Code.
(b) In addition to or instead of requesting an administrative hearing, as provided for in subdivision
(b)(4) of Section 125.9 of the Code, the cited person may, within 30 days after service of the
citation, contest the citation by submitting a written request for an informal citation conference to
the executive officer or his/her designee.
(c) Upon receipt of a written request for an informal citation conference, the executive officer or
his/her designee shall, within 60 days, hold an informal citation conference with the cited person.
The cited person may be accompanied and represented at the informal conference by an attorney
or other authorized representative.
(d) If an informal citation conference is held, the request for an administrative hearing shall be
deemed to be withdrawn and the executive officer or his/her designee may affirm, modify or
dismiss the citation, including any fine levied or order of abatement issued, at the conclusion of
the informal citation conference. If affirmed or modified, the citation originally issued shall be
considered withdrawn and an affirmed or modified citation, including reasons for the decision,
shall be issued. The affirmed or modified citation shall be mailed to the cited person and his/her
counsel, if any, within 10 days from the date of the informal citation conference.
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(e) If a cited person wishes to contest an affirmed or modified citation, the cited person shall, within
30 days after service of the citation, contest the affirmed or modified citation by submitting a
written request for an administrative hearing, as provided for in subdivision (b)(4) of Section 125.9
of the Code, to the executive officer or his or her designee. An informal citation conference shall
not be held on affirmed or modified citations.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148 and 149,
Business and Professions Code.
§ 1886.80. DISCONNECTION OF TELEPHONE SERVICE.
Nothing in this section shall preclude the board from using the provisions of Section 149 of the Code
in addition to any citation issued to an unlicensed person.
Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 125.9, 148 and 149,
Business and Professions Code.
ARTICLE 8. CONTINUING EDUCATION REQUIREMENTS FOR MARRIAGE AND FAMILY
THERAPISTS, LICENSED CLINICAL SOCIAL WORKERS, LICENSED EDUCATIONAL
PSYCHOLOGISTS, AND LICENSED PROFESSIONAL CLINICAL COUNSELORS
§ 1887. DEFINITIONS.
As used in this article:
(a) A continuing education "course" means a form of systematic learning at least one hour in length.
This may include, but is not limited to, academic studies, extension studies, lectures, conferences,
seminars, workshops, written, audio, or visual instruction or activities, including interactive video
instruction and activities electronically transmitted from another location, that have been verified
and approved by the continuing education provider.
(b) A “provider” means an organization, institution, association, university, or other person or entity
assuming full responsibility for the course offered.
(c) A “renewal period” means the two-year period that spans from the first day after the license’s prior
expiration date to the current license expiration date.
(d) An “approval agency” means an organization recognized by the board that evaluates and
approves providers of continuing education, ensures courses offered by its providers meet the
board’s continuing education requirements, and monitors the quality of each approved continuing
education course.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4989.34, 4996.22 and 4999.76,
Business and Professions Code.
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§ 1887.1. CONTINUING EDUCATION REQUIREMENTS AND LICENSE RENEWAL.
(a) Except as provided in section 1887.2, a licensee shall certify in writing, when applying for license
renewal, by signing a statement under penalty of perjury that during the preceding renewal period
the licensee has completed thirty-six (36) hours of continuing education credit as set forth in
sections 4980.54, 4989.34, 4996.22, and 4999.76 of the Code.
(b) A licensee who falsifies or makes a material misrepresentation of fact when applying for license
renewal or who cannot verify completion of continuing education by producing a record of course
completion, upon request by the board, is subject to disciplinary action under sections 4982(b),
4989.54 (b), 4992.3(b), and 4999.90(b) of the Code.
(c) Individuals who hold dual licensure with the board may apply the same continuing education
course to both licenses if the subject matter of the course relates to each license’s scope of
practice.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4982, 4989.34, 4989.54, 4992.3,
4996.22, 4999.76 and 4999.90, Business and Professions Code.
§ 1887.2. TEMPORARY WAIVERS OF AND EXEMPTIONS FROM CONTINUING EDUCATION
REQUIREMENTS.
(a) A licensee is exempt from the continuing education requirement if their license is inactive pursuant
to sections 4984.8, 4989.44, 4997, or 4999.112 of the Code, or retired pursuant to section
4984.41, 4989.45, 4997.1, or 4999.113 of the Code.
(b) A licensee may submit a written request for a temporary waiver from the continuing education
requirement for the licensee’s current renewal period, for any of the reasons listed in subsection
(c) below. The request shall be on a form entitled “Request for Temporary Continuing Education
(CE) Waiver – Licensee Application,” Form No. 37A-635 (Revised 08/2022), hereby incorporated
by reference. The request must be submitted to the board in writing at least sixty (60) days prior to
the license expiration date.
(c) The board shall grant a temporary waiver of continuing education if the licensee can provide
evidence, as specified in subsections (d) and (e) below, that one of the following occurred:
(1) For at least one year during the licensee's current license renewal period, the licensee had a
physical or mental disability or medical condition that did both of the following:
(A) Substantially limited one or more life activities as verified by the documentation required in
subsection (d), and
(B) Caused the licensee’s earned income, whether earned as an employee, independent
contractor, or while self-employed, to drop below the substantial gainful activity amount for
non-blind individuals during that year, as set forth by the Social Security Administration per
section 404.1574(b)(2) of the Social Security Act.
(2) For at least one year during the licensee's current license renewal period, the licensee was the
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primary caregiver for an immediate family member, including a domestic partner, who had a
total physical or mental disability. A “total physical or mental disability” means that the family
member is both unable to work and unable to perform activities of daily living without
substantial assistance, such as eating, bathing, dressing, housework, shopping, or meal
preparation.
(d) The licensee’s or immediate family member’s physical or mental disability or medical condition
must be verified by a licensed physician or psychologist with expertise in the area of the physical
or mental disability or medical condition. Verification of the physical or mental disability or medical
condition must be submitted by the licensee on a form entitled “Request for Temporary Continuing
Education (CE) Waiver – Verification of Disability or Medical Condition,” Form No. 37A-636
(Revised 08/2022), hereby incorporated by reference. Form No. 37A-636 must include an
attached copy of the family member’s written authorization for release of their protected health
information for the limited purpose of the licensee’s request for a temporary waiver of continuing
education when the licensee is the family member’s primary caregiver.
(e) A licensee shall provide proof of all income earned from work activity during the one-year period of
the licensee’s disability. If the licensee did not earn any work income, the licensee shall provide
proof of receiving disability payments, or provide other evidence demonstrating that the licensee
did not earn any income from work activity.
(f) The board will notify the licensee whether or not the waiver is granted within thirty (30) days after
the request is received. If the request for waiver is denied, the licensee is responsible for
completing the full amount of continuing education required for license renewal, if renewing in an
active status. If the request for waiver is approved, it shall be valid for the current renewal period
only.
(g) Licensees granted a temporary waiver shall not be exempt from completing the six (6) hours of
continuing education in law and ethics required by section 1887.3.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4984.8, 4984.41, 4989.34,
4989.44, 4989.45, 4996.22, 4997, 4997.1, 4999.76, 4999.112 and 4999.113, Business and Professions Code; and Sections 12926 and 12944,
Government Code.
§ 1887.3. CONTINUING EDUCATION COURSE REQUIREMENTS AND CREDIT FOR SPECIFIED
ACTIVITIES.
(a) During each renewal period, a licensee shall accrue at least thirty-six (36) hours of continuing
education coursework as defined in section 1887.4.0.
(b) A marriage and family therapist, clinical social worker, and professional clinical counselor licensee
shall take a continuing education course in the characteristics and methods of assessment and
treatment of people living with human immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS) during their first renewal period after the effective date of these
regulations. The course shall be at least seven (7) hours in length and its content shall comply
with the requirements of section 32 of the Code. This is a one-time requirement for all licensees.
Equivalent HIV and AIDS courses taken prior to the effective date of these regulations, or proof of
equivalent teaching or practice experience, may be submitted to the board for approval in lieu of
this requirement; however, this coursework or experience shall not be credited as hours towards
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the continuing education requirements.
(c) Any person renewing a license shall complete a minimum of six (6) hours of continuing education
in the subject of law and ethics for each renewal period. The six (6) hours shall be considered part
of the thirty-six (36) hour continuing education requirement. A course on law and ethics completed
by a supervisor in order to fulfill the supervisor training requirement pursuant to Article 3, 4 or 6
shall not be accepted toward meeting the minimum six (6) hours of law and ethics training but
shall count toward the 36-hour continuing education requirement.
(d) A licensee may not claim the same course more than once per license type during a single
renewal period for hours of continuing education credit.
(e) If a licensee teaches a course provided by a board-accepted provider, the licensee may claim
credit for the course, receiving the same amount of hours of continuing education credit as a
licensee who attended the course. The licensee may only claim the course one time during a
single renewal period. A maximum of 18 hours of continuing education may be met by teaching
courses during a single renewal period.
(f) A licensee who takes a course as a condition of probation resulting from disciplinary action by the
board may not apply the course as credit towards the continuing education requirement.
(g) A licensee who attends a Board of Behavioral Sciences enforcement case review training shall be
credited with up to six (6) hours of continuing education in the renewal cycle during which the case
review training was attended. The continuing education hours earned by attending a board
enforcement case review training may only be used to satisfy the law and ethics portion of the
continuing education requirement.
(h) A licensee who acts as a Board of Behavioral Sciences subject matter expert (SME) for an
enforcement case review shall be credited with six (6) hours of continuing education in the
renewal cycle during which the enforcement case review was performed. The continuing
education hours earned by acting as a board enforcement case SME may only be used to satisfy
the law and ethics portion of the continuing education requirement.
(i) A licensee who participates in a Board of Behavioral Sciences examination development
workshop shall be credited with six (6) hours of continuing education in the renewal cycle during
which the examination development workshop was attended. The continuing education hours
earned by participating in a board examination development workshop may only be used to satisfy
the law and ethics portion of the continuing education requirement.
(j) A licensee who completes a Board of Behavioral Sciences occupational analysis survey in full
shall be credited with six (6) hours of continuing education for the renewal cycle during which the
survey was completed.
(k) A licensee who participates in a mental health professional organization’s law and ethics review
committee shall be credited with up to six (6) hours of continuing education in the renewal cycle
during which the participation occurred. The continuing education earned by participating in a
professional organization’s law and ethics review committee may only be used to satisfy the law
and ethics portion of the continuing education requirement.
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(l) Documentation of completion for the activities specified in subsections (g) through (j) shall consist
of a letter or certificate issued by the board. For subsection (k), documentation of completion shall
consist of a letter or certificate from the professional organization. Licensees shall maintain
records of completed activities for a minimum of two years and shall make these records available
to the board for auditing purposes upon request.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 29, 32, 4980.54, 4989.34, 4996.22 and
4999.76, Business and Professions Code.
§ 1887.4.0. CONTINUING EDUCATION COURSE CONTENT.
(a) Courses shall meet the requirements set forth in sections 4980.54, 4989.34, 4996.22, and
4999.76 of the Code.
(b) The content of the course shall:
(1) Be relevant to the profession’s scope of practice;
(2) Be supported by evidence-based practice;
(3) Be consistent with the profession’s current standards of care;
(4) Be consistent with the profession’s ethical, legal, statutory, and regulatory standards; and,
(5) Do one or both of the following:
(A) Demonstrate credibility through support from mental health practices, current educational
standards, and current research; or
(B) Be directly related to the profession’s ethical, legal, statutory or regulatory standards.
(c) Each continuing education course shall have both of the following:
(1) A syllabus that contains a general outline of the main points for each topic, one or more
educational goals, and specific learning objectives that are measurable and serve as a basis
for an evaluation of the effectiveness of the course; and,
(2) A mechanism that allows each participant to evaluate the continuing education course.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4989.34, 4996.22 and 4999.76,
Business and Professions Code.
§ 1887.4.1. BOARD-RECOGNIZED APPROVAL AGENCIES.
(a) The following are board-recognized approval agencies:
(1) American Psychological Association (APA)
(2) Association of Social Work Boards (ASWB)
(3) California Association of Marriage and Family Therapists (CAMFT)
(4) California Psychological Association (CPA)
(5) National Association of School Psychologists (NASP)
(6) National Association of Social Workers (NASW)
(7) National Board of Certified Counselors (NBCC)
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(b) The board may recognize another entity as an approval agency if the entity can demonstrate in
writing the following:
(1) The entity is an organization that represents a licensed health care profession.
(2) The entity has a documented Code of Ethics.
(3) The entity has documented procedures for maintaining a continuing education approval
program, including, but not limited to:
(A) Maintaining and managing records and data related to continuing education programs.
(B) Monitoring and approving continuing education providers and courses.
(4) The entity has policies to avoid a conflict of interest between any provider and approval
functions.
(5) The entity has the capacity to evaluate courses to ensure compliance with section 1887.4.0.
(c) Upon written confirmation from the board that the entity has been recognized, the entity may
advertise that it has been recognized by the board.
(d) Failure of the entity to substantially comply with the provisions as set forth in section 1887.4.2
shall constitute cause for revocation of recognition by the board.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4989.34, 4996.22 and 4999.76,
Business and Professions Code.
§ 1887.4.2. APPROVAL AGENCY RESPONSIBILITIES.
Each board-recognized approval agency shall:
(a) Evaluate each continuing education provider seeking approval in accordance with the
requirements of section 1887.4.3.
(b) Maintain a list of the names and addresses of persons responsible for the provider’s continuing
education program. The approval agency shall require that any change in the responsible person
shall be reported to the approval agency within 15 days of the effective date of the change.
(c) Provide the board with the name, address and responsible party of each provider upon request.
(d) Respond to complaints from the board, providers, or licensees concerning activities of any of its
approved providers or their courses.
(e) Conduct periodic reviews of courses offered by providers approved by the agency to determine
compliance with the agency’s requirements and requirements of the board and, upon request,
report the findings of such reviews to the board.
(f) Ensure that the continuing education coursework offered by its providers meets the continuing
education requirements of the board.
(g) Establish a procedure for reconsideration of its decision that a provider or a provider’s course
does not meet statutory or regulatory criteria.
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Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4989.34, 4996.22 and 4999.76,
Business and Professions Code.
§ 1887.4.3. ACCEPTABLE CONTINUING EDUCATION PROVIDERS AND RESPONSIBILITIES.
(a) A continuing education provider shall be one of the following:
(1) An accredited or approved postsecondary institution that meets the requirements set forth in
sections 4980.54(f)(1), 4989.34, 4996.22(d)(1), or 4999.76(d) of the Code;
(2) A board-recognized approval agency or a continuing education provider that has been
approved or registered by a board-recognized approval agency for continuing education; or
(3) A professional association that is recognized by the board as a continuing education provider.
The following professional associations are recognized by the board as continuing education
providers:
(A) American Association for Marriage and Family Therapy (AAMFT)
(B) American Counseling Association (ACA)
(C) California Association for Licensed Professional Clinical Counselors (CALPCC)
(D) California Association of Marriage and Family Therapists (CAMFT)
(E) California Association of School Psychologists (CASP)
(F) California Counseling Association (CCA)
(G) California Psychological Association (CPA)
(H) California Society for Clinical Social Work (CSCSW)
(I) National Association of Social Workers-California Chapter (NASW-CA)
(b) Each provider shall ensure that each continuing education course complies with the requirements
of section 1887.4.0.
(c) Each provider shall furnish each licensee a record of course completion as defined in section
1887.11.0.
(d) Each provider shall maintain records of completion of their continuing education courses for four
(4) years as defined in section 1887.12(b). Credit hours awarded shall be in compliance with
section 1887.5.
(e) Each provider shall have a methodology for determining the credit hours awarded for the
completion of continuing education courses.
(f) No provider shall discriminate against any individual or group with respect to any service, program
or activity on the basis of gender, race, creed, national origin, sexual orientation, religion, or age,
or other prohibited basis.
(g) No provider shall promote or advocate for a single modality of treatment that is discriminatory or
likely to harm clients based upon current accepted standards of practice.
(h) Each provider must be able to demonstrate that their programs train licensees to treat any client
in an ethical and clinically sound manner consistent with the code of ethics of their accrediting
agency, approval agency, or professional association.
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(i) Each provider must have written policies and procedures for grievance resolution and must
respond to grievances from course attendees, regulatory boards, or their governing accreditation
agency in a timely manner.
(j) When a provider works with another party on the development, distribution, and/or presentation of
a continuing education course (joint sponsorship), there shall be procedures to identify and
document the functions of each participating party.
(k) Each provider is responsible for meeting all applicable local, state and federal standards, including
the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213 (2008).
(l) Each provider shall submit all documents related to an audit of course material to the approval
agency or the board upon written request.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4989.34, 4996.22 and 4999.76,
Business and Professions Code.
§ 1887.5. HOURS OF CONTINUING EDUCATION CREDIT.
(a) One hour of instruction is equal to one hour of continuing education credit.
(b) One academic quarter unit is equal to ten (10) hours of continuing education credit.
(c) One academic semester unit is equal to fifteen (15) hours of continuing education credit.
Note: Authority Cited: Sections 4980.60, 4989.34, 4990.20, and 4999.76, Business and Professions Code. Reference: Sections 4980.54, 4989.34,
4996.22, and 4999.76, Business and Professions Code.
§ 1887.11.0. RECORDS OF COURSE COMPLETION.
Upon completion of a course, a provider shall issue a record of course completion to a licensee (e.g.,
letter verifying attendance, certificate, grade slip, transcript) containing the following information:
(a) Name of licensee and license number or other identification number;
(b) Course title;
(c) Provider name and address;
(d) Board-recognized approval agency name, or a statement that the provider is an entity recognized
by the board to provide continuing education pursuant to section 1887.4.3;
(e) Date of course;
(f) Number of hours of continuing education credit; and
(g) Signature of course instructor, provider, or provider designee.
Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4989.34, 4996.22 and 4999.76,
Business and Professions Code.
§ 1887.12. LICENSEE AND PROVIDER COURSE RECORDS.
(a) A licensee shall maintain records of course completion for a period of at least two (2) years from
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the date of license renewal for which the course was completed.
(b) A provider shall maintain records related to continuing education courses for a period of at least
four (4) years. Records shall include:
(1) syllabi for all courses;
(2) the time and location of all courses;
(3) course advertisements;
(4) course instructors’ vitae or resumes;
(5) attendance rosters with the names and license numbers of licensees who attended the
courses;
(6) sign-in sheets; and
(7) records of course completion issued to licensees who attended the courses.
(c) The board may audit the course records of a provider to ensure compliance with the board’s
continuing education requirements.
Note: Authority cited: Sections 4980.60, 4989.34, 4990.20 and 4999.76, Business and Professions Code. Reference: Sections 4980.54, 4989.34,
4996.22 and 4999.76, Business and Professions Code.
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ARTICLE 9. DISCIPLINARY GUIDELINES
§ 1888. UNIFORM STANDARDS RELATED TO SUBSTANCE ABUSE AND DISCIPLINARY
GUIDELINES
(a) In reaching a decision on a disciplinary action under the Administrative Procedure Act
(Government Code Section 11400 et seq.), the Board of Behavioral Sciences shall consider the
“Uniform Standards Related to Substance Abuse and Disciplinary Guidelines” [Rev. December
2020] which are hereby incorporated by reference. The Disciplinary Guidelines apply to all
disciplinary matters; the Uniform Standards Related to Substance Abuse apply to cases of
substance abuse. Deviation from the Disciplinary Guidelines, including the standard terms of
probation, is appropriate where the Board in its sole discretion determines that the facts of the
particular case warrant such a deviation – for example: the presence of mitigating or aggravating
factors; the age of the case; evidentiary problems.
(b) Notwithstanding subsection (a), if the conduct found to be a violation involves drugs and/or
alcohol, the violation is a substance abuse violation for purposes of Section 315 of the Code. If
the licensee or registrant does not rebut that the violation is a substance abuse violation, then the
Uniform Standards Related to Substance Abuse shall apply without deviation.
(c) Nothing in this section shall prohibit the Board from imposing additional terms or conditions of
probation in any order that the Board determines would provide greater public protection.
Note: Authority cited: Sections 315, 315.2, 315.4, 4980.60 and 4990.20, Business and Professions Code; and Section 11400.20, Government Code.
Reference: Sections 315, 315.2, 315.4, 480, 4982, 4989.54, 4992.3, and 4999.90, Business and Professions Code; and Sections 11400.20 and
11425.50(e), Government Code.
§ 1888.1. REQUIRED ACTIONS AGAINST REGISTERED SEX OFFENDERS
(a) Except as otherwise provided by law, if an individual is required to register as a sex offender
pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory, or
military or federal law, the board shall:
(1) Deny an application by the individual for licensure and registration, in accordance with the
procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, if the crime meets the conditions for denial specified in
Section 480 of the Business and Professions Code.
(2) Revoke the license or registration of the individual, in accordance with the procedures set
forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall not stay the revocation nor place the license or registration on
probation.
(3) Deny any petition to reinstate or reissue the individual’s license or registration.
(b) This section shall not apply to any of the following:
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(1) An individual who has been relieved under Section 290.5 of the Penal Code of his or her duty
to register as a sex offender, or whose duty to register has otherwise been formally
terminated under California law or the law of the jurisdiction that required registration.
(2) An individual who is required to register as a sex offender pursuant to Section 290 of the
Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal
Code, provided, however, that nothing in this paragraph shall prohibit the board from
exercising its discretion to deny or discipline a license or registration under any other
provision of state law based upon the licensee’s or registrant’s conviction under Section 314
of the Penal Code.
(3) Any administrative proceeding that is fully adjudicated prior to the effective date of this
regulation. A petition for reinstatement of a revoked or surrendered license or registration
shall be considered a new proceeding for purposes of this paragraph, and the prohibition in
subsection (a) against reinstating a license or registration shall govern.
Note: Authority cited: Section 4990.20, Business and Professions Code. Reference: Sections 480, 4980.40, 4989.24, 4990.30, 4996.2, 4999.42, and
4999.51, Business and Professions Code.
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MISCELLANEOUS CALIFORNIA CODE SECTIONS
The following sections of law are NOT provided in this handbook, but may also apply: Business and
Professions Code Sections 7.5, 23.7, 23.8, 29.5, 30, 31, 114, 119, 121, 121.5, 123, 123.5, 125,
125.3, 125.5, 125.6, 125.7, 125.8, 134, 135.5, 140, 141, 149, 166, 475, 476, 477, 478, 480, 481, 482,
484, 485, 486, 487, 490, 490.5, 491, 492, 493, 494, 495, 496, 498, 499, 650, 650.4, 651, 652, 654.3,
683, 685, 700, 701, 702, 703, 704, 726, 728, 729, 810, 820, 821, 822, 823, 17500, 17500.1, 17500.5,
17535, 17535.5, and 17536. Code sections may be found at the California Legislative Information
website.
BUSINESS AND PROFESSIONS CODE
§ 25. TRAINING IN HUMAN SEXUALITY
Any person applying for a license, registration, or the first renewal of a license, after the effective date
of this section, as a licensed marriage and family therapist, a licensed clinical social worker, a
licensed psychologist, or a licensed professional clinical counselor shall, in addition to any other
requirements, show by evidence satisfactory to the agency regulating the business or profession, that
they have completed training in human sexuality as a condition of licensure. The training shall be
creditable toward continuing education requirements as deemed appropriate by the agency regulating
the business or profession, and the course shall not exceed more than 50 contact hours.
The Board of Psychology shall exempt from the requirements of this section any persons whose field
of practice is such that they are not likely to have use for this training.
“Human sexuality” as used in this section means the study of a human being as a sexual being and
how a human being functions with respect thereto.
The content and length of the training shall be determined by the administrative agency regulating the
business or profession and the agency shall proceed immediately upon the effective date of this
section to determine what training, and the quality of staff to provide the training, is available and shall
report its determination to the Legislature on or before July 1, 1977.
If a licensing board or agency proposes to establish a training program in human sexuality, the board
or agency shall first consult with other licensing boards or agencies that have established or propose
to establish a training program in human sexuality to ensure that the programs are compatible in
scope and content.
§ 27. PUBLIC INFORMATION
(a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information
regarding the status of every license issued by that entity in accordance with the California Public
Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code)
and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8
of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall
include information on suspensions and revocations of licenses issued by the entity and other
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related enforcement action, including accusations filed pursuant to the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code) taken by the entity relative to persons, businesses, or facilities subject to
licensure or regulation by the entity. The information may not include personal information,
including home telephone number, date of birth, or social security number. Each entity shall
disclose a licensee’s address of record. However, each entity shall allow a licensee to provide a
post office box number or other alternate address, instead of the licensee’s home address, as the
address of record. This section shall not preclude an entity from also requiring a licensee, who has
provided a post office box number or other alternative mailing address as the licensee’s address
of record, to provide a physical business address or residence address only for the entity’s internal
administrative use and not for disclosure as the licensee’s address of record or disclosure on the
internet.
(b) In providing information on the internet, each entity specified in subdivisions (c) and (d) shall
comply with the Department of Consumer Affairs’ guidelines for access to public records.
(c) Each of the following entities within the Department of Consumer Affairs shall comply with the
requirements of this section:
(1) The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose
information on its registrants and licensees.
(2) The Bureau of Automotive Repair shall disclose information on its licensees, including
automotive repair dealers, smog check stations, smog check inspectors and repair technicians,
and vehicle safety systems inspection stations and technicians.
(3) The Bureau of Household Goods and Services shall disclose information on its licensees,
registrants, and permitholders.
(4) The Cemetery and Funeral Bureau shall disclose information on its licensees, including
cemetery brokers, cemetery salespersons, cemetery managers, crematory managers,
cemetery authorities, crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.
(5) The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6) The Contractors State License Board shall disclose information on its licensees and registrants
in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to
information related to licenses as specified in subdivision (a), the board shall also disclose
information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the
Labor Code.
(7) The Bureau for Private Postsecondary Education shall disclose information on private
postsecondary institutions under its jurisdiction, including disclosure of notices to comply
issued pursuant to Section 94935 of the Education Code.
(8) The California Board of Accountancy shall disclose information on its licensees and
registrants.
(9) The California Architects Board shall disclose information on its licensees, including architects
and landscape architects.
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(10) The State Athletic Commission shall disclose information on its licensees and registrants.
(11) The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12) The Acupuncture Board shall disclose information on its licensees.
(13) The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14) The Dental Board of California shall disclose information on its licensees.
(15) The California State Board of Optometry shall disclose information on its licensees and
registrants.
(16) The Board of Psychology shall disclose information on its licensees, including psychologists
and registered psychological associates.
(17) The Veterinary Medical Board shall disclose information on its licensees, registrants, and
permitholders.
(d) The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e) The Structural Pest Control Board shall disclose information on its licensees, including applicators,
field representatives, and operators in the areas of fumigation, general pest and wood destroying
pests and organisms, and wood roof cleaning and treatment.
(f) “Internet” for the purposes of this section has the meaning set forth in paragraph (6) of subdivision
(f) of Section 17538.
§ 27.5. CONFIDENTIALITY OF FORMER NAME; ALLOWABLE CIRCUMSTANCES
(a) (1) Notwithstanding any other law, if a board within the Department of Consumer Affairs receives
government-issued documentation, as described in subdivision (b), from a licensee or
registrant demonstrating that the licensee’s or registrant’s legal name or gender has been
changed, the board, upon request by the licensee or registrant, shall update the individual’s
license or registration by replacing references to the former name or gender on the license or
registration, as applicable, with references to the current name or gender.
(2) (A) If the board operates an online license verification system, upon request by a licensee or
registrant whose name or gender was updated pursuant to paragraph (1), the board shall
replace references to the licensee’s or registrant’s former name or gender with the
individual’s current name or gender, as applicable, on the publicly viewable information
displayed on the internet about the licensee or registrant. The licensee’s or registrant’s
former name or gender, as applicable, shall not be published online.
(B) Notwithstanding any other law, for licensees or registrants subject to subparagraph (A) who
were previously subject to an enforcement action referencing the individual’s former name
or gender, as applicable, the board shall not post enforcement records online, but shall
instead post online a statement stating that the individual previously was subject to
enforcement action and directing the public to contact the board for more information about
the licensee’s or registrant’s prior enforcement action. The board shall ensure compliance
with the California Public Records Act (Division 10 (commencing with Section 7920.000) of
Title 1 of the Government Code) in implementing this section, including, but not limited to,
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responding to a request for records within 10 days from receipt of the request, as specified
in Section 7922.535 of the Government Code.
(C) If a public search of the online license verification system is performed using a licensee’s
or registrant’s former name that was replaced pursuant to subparagraph (A), the board
shall post an online statement directing the public to contact the board for more information
about the licensee or registrant.
(3) If requested by the licensee or registrant, the board shall reissue the license created by the
board and conferred upon the licensee or registrant by the board. A board shall not charge a
higher fee for reissuing a document with an updated legal name or gender than the fee it
regularly charges for reissuing a document with other updated information.
(b) (1) The documentation identified in either of the following is required to demonstrate a legal name
change of a licensee or registrant:
(A) A certified court order issued pursuant to a proceeding authorized by subdivision (b) of
Section 1277 of the Code of Civil Procedure and a copy of the certificate issued under the
Secretary of State’s Safe at Home program authorized by Chapter 3.1 (commencing with
Section 6205) of Division 7 of Title 1 of the Government Code reflecting the licensee’s or
registrant’s updated name.
(B) A certified court order issued pursuant to a proceeding authorized by Section 1277.5 of the
Code of Civil Procedure or Article 7 (commencing with Section 103425) of Chapter 11 of
Part 1 of Division 102 of the Health and Safety Code reflecting the licensee’s or registrant’s
updated name.
(2) Any of the following documents are sufficient to demonstrate a gender change of a licensee or
registrant:
(A) State-issued driver’s license or identification card.
(B) Birth certificate.
(C) Passport.
(D) Social security card.
(E) Court order indicating a gender change from a court of this state, another state, the District
of Columbia, any territory of the United States, or any foreign court.
(c) Notwithstanding any other law, all records related to a request by a licensee or registrant for a
board to update the individual’s license or registration pursuant to this section, including, but not
limited to, all documentation described in subdivision (b), are confidential and not subject to public
inspection or disclosure.
§ 28. TRAINING FOR CHILD, ELDER AND DEPENDENT ADULT ABUSE ASSESSMENT AND
REPORTING; LICENSING PREREQUISITES
(a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have
demonstrable contact with victims and potential victims of child, elder, and dependent adult abuse,
and abusers and potential abusers of children, elders, and dependent adults are provided with
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adequate and appropriate training regarding the assessment and reporting of child, elder, and
dependent adult abuse that will ameliorate, reduce, and eliminate the trauma of abuse and neglect
and ensure the reporting of abuse in a timely manner to prevent additional occurrences.
(b) The Board of Psychology and the Board of Behavioral Sciences shall establish required training in
the area of child abuse assessment and reporting for all persons applying for initial licensure and
renewal of a license as a psychologist, clinical social worker, professional clinical counselor, or
marriage and family therapist. This training shall be required one time only for all persons applying
for initial licensure or for licensure renewal.
(c) All persons applying for initial licensure or renewal of a license as a psychologist, clinical social
worker, professional clinical counselor, or marriage and family therapist shall, in addition to all
other requirements for licensure or renewal, have completed coursework or training in child abuse
assessment and reporting that meets the requirements of this section, including detailed
knowledge of the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The training shall meet all of the
following requirements:
(1) Be obtained from one of the following sources:
(A) An accredited or approved educational institution, as defined in Sections 2902, 4980.36,
4980.37, 4996.18, and 4999.12, including extension courses offered by those institutions.
(B) A continuing education provider as specified by the responsible board by regulation.
(C) A course sponsored or offered by a professional association or a local, county, or state
department of health or mental health for continuing education and approved or accepted
by the responsible board.
(2) Have a minimum of seven contact hours.
(3) Include the study of the assessment and method of reporting of sexual assault, neglect, severe
neglect, general neglect, willful cruelty or unjustifiable punishment, corporal punishment or
injury, and abuse in out-of-home care. The training shall also include physical and behavioral
indicators of abuse, crisis counseling techniques, community resources, rights and
responsibilities of reporting, consequences of failure to report, caring for a child’s needs after a
report is made, sensitivity to previously abused children and adults, and implications and
methods of treatment for children and adults.
(4) An applicant shall provide the appropriate board with documentation of completion of the
required child abuse training.
(d) The Board of Psychology and the Board of Behavioral Sciences shall exempt an applicant who
applies for an exemption from this section and who shows to the satisfaction of the board that
there would be no need for the training in the applicant’s practice because of the nature of that
practice.
(e) It is the intent of the Legislature that a person licensed as a psychologist, clinical social worker,
professional clinical counselor, or marriage and family therapist have minimal but appropriate
training in the areas of child, elder, and dependent adult abuse assessment and reporting. It is not
intended that, by solely complying with this section, a practitioner is fully trained in the subject of
treatment of child, elder, and dependent adult abuse victims and abusers.
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(f) The Board of Psychology and the Board of Behavioral Sciences are encouraged to include
coursework regarding the assessment and reporting of elder and dependent adult abuse in the
required training on aging and long-term care issues prior to licensure or license renewal.
§ 29. CHEMICAL DEPENDENCY AND EARLY INTERVENTION TRAINING; CONTINUING
EDUCATION REQUIREMENTS
(a) The Board of Psychology and the Board of Behavioral Sciences shall consider adoption of
continuing education requirements including training in the area of recognizing chemical
dependency and early intervention for all persons applying for renewal of a license as a
psychologist, clinical social worker, marriage and family therapist, or professional clinical
counselor.
(b) Prior to the adoption of any regulations imposing continuing education relating to alcohol and
other chemical dependency, the boards are urged to consider coursework to include, but not
necessarily be limited to, the following topics:
(1) Historical and contemporary perspectives on alcohol and other drug abuse.
(2) Extent of the alcohol and drug abuse epidemic and its effects on the individual, family, and
community.
(3) Recognizing the symptoms of alcoholism and drug addiction.
(4) Making appropriate interpretations, interventions, and referrals.
(5) Recognizing and intervening with affected family members.
(6) Learning about current programs of recovery, such as 12 step programs, and how therapists
can effectively utilize these programs.
§ 32. LEGISLATIVE FINDINGS; AIDS TRAINING IN CONTINUING EDUCATION REQUIREMENTS
FOR SPECIFIED LICENSES
(a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have
or intend to have significant contact with patients who have, or are at risk to be exposed to,
acquired immune deficiency syndrome (AIDS) are provided with training in the form of continuing
education regarding the characteristics and methods of assessment and treatment of the
condition.
(b) A board vested with the responsibility of regulating the following licensees shall consider including
training regarding the characteristics and method of assessment and treatment of acquired
immune deficiency syndrome (AIDS) in any continuing education or training requirements for
those licensees: chiropractors, medical laboratory technicians, dentists, dental hygienists, dental
assistants, physicians and surgeons, podiatrists, registered nurses, licensed vocational nurses,
psychologists, physician assistants, respiratory therapists, acupuncturists, marriage and family
therapists, licensed educational psychologists, clinical social workers, and professional clinical
counselors.
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§ 114. REINSTATEMENT OF EXPIRED LICENSE: ACTIVE DUTY MILITARY
(a) Notwithstanding any other provision of this code, any licensee or registrant of any board,
commission, or bureau within the department whose license expired while the licensee or
registrant was on active duty as a member of the California National Guard or the United States
Armed Forces, may, upon application, reinstate his or her license or registration without
examination or penalty, provided that all of the following requirements are satisfied:
(1) His or her license or registration was valid at the time he or she entered the California National
Guard or the United States Armed Forces.
(2) The application for reinstatement is made while serving in the California National Guard or the
United States Armed Forces, or not later than one year from the date of discharge from active
service or return to inactive military status.
(3) The application for reinstatement is accompanied by an affidavit showing the date of entrance
into the service, whether still in the service, or date of discharge, and the renewal fee for the
current renewal period in which the application is filed is paid.
(b) If application for reinstatement is filed more than one year after discharge or return to inactive
status, the applicant, in the discretion of the licensing agency, may be required to pass an
examination.
(c) If application for reinstatement is filed and the licensing agency determines that the applicant has
not actively engaged in the practice of his or her profession while on active duty, then the licensing
agency may require the applicant to pass an examination.
(d) Unless otherwise specifically provided in this code, any licensee or registrant who, either part time
or full time, practices in this state the profession or vocation for which he or she is licensed or
registered shall be required to maintain his or her license in good standing even though he or she
is in military service.
For the purposes in this section, time spent by a licensee in receiving treatment or hospitalization in
any veterans’ facility during which he or she is prevented from practicing his or her profession or
vocation shall be excluded from said period of one year.
§ 114.3. WAIVER OF RENEWAL REQUIREMENTS: ACTIVE DUTY MILITARY
(a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall
waive the renewal fees, continuing education requirements, and other renewal requirements as
determined by the board, if any are applicable, for a licensee or registrant called to active duty as
a member of the United States Armed Forces or the California National Guard if all of the following
requirements are met:
(1) The licensee or registrant possessed a current and valid license with the board at the time the
licensee or registrant was called to active duty.
(2) The renewal requirements are waived only for the period during which the licensee or
registrant is on active duty service.
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(3) Written documentation that substantiates the licensee or registrant’s active duty service is
provided to the board.
(b) For purposes of this section, the phrase “called to active duty” shall have the same meaning as
“active duty” as defined in Section 101 of Title 10 of the United States Code and shall additionally
include individuals who are on active duty in the California National Guard, whether due to
proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code
or due to a proclamation of a state extreme emergency or when the California National Guard is
otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.
(c) (1) Except as specified in paragraph (2), the licensee or registrant shall not engage in any
activities requiring a license during the period that the waivers provided by this section are in
effect.
(2) If the licensee or registrant will provide services for which the licensee or registrant is licensed
while on active duty, the board shall convert the license status to military active and no private
practice of any type shall be permitted.
(d) In order to engage in any activities for which the licensee or registrant is licensed once discharged
from active duty, the licensee or registrant shall meet all necessary renewal requirements as
determined by the board within six months from the licensee’s or registrant’s date of discharge
from active duty service.
(e) After a licensee or registrant receives notice of the licensee or registrant’s discharge date, the
licensee or registrant shall notify the board of their discharge from active duty within 60 days of
receiving their notice of discharge.
(f) A board may adopt regulations to carry out the provisions of this section.
(g) This section shall not apply to any board that has a similar license renewal waiver process
statutorily authorized for that board.
§ 114.5. MILITARY SERVICE; INQUIRY ON APPLICATIONS
(a) Each board shall inquire in every application for licensure if the individual applying for licensure is
serving in, or has previously served in, the military.
(b) If a board’s governing law authorizes veterans to apply military experience and training towards
licensure requirements, that board shall post information on the board’s Internet Web site about
the ability of veteran applicants to apply military experience and training towards licensure
requirements.
§ 115.10. RELOCATION DUE TO MILITARY ORDERS: MILITARY MEMBERS AND SPOUSES:
REGISTRATION TO PRACTICE
(a) For purposes of this section, the following definitions apply:
(1) “Applicant” means a servicemember or a spouse of a servicemember.
(2) “Board” means an entity described in Section 101.
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(3) “Professional license” means an individual professional license and does not include a
business or entity license.
(4) “Registering authority” means a board or the Department of Real Estate, as applicable.
(5) “Spouse” means an individual who is married to, or who is in a domestic partnership or other
legal union with, a military servicemember.
(b) Notwithstanding any other law, a registering authority shall register an applicant who satisfies all
of the following requirements:
(1) The applicant holds a professional license in good standing in another state, district, or territory
of the United States that confers on the applicant the authority to practice a profession or
vocation within a similar scope of practice as that regulated by the registering authority.
(2) The applicant relocated to this state because of military orders for military service within this
state and the applicant submits to the registering authority a copy of the military orders.
(3) The applicant performed at least one activity within the scope and under the authority of their
professional license during the two years immediately preceding the relocation to this state.
(4) For an applicant who is licensed within the same professional discipline in more than one
jurisdiction, both of the following:
(A) The applicant maintains each license in good standing.
(B) The applicant submits to the registering authority written verification from, or
documentation printed from an online licensing system for, each jurisdiction that the
applicant’s license is in good standing in the jurisdiction.
(5) The applicant submits to the registering authority written verification from, or documentation
printed from an online licensing system for, the applicant’s original licensing jurisdiction that the
applicant’s license is in good standing in that jurisdiction.
(6) For an applicant that is a spouse, the applicant submits evidence to the registering authority
that the applicant is married to, or in a domestic partnership or other legal union with, a
servicemember who is subject to military orders described in paragraph (2).
(7) The applicant submits to the registering authority their California address of record and an
affidavit attesting to both of the following:
(A) The applicant meets all of the requirements for registration under this section.
(B) The information submitted to the registering authority pursuant to this section is accurate to
the best of the applicant’s knowledge.
(c) (1) The registering authority shall register an applicant within 30 days of receiving all applicable
documentation described in subdivision (b).
(2) The registering authority shall not register an applicant who fails to provide all applicable
documentation described in subdivision (b) and shall deem the applicant’s request for
registration incomplete.
(d) For each person registered pursuant to this section, the registering authority shall post all of the
following on the registering authority’s internet website:
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(1) The person’s name.
(2) The person’s California address of record.
(3) The person’s registration status.
(4) The state name and license number of each license from each original licensing jurisdiction.
(e) A person registered pursuant to this section shall be deemed to be a licensee of the registering
authority for purposes of the laws administered by that registering authority relating to standards
of practice, discipline, and continuing education for the duration of the military orders described in
paragraph (2) of subdivision (b), and the registration shall expire when those military orders
expire.
(f) A registering authority may take appropriate enforcement action against a person registered
pursuant to this section, including, but not limited to, revoking or suspending the registration of a
person who does not meet the requirements of subdivision (b) or the laws applicable to licensees
pursuant to subdivision (e).
(g) A registering authority shall not collect or require a fee for registration pursuant to this section.
(h) A registering authority may develop and publish guidance to implement this section.
§ 115.4. EXPEDITED LICENSURE: SERVICE IN THE MILITARY
(a) Notwithstanding any other law, on and after July 1, 2016, a board within the department shall
expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory
evidence to the board that the applicant has served as an active duty member of the Armed
Forces of the United States and was honorably discharged.
(b) Notwithstanding any other law, on and after July 1, 2024, a board within the department shall
expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory
evidence to the board that the applicant is an active duty member of a regular component of the
Armed Forces of the United States enrolled in the United States Department of Defense
SkillBridge program as authorized under Section 1143(e) of Title 10 of the United States Code.
(c) A board may adopt regulations necessary to administer this section in accordance with the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
§ 115.5. EXPEDITED LICENSURE AND FEE WAIVER: SPOUSES OF ACTIVE MILITARY
MEMBERS
(a) A board within the department shall expedite the licensure process and waive the licensure
application fee and the initial or original license fee charged by the board for an applicant who
meets both of the following requirements:
(1) Supplies evidence satisfactory to the board that the applicant is married to, or in a domestic
partnership or other legal union with, an active duty member of the Armed Forces of the United
States who is assigned to a duty station in this state under official active duty military orders.
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(2) Holds a current license in another state, district, or territory of the United States in the
profession or vocation for which the applicant seeks a license from the board.
(b) A board may adopt regulations necessary to administer this section.
(c) This section shall become operative on July 1, 2022.
§ 115.6. TEMPORARY LICENSE: SPOUSES OF ACTIVE MILITARY MEMBERS
(a) (1) Except as provided in subdivision (j), a board within the department shall, after appropriate
investigation, issue a temporary license to practice a profession or vocation to an applicant
who meets the requirements set forth in subdivisions (c) and (d).
(2) Revenues from fees for temporary licenses issued by the California Board of Accountancy
shall be credited to the Accountancy Fund in accordance with Section 5132.
(b) The board may conduct an investigation of an applicant for purposes of denying or revoking a
temporary license issued pursuant to this section. This investigation may include a criminal
background check.
(c) An applicant seeking a temporary license pursuant to this section shall meet the following
requirements:
(1) The applicant shall supply evidence satisfactory to the board that the applicant is married to, or
in a domestic partnership or other legal union with, an active duty member of the Armed
Forces of the United States who is assigned to a duty station in this state under official active
duty military orders.
(2) The applicant shall hold a current, active, and unrestricted license that confers upon the
applicant the authority to practice, in another state, district, or territory of the United States, the
profession or vocation within the same scope for which the applicant seeks a temporary
license from the board.
(3) The applicant shall submit an application to the board that shall include a signed affidavit
attesting to the fact that the applicant meets all of the requirements for the temporary license,
and that the information submitted in the application is accurate, to the best of the applicant’s
knowledge. The application shall also include written verification from the applicant’s original
licensing jurisdiction stating that the applicant’s license is in good standing in that jurisdiction.
(4) The applicant shall not have committed an act in any jurisdiction that would have constituted
grounds for denial, suspension, or revocation of the license under this code at the time the act
was committed. A violation of this paragraph may be grounds for the denial or revocation of a
temporary license issued by the board.
(5) The applicant shall not have been disciplined by a licensing entity in another jurisdiction and
shall not be the subject of an unresolved complaint, review procedure, or disciplinary
proceeding conducted by a licensing entity in another jurisdiction.
(6) (A) The applicant shall, upon request by a board, furnish a full set of fingerprints for purposes
of conducting a criminal background check.
(B) The board shall request a fingerprint-based criminal history information check from the
Department of Justice in accordance with subdivision (u) of Section 11105 of the Penal
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Code and the Department of Justice shall furnish state or federal criminal history
information in accordance with subdivision (p) of Section 11105 of the Penal Code.
(d) The applicant shall pass a California law and ethics examination if otherwise required by the board
for the profession or vocation for which the applicant seeks licensure.
(e) Except as specified in subdivision (g), a board shall issue a temporary license pursuant to this
section within 30 days of receiving documentation that the applicant has met the requirements
specified in subdivisions (c) and (d) if the results of the criminal background check do not show
grounds for denial.
(f) (1) A temporary license issued pursuant to this section may be immediately terminated upon a
finding that the temporary licenseholder failed to meet any of the requirements described in
subdivision (c) or (d) or provided substantively inaccurate information that would affect the
person’s eligibility for temporary licensure. Upon termination of the temporary license, the board
shall issue a notice of termination that shall require the temporary licenseholder to immediately
cease the practice of the licensed profession upon receipt.
(2) Notwithstanding any other law, if, after notice and an opportunity to be heard, a board finds that
a temporary licenseholder engaged in unprofessional conduct or any other act that is a cause
for discipline by the board, the board shall revoke the temporary license.
(g) An applicant seeking a temporary license as a civil engineer, geotechnical engineer, structural
engineer, land surveyor, professional geologist, professional geophysicist, certified engineering
geologist, or certified hydrogeologist pursuant to this section shall successfully pass the
appropriate California-specific examination or examinations required for licensure in those
respective professions by the Board for Professional Engineers, Land Surveyors, and Geologists.
The board shall issue a temporary license pursuant to this subdivision within 30 days of receiving
documentation that the applicant has met the requirements specified in this subdivision and
subdivisions (c) and (d) if the results of the criminal background check do not show grounds for
denial.
(h) A temporary license issued pursuant to this section is nonrenewable and shall expire 12 months
after issuance, upon issuance or denial of a standard license, upon issuance or denial of a license
by endorsement, or upon issuance or denial of an expedited license pursuant to Section 115.5,
whichever occurs first.
(i) A board shall submit to the department for approval, if necessary to implement this section, draft
regulations necessary to administer this section. These regulations shall be adopted pursuant to
the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).
(j) (1) This section shall not apply to a board that has a process in place by which an out-of-state
licensed applicant in good standing who is married to, or in a domestic partnership or other
legal union with, an active duty member of the Armed Forces of the United States is able to
receive expedited, temporary authorization to practice while meeting state-specific
requirements for a period of at least one year or is able to receive an expedited license by
endorsement with no additional requirements superseding those described in subdivisions (c)
and (d).
(2) This section shall apply only to the extent that it does not amend an initiative or violate
constitutional requirements.
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(k) This section shall become operative on July 1, 2023.
§ 118. APPLICATION WITHDRAWAL OR LICENSE STATUS CHANGE: DENIAL OR
DISCIPLINARY ACTION
(a) The withdrawal of an application for a license after it has been filed with a board in the department
shall not, unless the board has consented in writing to such withdrawal, deprive the board of its
authority to institute or continue a proceeding against the applicant for the denial of the license
upon any ground provided by law or to enter an order denying the license upon any such ground.
(b) The suspension, expiration, or forfeiture by operation of law of a license issued by a board in the
department, or its suspension, forfeiture, or cancellation by order of the board or by order of a
court of law, or its surrender without the written consent of the board, shall not, during any period
in which it may be renewed, restored, reissued, or reinstated, deprive the board of its authority to
institute or continue a disciplinary proceeding against the licensee upon any ground provided by
law or to enter an order suspending or revoking the license or otherwise taking disciplinary action
against the licensee on any such ground.
(c) As used in this section, “board” includes an individual who is authorized by any provision of this
code to issue, suspend, or revoke a license, and “license” includes “certificate,” “registration,” and
“permit.“
§ 125.3. INVESTIGATIVE AND ENFORCEMENT COSTS; PAYMENT BY LICENSEE
(a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding
before any board within the department or before the Osteopathic Medical Board, upon request of
the entity bringing the proceeding, the administrative law judge may direct a licensee found to
have committed a violation or violations of the licensing act to pay a sum not to exceed the
reasonable costs of the investigation and enforcement of the case.
(b) In the case of a disciplined licensee that is a corporation or a partnership, the order may be made
against the licensed corporate entity or licensed partnership.
(c) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not
available, signed by the entity bringing the proceeding or its designated representative shall be
prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs
shall include the amount of investigative and enforcement costs up to the date of the hearing,
including, but not limited to, charges imposed by the Attorney General.
(d) The administrative law judge shall make a proposed finding of the amount of reasonable costs of
investigation and prosecution of the case when requested pursuant to subdivision (a). The finding
of the administrative law judge with regard to costs shall not be reviewable by the board to
increase the cost award. The board may reduce or eliminate the cost award, or remand to the
administrative law judge if the proposed decision fails to make a finding on costs requested
pursuant to subdivision (a).
(e) If an order for recovery of costs is made and timely payment is not made as directed in the board’s
decision, the board may enforce the order for repayment in any appropriate court. This right of
enforcement shall be in addition to any other rights the board may have as to any licensee to pay
costs.
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(f) In any action for recovery of costs, proof of the board’s decision shall be conclusive proof of the
validity of the order of payment and the terms for payment.
(g) (1) Except as provided in paragraph (2), the board shall not renew or reinstate the license of any
licensee who has failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or reinstate
for a maximum of one year the license of any licensee who demonstrates financial hardship
and who enters into a formal agreement with the board to reimburse the board within that one-
year period for the unpaid costs.
(h) All costs recovered under this section shall be considered a reimbursement for costs incurred and
shall be deposited in the fund of the board recovering the costs to be available upon appropriation
by the Legislature.
(i) Nothing in this section shall preclude a board from including the recovery of the costs of
investigation and enforcement of a case in any stipulated settlement.
(j) This section does not apply to any board if a specific statutory provision in that board’s licensing
act provides for recovery of costs in an administrative disciplinary proceeding.
§ 125.6. REFUSAL TO PERFORM LICENSED ACTIVITIES; DISCRIMINATION OR RESTRICTION IN
PERFORMANCE
(a) (1) With regard to an applicant, every person who holds a license under the provisions of this code
is subject to disciplinary action under the disciplinary provisions of this code applicable to that
person if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of
the Civil Code, the person refuses to perform the licensed activity or aids or incites the refusal
to perform that licensed activity by another licensee, or if, because of any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person makes any
discrimination, or restriction in the performance of the licensed activity.
(2) Nothing in this section shall be interpreted to prevent a physician or health care professional
licensed pursuant to Division 2 (commencing with Section 500) from considering any of the
characteristics of a patient listed in subdivision (b) or (e) of Section 51 of the Civil Code if that
consideration is medically necessary and for the sole purpose of determining the appropriate
diagnosis or treatment of the patient.
(3) Nothing in this section shall be interpreted to apply to discrimination by employers with regard
to employees or prospective employees, nor shall this section authorize action against any
club license issued pursuant to Article 4 (commencing with Section 23425) of Chapter 3 of
Division 9 because of discriminatory membership policy.
(4) The presence of architectural barriers to an individual with physical disabilities that conform to
applicable state or local building codes and regulations shall not constitute discrimination
under this section.
(b) (1) Nothing in this section requires a person licensed pursuant to Division 2 (commencing with
Section 500) to permit an individual to participate in, or benefit from, the licensed activity of the
licensee where that individual poses a direct threat to the health or safety of others. For this
purpose, the term “direct threat” means a significant risk to the health or safety of others that
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cannot be eliminated by a modification of policies, practices, or procedures or by the provision
of auxiliary aids and services.
(2) Nothing in this section requires a person licensed pursuant to Division 2 (commencing with
Section 500) to perform a licensed activity for which the person is not qualified to perform.
(c) (1) “Applicant,” as used in this section, means a person applying for licensed services provided by
a person licensed under this code.
(2) “License,” as used in this section, includes “certificate,” “permit,” “authority,” and “registration”
or any other indicia giving authorization to engage in a business or profession regulated by this
code.
§ 125.9. ISSUANCE OF CITATIONS; FINES AND ORDERS OF ABATEMENT
(a) Except with respect to persons regulated under Chapter 11 (commencing with Section 7500), any
board, bureau, or commission within the department, the State Board of Chiropractic Examiners,
and the Osteopathic Medical Board of California, may establish, by regulation, a system for the
issuance to a licensee of a citation which may contain an order of abatement or an order to pay an
administrative fine assessed by the board, bureau, or commission where the licensee is in
violation of the applicable licensing act or any regulation adopted pursuant thereto.
(b) The system shall contain the following provisions:
(1) Citations shall be in writing and shall describe with particularity the nature of the violation,
including specific reference to the provision of law determined to have been violated.
(2) Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable
time for abatement of the violation.
(3) In no event shall the administrative fine assessed by the board, bureau, or commission exceed
five thousand dollars ($5,000) for each inspection or each investigation made with respect to
the violation, or five thousand dollars ($5,000) for each violation or count if the violation
involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or
Medicare. In assessing a fine, the board, bureau, or commission shall give due consideration
to the appropriateness of the amount of the fine with respect to factors such as the gravity of
the violation, the good faith of the licensee, and the history of previous violations.
(4) A citation or fine assessment issued pursuant to a citation shall inform the licensee that if the
licensee desires a hearing to contest the finding of a violation, that hearing shall be requested
by written notice to the board, bureau, or commission within 30 days of the date of issuance of
the citation or assessment. If a hearing is not requested pursuant to this section, payment of
any fine shall not constitute an admission of the violation charged. Hearings shall be held
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(5) Failure of a licensee to pay a fine or comply with an order of abatement, or both, within 30
days of the date of assessment or order, unless the citation is being appealed, may result in
disciplinary action being taken by the board, bureau, or commission. Where a citation is not
contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee
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for renewal of the license. A license shall not be renewed without payment of the renewal fee
and fine.
(c) The system may contain the following provisions:
(1) A citation may be issued without the assessment of an administrative fine.
(2) Assessment of administrative fines may be limited to only particular violations of the applicable
licensing act.
(d) Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the
finding of a violation, payment of the fine and compliance with the order of abatement, if
applicable, shall be represented as satisfactory resolution of the matter for purposes of public
disclosure.
(e) Administrative fines collected pursuant to this section shall be deposited in the special fund of the
particular board, bureau, or commission.
§ 129. HANDLING OF COMPLAINTS; CHILD CUSTODY EVALUATIONS
(a) As used in this section, “board” means every board, bureau, commission, committee, and similarly
constituted agency in the department that issues licenses.
(b) Each board shall, upon receipt of any complaint respecting an individual licensed by the board,
notify the complainant of the initial administrative action taken on the complainant’s complaint
within 10 days of receipt. Each board shall notify the complainant of the final action taken on the
complainant’s complaint. There shall be a notification made in every case in which the
complainant is known. If the complaint is not within the jurisdiction of the board or if the board is
unable to dispose satisfactorily of the complaint, the board shall transmit the complaint together
with any evidence or information it has concerning the complaint to the agency, public or private,
whose authority in the opinion of the board will provide the most effective means to secure the
relief sought. The board shall notify the complainant of this action and of any other means that
may be available to the complainant to secure relief.
(c) The board shall, when the board deems it appropriate, notify the person against whom the
complaint is made of the nature of the complaint, may request appropriate relief for the
complainant, and may meet and confer with the complainant and the licensee in order to mediate
the complaint. Nothing in this subdivision shall be construed as authorizing or requiring any board
to set or to modify any fee charged by a licensee.
(d) It shall be the continuing duty of the board to ascertain patterns of complaints and to report on all
actions taken with respect to those patterns of complaints to the director and to the Legislature at
least once per year. The board shall evaluate those complaints dismissed for lack of jurisdiction or
no violation and recommend to the director and to the Legislature at least once per year the
statutory changes it deems necessary to implement the board’s functions and responsibilities
under this section.
(e) It shall be the continuing duty of the board to take whatever action it deems necessary, with the
approval of the director, to inform the public of its functions under this section.
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(f) Notwithstanding any other law, upon receipt of a child custody evaluation report submitted to a
court pursuant to Chapter 6 (commencing with Section 3110) of Part 2 of Division 8 of the Family
Code, the board shall notify the noncomplaining party in the underlying custody dispute, who is a
subject of that report, of the pending investigation.
§135.4 EXPEDITED LICENSURE: ASYLUM OR SPECIAL IMMIGRANT VISA
(a) Notwithstanding any other law, a board within the department shall expedite, and may assist, the
initial licensure process for an applicant who supplies satisfactory evidence to the board that they
have been admitted to the United States as a refugee under Section 1157 of Title 8 of the United
States Code, have been granted asylum by the Secretary of Homeland Security or the Attorney
General of the United States pursuant to Section 1158 of Title 8 of the United States Code, or they
have a special immigrant visa (SIV) that has been granted a status under Section 1244 of Public
Law 110-181, under Public Law 109-163, or under Section 602(b) of Title VI of Division F of Public
Law 111-8.
(b) Nothing in this section shall be construed as changing existing licensure requirements. A person
applying for expedited licensure under subdivision (a) shall meet all applicable statutory and
regulatory licensure requirements.
(c) A board may adopt regulations necessary to administer this section.
§ 143.5. CIVIL DISPUTE SETTLEMENTS; PROHIBITED PROVISIONS
(a) No licensee who is regulated by a board, bureau, or program within the Department of Consumer
Affairs, nor an entity or person acting as an authorized agent of a licensee, shall include or permit
to be included a provision in an agreement to settle a civil dispute, whether the agreement is
made before or after the commencement of a civil action, that prohibits the other party in that
dispute from contacting, filing a complaint with, or cooperating with the department, board, bureau,
or program within the Department of Consumer Affairs that regulates the licensee or that requires
the other party to withdraw a complaint from the department, board, bureau, or program within the
Department of Consumer Affairs that regulates the licensee. A provision of that nature is void as
against public policy, and any licensee who includes or permits to be included a provision of that
nature in a settlement agreement is subject to disciplinary action by the board, bureau, or
program.
(b) Any board, bureau, or program within the Department of Consumer Affairs that takes disciplinary
action against a licensee or licensees based on a complaint or report that has also been the
subject of a civil action and that has been settled for monetary damages providing for full and final
satisfaction of the parties may not require its licensee or licensees to pay any additional sums to
the benefit of any plaintiff in the civil action.
(c) As used in this section, “board” shall have the same meaning as defined in Section 22, and
“licensee” means a person who has been granted a license, as that term is defined in Section
23.7.
(d) Notwithstanding any other law, upon granting a petition filed by a licensee or authorized agent of a
licensee pursuant to Section 11340.6 of the Government Code, a board, bureau, or program
within the Department of Consumer Affairs may, based upon evidence and legal authorities cited
in the petition, adopt a regulation that does both of the following:
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(1) Identifies a code section or jury instruction in a civil cause of action that has no relevance to
the board’s, bureau’s, or program’s enforcement responsibilities such that an agreement to
settle such a cause of action based on that code section or jury instruction otherwise prohibited
under subdivision (a) will not impair the board’s, bureau’s, or program’s duty to protect the
public.
(2) Exempts agreements to settle such a cause of action from the requirements of subdivision (a).
(e) This section shall not apply to a licensee subject to Section 2220.7.
§ 144.5. BOARD RECIEPT OF CERTIFIED RECORDS FOR INVESTIGATION
Notwithstanding any other law, a board described in Section 144 may request, and is authorized to
receive, from a local or state agency certified records of all arrests and convictions, certified records
regarding probation, and any and all other related documentation needed to complete an applicant or
licensee investigation. A local or state agency may provide those records to the board upon request.
§ 315.2. CEASE PRACTICE ORDERS; POSITIVE TEST FOR PROHIBITED SUBSTANCE
(a) A board, as described in Section 315, shall order a licensee of the board to cease practice if the
licensee tests positive for any substance that is prohibited under the terms of the licensee’s
probation or diversion program.
(b) An order to cease practice under this section shall not be governed by the provisions of Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) A cease practice order under this section shall not constitute disciplinary action.
(d) This section shall have no effect on the Board of Registered Nursing pursuant to Article 3.1
(commencing with Section 2770) of Chapter 6 of Division 2.
§ 315.4. CEASE PRACTICE ORDERS; BOARD AUTHORITY
(a) A board, as described in Section 315, may adopt regulations authorizing the board to order a
licensee on probation or in a diversion program to cease practice for major violations and when
the board orders a licensee to undergo a clinical diagnostic evaluation pursuant to the uniform and
specific standards adopted and authorized under Section 315.
(b) An order to cease practice under this section shall not be governed by the provisions of Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) A cease practice order under this section shall not constitute disciplinary action.
(d) This section shall have no effect on the Board of Registered Nursing pursuant to Article 3.1
(commencing with Section 2770) of Chapter 6 of Division 2.
§ 337. INFORMATIONAL BROCHURE FOR VICTIMS OF PSYCHOTHERAPIST - CLIENT SEXUAL
BEHAVIOR AND SEXUAL CONTACT; CONTENTS
(a) The Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and
the Osteopathic Medical Board of California shall prepare and disseminate an informational
brochure for victims of psychotherapist-client sexual behavior and sexual contact and their
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advocates. This brochure shall be developed by the Board of Behavioral Sciences, the Board of
Psychology, the Medical Board of California, and the Osteopathic Medical Board of California.
(b) The brochure shall include, but is not limited to, the following:
(1) A legal and an informal definition of psychotherapist-client sexual behavior and sexual contact.
(2) A brief description of common personal reactions.
(3) A client’s bill of rights.
(4) Instructions for reporting psychotherapist-client sexual behavior and sexual contact.
(5) A full description of administrative complaint procedures.
(6) Information that other civil and criminal remedies may also be available to them in regards to
the incident.
(7) A description of services available for support of victims.
(c) The brochure shall be provided to each individual contacting the Board of Behavioral Sciences,
the Board of Psychology, the Medical Board of California, or the Osteopathic Medical Board of
California regarding a complaint involving psychotherapist-client sexual behavior and sexual
contact.
(d) The brochure shall be made available on the Internet Web sites of the Board of Behavioral
Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical
Board of California.
§ 464. ESTABLISHMENT OF A RETIRED LICENSE; INVESTIGATION OF PERSONS WITH
LICENSES THAT ARE INACTIVE OR RESTRICTED
(a) Any of the boards within the department may establish, by regulation, a system for a retired
category of licensure for persons who are not actively engaged in the practice of their profession
or vocation.
(b) The regulation shall contain the following:
(1) A retired license shall be issued to a person with either an active license or an inactive license
that was not placed on inactive status for disciplinary reasons.
(2) The holder of a retired license issued pursuant to this section shall not engage in any activity
for which a license is required, unless the board, by regulation, specifies the criteria for a
retired licensee to practice his or her profession or vocation.
(3) The holder of a retired license shall not be required to renew that license.
(4) The board shall establish an appropriate application fee for a retired license to cover the
reasonable regulatory cost of issuing a retired license.
(5) In order for the holder of a retired license issued pursuant to this section to restore his or her
license to an active status, the holder of that license shall meet all the following:
(A) Pay a fee established by statute or regulation.
(B) Certify, in a manner satisfactory to the board, that he or she has not committed an act or
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crime constituting grounds for denial of licensure.
(C) Comply with the fingerprint submission requirements established by regulation.
(D) If the board requires completion of continuing education for renewal of an active license,
complete continuing education equivalent to that required for renewal of an active license,
unless a different requirement is specified by the board.
(E) Complete any other requirements as specified by the board by regulation.
(c) A board may upon its own determination, and shall upon receipt of a complaint from any person,
investigate the actions of any licensee, including a person with a license that either restricts or
prohibits the practice of that person in his or her profession or vocation, including, but not limited
to, a license that is retired, inactive, canceled, revoked, or suspended.
(d) Subdivisions (a) and (b) shall not apply to a board that has other statutory authority to establish a
retired license.
§ 480. GROUNDS FOR DENIAL OF LICENSURE
(a) Notwithstanding any other provision of this code, a board may deny a license regulated by this
code on the grounds that the applicant has been convicted of a crime or has been subject to
formal discipline only if either of the following conditions are met:
(1) The applicant has been convicted of a crime within the preceding seven years from the date of
application that is substantially related to the qualifications, functions, or duties of the business
or profession for which the application is made, regardless of whether the applicant was
incarcerated for that crime, or the applicant has been convicted of a crime that is substantially
related to the qualifications, functions, or duties of the business or profession for which the
application is made and for which the applicant is presently incarcerated or for which the
applicant was released from incarceration within the preceding seven years from the date of
application. However, the preceding seven-year limitation shall not apply in either of the
following situations:
(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal
Code or a crime for which registration is required pursuant to paragraph (2) or (3) of
subdivision (d) of Section 290 of the Penal Code.
(B) The applicant was convicted of a financial crime currently classified as a felony that is
directly and adversely related to the fiduciary qualifications, functions, or duties of the
business or profession for which the application is made, pursuant to regulations adopted
by the board, and for which the applicant is seeking licensure under any of the following:
(i) Chapter 6 (commencing with Section 6500) of Division 3.
(ii) Chapter 9 (commencing with Section 7000) of Division 3.
(iii) Chapter 11.3 (commencing with Section 7512) of Division 3.
(iv) Licensure as a funeral director or cemetery manager under Chapter 12 (commencing
with Section 7600) of Division 3.
(v) Division 4 (commencing with Section 10000).
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(2) The applicant has been subjected to formal discipline by a licensing board in or outside
California within the preceding seven years from the date of application based on professional
misconduct that would have been cause for discipline before the board for which the present
application is made and that is substantially related to the qualifications, functions, or duties of
the business or profession for which the present application is made. However, prior
disciplinary action by a licensing board within the preceding seven years shall not be the basis
for denial of a license if the basis for that disciplinary action was a conviction that has been
dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal
Code or a comparable dismissal or expungement. Formal discipline that occurred earlier than
seven years preceding the date of application may be grounds for denial of a license only if the
formal discipline was for conduct that, if committed in this state by a physician and surgeon
licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2, would have
constituted an act of sexual abuse, misconduct, or relations with a patient pursuant to Section
726 or sexual exploitation as defined in subdivision (a) of Section 729.
(b) Notwithstanding any other provision of this code, a person shall not be denied a license on the
basis that the person has been convicted of a crime, or on the basis of acts underlying a
conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, has been granted
clemency or a pardon by a state or federal executive, or has made a showing of rehabilitation
pursuant to Section 482.
(c) Notwithstanding any other provision of this code, a person shall not be denied a license on the
basis of any conviction, or on the basis of the acts underlying the conviction, that has been
dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal
Code, or a comparable dismissal or expungement. An applicant who has a conviction that has
been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code shall
provide proof of the dismissal if it is not reflected on the report furnished by the Department of
Justice.
(d) Notwithstanding any other provision of this code, a board shall not deny a license on the basis of
an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in
an infraction, citation, or a juvenile adjudication.
(e) A board may deny a license regulated by this code on the ground that the applicant knowingly
made a false statement of fact that is required to be revealed in the application for the license. A
board shall not deny a license based solely on an applicant’s failure to disclose a fact that would
not have been cause for denial of the license had it been disclosed.
(f) A board shall follow the following procedures in requesting or acting on an applicant’s criminal
history information:
(1) A board issuing a license pursuant to Chapter 3 (commencing with Section 5500), Chapter 3.5
(commencing with Section 5615), Chapter 10 (commencing with Section 7301), Chapter 20
(commencing with Section 9800), or Chapter 20.3 (commencing with Section 9880), of Division
3, or Chapter 3 (commencing with Section 19000) or Chapter 3.1 (commencing with Section
19225) of Division 8 may require applicants for licensure under those chapters to disclose
criminal conviction history on an application for licensure.
(2) Except as provided in paragraph (1), a board shall not require an applicant for licensure to
disclose any information or documentation regarding the applicant’s criminal history. However,
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a board may request mitigating information from an applicant regarding the applicant’s criminal
history for purposes of determining substantial relation or demonstrating evidence of
rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the
applicant’s decision not to disclose any information shall not be a factor in a board’s decision to
grant or deny an application for licensure.
(3) If a board decides to deny an application for licensure based solely or in part on the applicant’s
conviction history, the board shall notify the applicant in writing of all of the following:
(A) The denial or disqualification of licensure.
(B) Any existing procedure the board has for the applicant to challenge the decision or to
request reconsideration.
(C) That the applicant has the right to appeal the board’s decision.
(D) The processes for the applicant to request a copy of the applicant’s complete conviction
history and question the accuracy or completeness of the record pursuant to Sections
11122 to 11127 of the Penal Code.
(g) (1) For a minimum of three years, each board under this code shall retain application forms and
other documents submitted by an applicant, any notice provided to an applicant, all other
communications received from and provided to an applicant, and criminal history reports of an
applicant.
(2) Each board under this code shall retain the number of applications received for each license
and the number of applications requiring inquiries regarding criminal history. In addition, each
licensing authority shall retain all of the following information:
(A) The number of applicants with a criminal record who received notice of denial or
disqualification of licensure.
(B) The number of applicants with a criminal record who provided evidence of mitigation or
rehabilitation.
(C) The number of applicants with a criminal record who appealed any denial or
disqualification of licensure.
(D) The final disposition and demographic information, consisting of voluntarily provided
information on race or gender, of any applicant described in subparagraph (A), (B), or (C).
(3) (A) Each board under this code shall annually make available to the public through the board’s
internet website and through a report submitted to the appropriate policy committees of the
Legislature deidentified information collected pursuant to this subdivision. Each board shall
ensure confidentiality of the individual applicants.
(B) A report pursuant to subparagraph (A) shall be submitted in compliance with Section 9795
of the Government Code.
(h) “Conviction” as used in this section shall have the same meaning as defined in Section 7.5.
(i) This section does not in any way modify or otherwise affect the existing authority of the following
entities in regard to licensure:
(1) The State Athletic Commission.
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(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
§ 480.5. APPLICATION FOR LICENSURE: INCARCERATION
(a) An individual who has satisfied any of the requirements needed to obtain a license regulated
under this division while incarcerated, who applies for that license upon release from
incarceration, and who is otherwise eligible for the license shall not be subject to a delay in
processing his or her application or a denial of the license solely on the basis that some or all of
the licensure requirements were completed while the individual was incarcerated.
(b) Nothing in this section shall be construed to apply to a petition for reinstatement of a license or to
limit the ability of a board to deny a license pursuant to Section 480.
(c) This section shall not apply to the licensure of individuals under the initiative act referred to in
Chapter 2 (commencing with Section 1000) of Division 2.
§ 485. PROCEDURE BY BOARD UPON DENIAL OF APPLICATION FOR LICENSE
Upon denial of an application for a license under this chapter or Section 496, the board shall do either
of the following:
(a) File and serve a statement of issues in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Notify the applicant that the application is denied, stating (1) the reason for the denial, and (2) that
the applicant has the right to a hearing under Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code if written request for hearing is made within 60
days after service of the notice of denial. Unless written request for hearing is made within the 60-
day period, the applicant's right to a hearing is deemed waived.
Service of the notice of denial may be made in the manner authorized for service of summons in
civil actions, or by registered mail addressed to the applicant at the latest address filed by the
applicant in writing with the board in his or her application or otherwise. Service by mail is
complete on the date of mailing.
§ 490. BOARD DISCIPLINARY ACTION; GROUNDS FOR LICENSE SUSPENSION OR
REVOCATION
(a) In addition to any other action that a board is permitted to take against a licensee, a board may
suspend or revoke a license on the ground that the licensee has been convicted of a crime, if the
crime is substantially related to the qualifications, functions, or duties of the business or profession
for which the license was issued.
(b) Notwithstanding any other provision of law, a board may exercise any authority to discipline a
licensee for conviction of a crime that is independent of the authority granted under subdivision (a)
only if the crime is substantially related to the qualifications, functions, or duties of the business or
profession for which the licensee's license was issued.
(c) A conviction within the meaning of this section means a plea or verdict of guilty or a conviction
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following a plea of nolo contendere. An action that a board is permitted to take following the
establishment of a conviction may be taken when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4
of the Penal Code.
(d) The Legislature hereby finds and declares that the application of this section has been made
unclear by the holding in Petropoulos v. Department of Real Estate (2006) 142 Cal.App.4th 554,
and that the holding in that case has placed a significant number of statutes and regulations in
question, resulting in potential harm to the consumers of California from licensees who have been
convicted of crimes. Therefore, the Legislature finds and declares that this section establishes an
independent basis for a board to impose discipline upon a licensee, and that the amendments to
this section made by Chapter 33 of the Statutes of 2008 do not constitute a change to, but rather
are declaratory of, existing law.
§ 651. PUBLIC COMMUNICATION CONTAINING FALSE, FRAUDULENT, MISLEADING, OR
DECEPTIVE STATEMENT, CLAIM, OR IMAGE; ADVERTISEMENTS; PENALTY
(a) It is unlawful for any person licensed under this division or under any initiative act referred to in
this division to disseminate or cause to be disseminated any form of public communication
containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose
of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of
products in connection with the professional practice or business for which he or she is licensed. A
“public communication” as used in this section includes, but is not limited to, communication by
means of mail, television, radio, motion picture, newspaper, book, list or directory of healing arts
practitioners, Internet, or other electronic communication.
(b) A false, fraudulent, misleading, or deceptive statement, claim, or image includes a statement or
claim that does any of the following:
(1) Contains a misrepresentation of fact.
(2) Is likely to mislead or deceive because of a failure to disclose material facts.
(3) (A) Is intended or is likely to create false or unjustified expectations of favorable results,
including the use of any photograph or other image that does not accurately depict the
results of the procedure being advertised or that has been altered in any manner from the
image of the actual subject depicted in the photograph or image.
(B) Use of any photograph or other image of a model without clearly stating in a prominent
location in easily readable type the fact that the photograph or image is of a model is a
violation of subdivision (a). For purposes of this paragraph, a model is anyone other than
an actual patient, who has undergone the procedure being advertised, of the licensee who
is advertising for his or her services.
(C) Use of any photograph or other image of an actual patient that depicts or purports to depict
the results of any procedure, or presents “before” and “after” views of a patient, without
specifying in a prominent location in easily readable type size what procedures were
performed on that patient is a violation of subdivision (a). Any “before” and “after” views (i)
shall be comparable in presentation so that the results are not distorted by favorable poses,
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lighting, or other features of presentation, and (ii) shall contain a statement that the same
“before” and “after” results may not occur for all patients.
(4) Relates to fees, other than a standard consultation fee or a range of fees for specific types of
services, without fully and specifically disclosing all variables and other material factors.
(5) Contains other representations or implications that in reasonable probability will cause an
ordinarily prudent person to misunderstand or be deceived.
(6) Makes a claim either of professional superiority or of performing services in a superior manner,
unless that claim is relevant to the service being performed and can be substantiated with
objective scientific evidence.
(7) Makes a scientific claim that cannot be substantiated by reliable, peer reviewed, published
scientific studies.
(8) Includes any statement, endorsement, or testimonial that is likely to mislead or deceive
because of a failure to disclose material facts.
(c) Any price advertisement shall be exact, without the use of phrases, including, but not limited to,
“as low as,” “and up,” “lowest prices,” or words or phrases of similar import. Any advertisement
that refers to services, or costs for services, and that uses words of comparison shall be based on
verifiable data substantiating the comparison. Any person so advertising shall be prepared to
provide information sufficient to establish the accuracy of that comparison. Price advertising shall
not be fraudulent, deceitful, or misleading, including statements or advertisements of bait,
discount, premiums, gifts, or any statements of a similar nature. In connection with price
advertising, the price for each product or service shall be clearly identifiable. The price advertised
for products shall include charges for any related professional services, including dispensing and
fitting services, unless the advertisement specifically and clearly indicates otherwise.
(d) Any person so licensed shall not compensate or give anything of value to a representative of the
press, radio, television, or other communication medium in anticipation of, or in return for,
professional publicity unless the fact of compensation is made known in that publicity.
(e) Any person so licensed may not use any professional card, professional announcement card,
office sign, letterhead, telephone directory listing, medical list, medical directory listing, or a similar
professional notice or device if it includes a statement or claim that is false, fraudulent, misleading,
or deceptive within the meaning of subdivision (b).
(f) Any person so licensed who violates this section is guilty of a misdemeanor. A bona fide mistake of
fact shall be a defense to this subdivision, but only to this subdivision.
(g) Any violation of this section by a person so licensed shall constitute good cause for revocation or
suspension of his or her license or other disciplinary action.
(h) Advertising by any person so licensed may include the following:
(1) A statement of the name of the practitioner.
(2) A statement of addresses and telephone numbers of the offices maintained by the practitioner.
(3) A statement of office hours regularly maintained by the practitioner.
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(4) A statement of languages, other than English, fluently spoken by the practitioner or a person in
the practitioner’s office.
(5) (A) A statement that the practitioner is certified by a private or public board or agency or a
statement that the practitioner limits his or her practice to specific fields.
(B) A statement of certification by a practitioner licensed under Chapter 7 (commencing with
Section 3000) shall only include a statement that he or she is certified or eligible for
certification by a private or public board or parent association recognized by that
practitioner’s licensing board.
(C) A physician and surgeon licensed under Chapter 5 (commencing with Section 2000) by the
Medical Board of California may include a statement that he or she limits his or her practice
to specific fields, but shall not include a statement that he or she is certified or eligible for
certification by a private or public board or parent association, including, but not limited to, a
multidisciplinary board or association, unless that board or association is (i) an American
Board of Medical Specialties member board, (ii) a board or association with equivalent
requirements approved by that physician’s and surgeon’s licensing board prior to January
1, 2019, or (iii) a board or association with an Accreditation Council for Graduate Medical
Education approved postgraduate training program that provides complete training in that
specialty or subspecialty. A physician and surgeon licensed under Chapter 5 (commencing
with Section 2000) by the Medical Board of California who is certified by an organization
other than a board or association referred to in clause (i), (ii), or (iii) shall not use the term
“board certified” in reference to that certification, unless the physician and surgeon is also
licensed under Chapter 4 (commencing with Section 1600) and the use of the term “board
certified” in reference to that certification is in accordance with subparagraph (A). A
physician and surgeon licensed under Chapter 5 (commencing with Section 2000) by the
Medical Board of California who is certified by a board or association referred to in clause
(i), (ii), or (iii) shall not use the term “board certified” unless the full name of the certifying
board is also used and given comparable prominence with the term “board certified” in the
statement.
For purposes of this subparagraph, a “multidisciplinary board or association” means an
educational certifying body that has a psychometrically valid testing process, as determined
by the Medical Board of California, for certifying medical doctors and other health care
professionals that is based on the applicant’s education, training, and experience. A
multidisciplinary board or association approved by the Medical Board of California prior to
January 1, 2019, shall retain that approval.
For purposes of the term “board certified,” as used in this subparagraph, the terms “board”
and “association” mean an organization that is an American Board of Medical Specialties
member board, an organization with equivalent requirements approved by a physician’s
and surgeon’s licensing board prior to January 1, 2019, or an organization with an
Accreditation Council for Graduate Medical Education approved postgraduate training
program that provides complete training in a specialty or subspecialty.
(D) A doctor of podiatric medicine licensed under Article 22 (commencing with Section 2460)
of Chapter 5 by the California Board of Podiatric Medicine may include a statement that he
or she is certified or eligible or qualified for certification by a private or public board or
parent association, including, but not limited to, a multidisciplinary board or association, if
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that board or association meets one of the following requirements: (i) is approved by the
Council on Podiatric Medical Education, (ii) is a board or association with equivalent
requirements approved by the California Board of Podiatric Medicine, or (iii) is a board or
association with the Council on Podiatric Medical Education approved postgraduate training
programs that provide training in podiatric medicine and podiatric surgery. A doctor of
podiatric medicine licensed under Article 22 (commencing with Section 2460) of Chapter 5
by the California Board of Podiatric Medicine who is certified by a board or association
referred to in clause (i), (ii), or (iii) shall not use the term “board certified” unless the full
name of the certifying board is also used and given comparable prominence with the term
“board certified” in the statement. A doctor of podiatric medicine licensed under Article 22
(commencing with Section 2460) of Chapter 5 by the California Board of Podiatric Medicine
who is certified by an organization other than a board or association referred to in clause
(i), (ii), or (iii) shall not use the term “board certified” in reference to that certification.
For purposes of this subparagraph, a “multidisciplinary board or association” means an
educational certifying body that has a psychometrically valid testing process, as determined
by the California Board of Podiatric Medicine, for certifying doctors of podiatric medicine
that is based on the applicant’s education, training, and experience. For purposes of the
term “board certified,” as used in this subparagraph, the terms “board” and “association”
mean an organization that is a Council on Podiatric Medical Education approved board, an
organization with equivalent requirements approved by the California Board of Podiatric
Medicine, or an organization with a Council on Podiatric Medical Education approved
postgraduate training program that provides training in podiatric medicine and podiatric
surgery.
The California Board of Podiatric Medicine shall adopt regulations to establish and collect a
reasonable fee from each board or association applying for recognition pursuant to this
subparagraph, to be deposited in the State Treasury in the Podiatry Fund, pursuant to
Section 2499. The fee shall not exceed the cost of administering this subparagraph.
(6) A statement that the practitioner provides services under a specified private or public
insurance plan or health care plan.
(7) A statement of names of schools and postgraduate clinical training programs from which the
practitioner has graduated, together with the degrees received.
(8) A statement of publications authored by the practitioner.
(9) A statement of teaching positions currently or formerly held by the practitioner, together with
pertinent dates.
(10) A statement of his or her affiliations with hospitals or clinics.
(11) A statement of the charges or fees for services or commodities offered by the practitioner.
(12) A statement that the practitioner regularly accepts installment payments of fees.
(13) Otherwise lawful images of a practitioner, his or her physical facilities, or of a commodity to
be advertised.
(14) A statement of the manufacturer, designer, style, make, trade name, brand name, color, size,
or type of commodities advertised.
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(15) An advertisement of a registered dispensing optician may include statements in addition to
those specified in paragraphs (1) to (14), inclusive, provided that any statement shall not
violate subdivision (a), (b), (c), or (e) or any other section of this code.
(16) A statement, or statements, providing public health information encouraging preventive or
corrective care.
(17) Any other item of factual information that is not false, fraudulent, misleading, or likely to
deceive.
(i) Each of the healing arts boards and examining committees within Division 2 shall adopt
appropriate regulations to enforce this section in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Each of the healing arts boards and committees and examining committees within Division 2 shall,
by regulation, define those efficacious services to be advertised by businesses or professions
under their jurisdiction for the purpose of determining whether advertisements are false or
misleading. Until a definition for that service has been issued, no advertisement for that service
shall be disseminated. However, if a definition of a service has not been issued by a board or
committee within 120 days of receipt of a request from a licensee, all those holding the license may
advertise the service. Those boards and committees shall adopt or modify regulations defining
what services may be advertised, the manner in which defined services may be advertised, and
restricting advertising that would promote the inappropriate or excessive use of health services or
commodities. A board or committee shall not, by regulation, unreasonably prevent truthful,
nondeceptive price or otherwise lawful forms of advertising of services or commodities, by either
outright prohibition or imposition of onerous disclosure requirements. However, any member of a
board or committee acting in good faith in the adoption or enforcement of any regulation shall be
deemed to be acting as an agent of the state.
(j) The Attorney General shall commence legal proceedings in the appropriate forum to enjoin
advertisements disseminated or about to be disseminated in violation of this section and seek other
appropriate relief to enforce this section. Notwithstanding any other provision of law, the costs of
enforcing this section to the respective licensing boards or committees may be awarded against
any licensee found to be in violation of any provision of this section. This shall not diminish the
power of district attorneys, county counsels, or city attorneys pursuant to existing law to seek
appropriate relief.
(k) A physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) by the
Medical Board of California or a doctor of podiatric medicine licensed pursuant to Article 22
(commencing with Section 2460) of Chapter 5 by the California Board of Podiatric Medicine who
knowingly and intentionally violates this section may be cited and assessed an administrative fine
not to exceed ten thousand dollars ($10,000) per event. Section 125.9 shall govern the issuance of
this citation and fine except that the fine limitations prescribed in paragraph (3) of subdivision (b) of
Section 125.9 shall not apply to a fine under this subdivision.
§ 683. REPORTING NAME AND LICENSE NUMBER OF LICENSEE PROHIBITED FROM
PRACTICING
(a) A board shall report, within 10 working days, to the State Department of Health Care Services the
name and license number of a person whose license has been revoked, suspended, surrendered,
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made inactive by the licensee, or placed in another category that prohibits the licensee from
practicing their profession. The purpose of the reporting requirement is to prevent reimbursement
by the state for Medi-Cal and Denti-Cal services provided after the cancellation of a provider’s
professional license.
(b) “Board,” as used in this section, means the Dental Board of California, the Medical Board of
California, the Board of Psychology, the California State Board of Optometry, the California State
Board of Pharmacy, the Osteopathic Medical Board of California, the State Board of Chiropractic
Examiners, the Board of Behavioral Sciences, the California Board of Podiatric Medicine, and the
California Board of Occupational Therapy.
(c) This section shall become operative on January 1, 2015.
§ 719. TRIBAL HEALTH PROGRAMS: OUT-OF-STATE LICENSEES
(a) A person who is licensed as a health care practitioner in any other state and is employed by a
tribal health program, as defined in Section 1603 of Title 25 of the United States Code, shall be
exempt from any licensing requirement described in this division with respect to acts authorized
under the person’s license where the tribal health program performs the services described in the
contract or compact of the tribal health program under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. Sec. 450 et seq.).
(b) For purposes of this section, “health care practitioner” means any person who engages in acts
that are the subject of licensure or regulation under the law of any other state.
§ 726. SEXUAL ABUSE, MISCONDUCT, OR RELATIONS WITH A PATIENT
(a) The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or
customer constitutes unprofessional conduct and grounds for disciplinary action for any person
licensed under this division or under any initiative act referred to in this division.
(b) This section shall not apply to consensual sexual contact between a licensee and his or her
spouse or person in an equivalent domestic relationship when that licensee provides medical
treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent
domestic relationship.
§ 727. EVIDENCE
The provisions of subdivision (2) of Section 1103 of the Evidence Code shall apply in disciplinary
proceedings brought against a licensee for acts in violation of Section 726.
§ 728. PRIOR SEXUAL BEHAVIOR OR SEXUAL CONTACT BETWEEN PSYCHOTHERAPIST
AND CLIENT; PSYCHOTHERAPIST OR EMPLOYER PROVIDING AND DISCUSSING
BROCHURE; FAILURE TO COMPLY WITH SECTION; DEFINITIONS
(a) Any psychotherapist or employer of a psychotherapist who becomes aware through a client that
the client had alleged sexual intercourse or alleged sexual behavior or sexual contact with a
previous psychotherapist during the course of a prior treatment shall provide to the client a
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brochure developed pursuant to Section 337 that delineates the rights of, and remedies for, clients
who have been involved sexually with their psychotherapists. Further, the psychotherapist or
employer shall discuss the brochure with the client.
(b) Failure to comply with this section constitutes unprofessional conduct.
(c) For the purpose of this section, the following definitions apply:
(1) “Psychotherapist” means any of the following:
(A) A physician and surgeon specializing in the practice of psychiatry or practicing
psychotherapy.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A psychological assistant.
(D) A registered psychologist.
(E) A trainee under the supervision of a licensed psychologist.
(F) A marriage and family therapist.
(G) An associate marriage and family therapist.
(H) A marriage and family therapist trainee.
(I) A licensed educational psychologist.
(J) A clinical social worker.
(K) An associate clinical social worker.
(L) A licensed professional clinical counselor.
(M) An associate professional clinical counselor, as specified in Chapter 16 (commencing with
Section 4999.10).
(N) A clinical counselor trainee, as specified in Chapter 16 (commencing with Section 4999.10).
(2) “Sexual behavior” means inappropriate contact or communication of a sexual nature. “Sexual
behavior” does not include the provision of appropriate therapeutic interventions relating to
sexual issues.
(3) “Sexual contact” means the touching of an intimate part of another person.
(4) “Intimate part” and “touching” have the same meanings as defined in subdivisions (g) and (e),
respectively, of Section 243.4 of the Penal Code.
(5) “The course of a prior treatment” means the period of time during which a client first
commences treatment for services that a psychotherapist is authorized to provide under his or
her scope of practice, or that the psychotherapist represents to the client as being within his or
her scope of practice, until the psychotherapist-client relationship is terminated.
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§ 729. SEXUAL EXPLOITATION BY PHYSICIANS, SURGEONS, PSYCHOTHERAPISTS, OR
ALCOHOL AND DRUG ABUSE COUNSELORS
(a) Any physician and surgeon, psychotherapist, alcohol and drug abuse counselor or any person
holding himself or herself out to be a physician and surgeon, psychotherapist, or alcohol and drug
abuse counselor, who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual
contact with a patient or client, or with a former patient or client when the relationship was
terminated primarily for the purpose of engaging in those acts, unless the physician and surgeon,
psychotherapist, or alcohol and drug abuse counselor has referred the patient or client to an
independent and objective physician and surgeon, psychotherapist, or alcohol and drug abuse
counselor recommended by a third-party physician and surgeon, psychotherapist, or alcohol and
drug abuse counselor for treatment, is guilty of sexual exploitation by a physician and surgeon,
psychotherapist, or alcohol and drug abuse counselor.
(b) Sexual exploitation by a physician and surgeon, psychotherapist, or alcohol and drug abuse
counselor is a public offense:
(1) An act in violation of subdivision (a) shall be punishable by imprisonment in a county jail for a
period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or
by both that imprisonment and fine.
(2) Multiple acts in violation of subdivision (a) with a single victim, when the offender has no prior
conviction for sexual exploitation, shall be punishable by imprisonment in a county jail for a
period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or
by both that imprisonment and fine.
(3) An act or acts in violation of subdivision (a) with two or more victims shall be punishable by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16
months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or
the act or acts shall be punishable by imprisonment in a county jail for a period of not more
than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(4) Two or more acts in violation of subdivision (a) with a single victim, when the offender has at
least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or
three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall
be punishable by imprisonment in a county jail for a period of not more than one year, or a fine
not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(5) An act or acts in violation of subdivision (a) with two or more victims, and the offender has at
least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or
three years, and a fine not exceeding ten thousand dollars ($10,000). For purposes of
subdivision (a), in no instance shall consent of the patient or client be a defense. However,
physicians and surgeons shall not be guilty of sexual exploitation for touching any intimate part
of a patient or client unless the touching is outside the scope of medical examination and
treatment, or the touching is done for sexual gratification.
(c) For purposes of this section:
(1) “Psychotherapist” has the same meaning as defined in Section 728.
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(2) “Alcohol and drug abuse counselor” means an individual who holds himself or herself out to be
an alcohol or drug abuse professional or paraprofessional.
(3) “Sexual contact” means sexual intercourse or the touching of an intimate part of a patient for
the purpose of sexual arousal, gratification, or abuse.
(4) “Intimate part” and “touching” have the same meanings as defined in Section 243.4 of the
Penal Code.
(d) In the investigation and prosecution of a violation of this section, no person shall seek to obtain
disclosure of any confidential files of other patients, clients, or former patients or clients of the
physician and surgeon, psychotherapist, or alcohol and drug abuse counselor.
(e) This section does not apply to sexual contact between a physician and surgeon and his or her
spouse or person in an equivalent domestic relationship when that physician and surgeon
provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or
person in an equivalent domestic relationship.
(f) If a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor in a professional
partnership or similar group has sexual contact with a patient in violation of this section, another
physician and surgeon, psychotherapist, or alcohol and drug abuse counselor in the partnership or
group shall not be subject to action under this section solely because of the occurrence of that
sexual contact.
§ 820. EXAMINATION; REPORT
Whenever it appears that any person holding a license, certificate or permit under this division or
under any initiative act referred to in this division may be unable to practice his or her profession
safely because the licentiate's ability to practice is impaired due to mental illness, or physical illness
affecting competency, the licensing agency may order the licentiate to be examined by one or more
physicians and surgeons or psychologists designated by the agency. The report of the examiners
shall be made available to the licentiate and may be received as direct evidence in proceedings
conducted pursuant to Section 822.
§ 865. DEFINITION OF SEXUAL ORIENTATION CHANGE EFFORTS
For the purposes of this article, the following terms shall have the following meanings:
(a) “Mental health provider” means a physician and surgeon specializing in the practice of psychiatry,
a psychologist, a psychological assistant, intern, or trainee, a licensed marriage and family
therapist, a registered associate marriage and family therapist, a marriage and family therapist
trainee, a licensed educational psychologist, a credentialed school psychologist, a licensed clinical
social worker, an associate clinical social worker, a licensed professional clinical counselor, a
registered associate clinical counselor, a professional clinical counselor trainee, or any other
person designated as a mental health professional under California law or regulation.
(b) (1) “Sexual orientation change efforts” means any practices by mental health providers that seek
to change an individual’s sexual orientation. This includes efforts to change behaviors or
gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward
individuals of the same sex.
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(2) “Sexual orientation change efforts” does not include psychotherapies that: (A) provide
acceptance, support, and understanding of clients or the facilitation of clients’ coping, social
support, and identity exploration and development, including sexual orientation-neutral
interventions to prevent or address unlawful conduct or unsafe sexual practices; and (B) do not
seek to change sexual orientation.
§ 865.1. SEXUAL ORIENTATION CHANGE EFFORTS: PROHIBITIONS
Under no circumstances shall a mental health provider engage in sexual orientation change efforts
with a patient under 18 years of age.
§ 865.2. SEXUAL ORIENTATION CHANGE EFFORTS: DISCIPLINARY ACTION
Any sexual orientation change efforts attempted on a patient under 18 years of age by a mental
health provider shall be considered unprofessional conduct and shall subject a mental health provider
to discipline by the licensing entity for that mental health provider.
§ 2290.5. TELEHEALTH; CONSENT REQUIREMENTS; EFFECT OF NONCOMPLIANCE ON
HEALTH PRACTITIONER
(a) For purposes of this division, the following definitions apply:
(1) “Asynchronous store and forward” means the transmission of a patient’s medical information
from an originating site to the health care provider at a distant site.
(2) “Distant site” means a site where a health care provider who provides health care services is
located while providing these services via a telecommunications system.
(3) “Health care provider” means any of the following:
(A) A person who is licensed under this division.
(B) An associate marriage and family therapist or marriage and family therapist trainee
functioning pursuant to Section 4980.43.3.
(C) A qualified autism service provider or qualified autism service professional certified by a
national entity pursuant to Section 1374.73 of the Health and Safety Code and Section
10144.51 of the Insurance Code.
(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.
(E) An associate professional clinical counselor or clinical counselor trainee functioning
pursuant to Section 4999.46.3.
(4) “Originating site” means a site where a patient is located at the time health care services are
provided via a telecommunications system or where the asynchronous store and forward
service originates.
(5) “Synchronous interaction” means a real-time interaction between a patient and a health care
provider located at a distant site.
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(6) “Telehealth” means the mode of delivering health care services and public health via
information and communication technologies to facilitate the diagnosis, consultation, treatment,
education, care management, and self-management of a patient’s health care. Telehealth
facilitates patient self-management and caregiver support for patients and includes
synchronous interactions and asynchronous store and forward transfers.
(b) Before the delivery of health care via telehealth, the health care provider initiating the use of
telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent
from the patient for the use of telehealth as an acceptable mode of delivering health care services
and public health. The consent shall be documented.
(c) This section does not preclude a patient from receiving in-person health care delivery services
during a specified course of health care and treatment after agreeing to receive services via
telehealth.
(d) The failure of a health care provider to comply with this section shall constitute unprofessional
conduct. Section 2314 shall not apply to this section.
(e) This section does not alter the scope of practice of a health care provider or authorize the delivery
of health care services in a setting, or in a manner, not otherwise authorized by law.
(f) All laws regarding the confidentiality of health care information and a patient’s rights to the patient’s
medical information shall apply to telehealth interactions.
(g) All laws and regulations governing professional responsibility, unprofessional conduct, and
standards of practice that apply to a health care provider under the health care provider’s license
shall apply to that health care provider while providing telehealth services.
(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and
Rehabilitation or any other correctional facility.
(i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the
hospital whose patients are receiving the telehealth services may grant privileges to, and verify
and approve credentials for, providers of telehealth services based on its medical staff
recommendations that rely on information provided by the distant-site hospital or telehealth entity,
as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal
Regulations.
(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant
privileges to, and verify and approve credentials for, providers of telehealth services as
described in paragraph (1).
(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is
referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal
Regulations.
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CALIFORNIA CORPORATIONS CODE
The “Moscone-Knox Professional Corporation Act” can be found in Sections 13400 – 13410 of the
Corporations Code, located here.
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CALIFORNIA PENAL CODE
§ 11166. CHILD ABUSE AND NEGLECT REPORTING; DUTY; TIME
(a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a
report to an agency specified in Section 11165.9 whenever the mandated reporter, in the
mandated reporter’s professional capacity or within the scope of the mandated reporter’s
employment, has knowledge of or observes a child whom the mandated reporter knows or
reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall
make an initial report by telephone to the agency immediately or as soon as is practicably
possible, and shall prepare and send, fax, or electronically transmit a written followup report within
36 hours of receiving the information concerning the incident. The mandated reporter may include
with the report any nonprivileged documentary evidence the mandated reporter possesses
relating to the incident.
(1) For purposes of this article, “reasonable suspicion” means that it is objectively reasonable for a
person to entertain a suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on the person’s training and experience, to suspect
child abuse or neglect. “Reasonable suspicion” does not require certainty that child abuse or
neglect has occurred nor does it require a specific medical indication of child abuse or neglect;
any “reasonable suspicion” is sufficient. For purposes of this article, the pregnancy of a minor
does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified, and a report shall be prepared and sent by fax or electronic
transmission, even if the child has expired, regardless of whether or not the possible abuse
was a factor contributing to the death, and even if suspected child abuse was discovered
during an autopsy.
(3) A report made by a mandated reporter pursuant to this section shall be known as a mandated
report.
(b) If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone,
the mandated reporter shall immediately or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form prescribed by the
Department of Justice, and shall also be available to respond to a telephone followup call by the
agency with which the mandated reporter filed the report. A mandated reporter who files a one-
time automated written report because the mandated reporter was unable to submit an initial
report by telephone is not required to submit a written followup report.
(1) The one-time automated written report form prescribed by the Department of Justice shall be
clearly identifiable so that it is not mistaken for a standard written followup report. In addition,
the automated one-time report shall contain a section that allows the mandated reporter to
state the reason the initial telephone call was not able to be completed. The reason for the
submission of the one-time automated written report in lieu of the procedure prescribed in
subdivision (a) shall be captured in the statewide child welfare information system. The
department shall work with stakeholders to modify reporting forms and the statewide child
welfare information system as is necessary to accommodate the changes enacted by these
provisions.
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(2) This subdivision shall not become operative until the statewide child welfare information
system is updated to capture the information prescribed in this subdivision.
(3) This subdivision shall become inoperative three years after this subdivision becomes operative
or on January 1, 2009, whichever occurs first.
(4) This section does not supersede the requirement that a mandated reporter first attempt to
make a report via telephone, or that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
(c) A mandated reporter who fails to report an incident of known or reasonably suspected child abuse
or neglect as required by this section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that
imprisonment and fine. If a mandated reporter intentionally conceals the mandated reporter’s
failure to report an incident known by the mandated reporter to be abuse or severe neglect under
this section, the failure to report is a continuing offense until an agency specified in Section
11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect
during a penitential communication is not subject to subdivision (a). For the purposes of this
subdivision, “penitential communication” means a communication, intended to be in
confidence, including, but not limited to, a sacramental confession, made to a clergy member
who, in the course of the discipline or practice of the clergy member’s church, denomination, or
organization, is authorized or accustomed to hear those communications, and under the
discipline, tenets, customs, or practices of the clergy member’s church, denomination, or
organization, has a duty to keep those communications secret.
(2) This subdivision does not modify or limit a clergy member’s duty to report known or suspected
child abuse or neglect when the clergy member is acting in some other capacity that would
otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any custodian of records for the clergy
member may report to an agency specified in Section 11165.9 that the clergy member or any
custodian of records for the clergy member, prior to January 1, 1997, in the clergy member’s
professional capacity or within the scope of the clergy member’s employment, other than
during a penitential communication, acquired knowledge or had a reasonable suspicion that a
child had been the victim of sexual abuse and that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to an agency specified in
Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to
this paragraph.
(B) This paragraph shall apply even if the victim of the known or suspected abuse has reached
the age of majority by the time the required report is made.
(C) The local law enforcement agency shall have jurisdiction to investigate any report of child
abuse made pursuant to this paragraph even if the report is made after the victim has
reached the age of majority.
(e) (1) A commercial film, photographic print, or image processor who has knowledge of or observes,
within the scope of that person’s professional capacity or employment, any film, photograph,
videotape, negative, slide, or any representation of information, data, or an image, including,
but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video
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laser disc, computer hardware, computer software, computer floppy disk, data storage
medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a
child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon
as practicably possible, telephonically report the instance of reasonably suspected abuse to
the law enforcement agency located in the county in which the images are seen. Within 36
hours of receiving the information concerning the incident, the reporter shall prepare and send,
fax, or electronically transmit a written followup report of the incident with a copy of the image
or material attached.
(2) A commercial computer technician who has knowledge of or observes, within the scope of the
technician’s professional capacity or employment, any representation of information, data, or
an image, including, but not limited to, any computer hardware, computer software, computer
file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image that is retrievable in perceivable form and that is intentionally
saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of
age engaged in an act of sexual conduct, shall immediately, or as soon as practicably
possible, telephonically report the instance of reasonably suspected abuse to the law
enforcement agency located in the county in which the images or materials are seen. As soon
as practicably possible after receiving the information concerning the incident, the reporter
shall prepare and send, fax, or electronically transmit a written followup report of the incident
with a brief description of the images or materials.
(3) For purposes of this article, “commercial computer technician” includes an employee
designated by an employer to receive reports pursuant to an established reporting process
authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4) As used in this subdivision, “electronic medium” includes, but is not limited to, a recording, CD-
ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other
computer hardware or media.
(5) As used in this subdivision, “sexual conduct” means any of the following:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex or between humans and animals.
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual
stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a
child resides is unsuitable for the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same time as, the mandated reporter
makes a report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom the person knows or
reasonably suspects has been a victim of child abuse or neglect may report the known or
suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, “any other person” includes a mandated reporter who acts in the
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person’s private capacity and not in the person’s professional capacity or within the scope of the
person’s employment.
(h) When two or more persons, who are required to report, jointly have knowledge of a known or
reasonably suspected instance of child abuse or neglect, and when there is agreement among
them, the telephone report may be made by a member of the team selected by mutual agreement
and a single report may be made and signed by the selected member of the reporting team. Any
member who has knowledge that the member designated to report has failed to do so shall
thereafter make the report.
(i) (1) The reporting duties under this section are individual, and no supervisor or administrator may
impede or inhibit the reporting duties, and no person making a report shall be subject to any
sanction for making the report. However, internal procedures to facilitate reporting and apprise
supervisors and administrators of reports may be established provided that they are not
inconsistent with this article. An internal policy shall not direct an employee to allow the
employee’s supervisor to file or process a mandated report under any circumstances.
(2) The internal procedures shall not require any employee required to make reports pursuant to
this article to disclose the employee’s identity to the employer.
(3) Reporting the information regarding knowledge of or reasonably suspected child abuse or
neglect to an employer, supervisor, school principal, school counselor, coworker, or other
person shall not be a substitute for making a mandated report to an agency specified in Section
11165.9.
(j) (1) A county probation or welfare department shall immediately, or as soon as practicably possible,
report by telephone, fax, or electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility for investigation of cases under
Section 300 of the Welfare and Institutions Code, and to the district attorney’s office every
known or reasonably suspected instance of child abuse or neglect, as defined in Section
11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports
made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of
the parent to provide the child with regular care due to the parent’s substance abuse, which
shall be reported only to the county welfare or probation department. A county probation or
welfare department also shall send by fax or electronic transmission a written report thereof
within 36 hours of receiving the information concerning the incident to any agency to which it
makes a telephone report under this subdivision.
(2) A county probation or welfare department shall immediately, and in no case in more than 24
hours, report to the law enforcement agency having jurisdiction over the case after receiving
information that a child or youth who is receiving child welfare services has been identified as
the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.
(3) When a child or youth who is receiving child welfare services and who is reasonably believed to
be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in
Section 11165.1, is missing or has been abducted, the county probation or welfare department
shall immediately, or in no case later than 24 hours from receipt of the information, report the
incident to the appropriate law enforcement authority for entry into the National Crime
Information Center database of the Federal Bureau of Investigation and to the National Center
for Missing and Exploited Children.
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(k) A law enforcement agency shall immediately, or as soon as practicably possible, report by
telephone, fax, or electronic transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to the district attorney’s office
every known or reasonably suspected instance of child abuse or neglect reported to it, except acts
or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the
county welfare or probation department. A law enforcement agency shall report to the county
welfare or probation department every known or reasonably suspected instance of child abuse or
neglect reported to it that is alleged to have occurred as a result of the action of a person
responsible for the child’s welfare, or as the result of the failure of a person responsible for the
child’s welfare to adequately protect the minor from abuse when the person responsible for the
child’s welfare knew or reasonably should have known that the minor was in danger of abuse. A
law enforcement agency also shall send by fax or electronic transmission a written report thereof
within 36 hours of receiving the information concerning the incident to any agency to which it
makes a telephone report under this subdivision.
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CALIFORNIA HEALTH AND SAFETY CODE
§ 122318. EMOTIONAL SUPPORT DOGS: REQUIREMENTS FOR HEALTH CARE
PRACTITIONERS
(a) A health care practitioner shall not provide documentation relating to an individual’s need for an
emotional support dog unless the health care practitioner complies with all of the following criteria:
(1) Possesses a valid, active license and includes the effective date, license number, jurisdiction,
and type of professional license in the documentation.
(2) Is licensed to provide professional services within the scope of the license in the jurisdiction in
which the documentation is provided.
(3) (A) Except as specified in subparagraph (B), establishes a client-provider relationship with the
individual for at least 30 days prior to providing the documentation requested regarding the
individual’s need for an emotional support dog.
(B) A client-provider relationship with the individual of 30 days or more shall not be required for
individuals who are verified to be homeless. Homeless status may be verified by any of the
following:
(I) Identification through the local Homeless Management Information System, as defined in
Section 578.3 of Title 24 of the Code of Federal Regulations.
(II) Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal
Regulations, or a homeless services provider that is contracting with a continuum of
care.
(III) Visual confirmation by a homeless services provider of individuals dwelling in a
homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.
(4) Completes a clinical evaluation of the individual regarding the need for an emotional support
dog.
(5) Provides a verbal or written notice to the individual that knowingly and fraudulently
representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or
identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the
Penal Code.
(b) For purposes of this section, “health care practitioner” means a person who is licensed and
regulated pursuant to Division 2 (commencing with Section 500) of the Business and Professions
Code, who is acting within the scope of practice of the person’s license or certificate.
(c) A health care practitioner may be subject to discipline from the health care practitioner’s licensing
board for a violation of this section.
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§ 122319. EMOTIONAL SUPPORT DOGS: CIVIL PENALTIES
(a) (1) A violation of either of the following shall be subject to a civil penalty of five hundred dollars
($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two
thousand five hundred dollars ($2,500) for the third and any subsequent violation:
(A) Knowingly and fraudulently representing, selling, or offering for sale, or attempting to
represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and
privileges accorded by law to a guide, signal, or service dog.
(B) Violating the written notice requirements specified in Section 122317.
(2) An action for civil penalties under this section may be brought by the Attorney General, a
district attorney, a county counsel, or a city attorney.
(b) Nothing in this section shall be construed to restrict or change existing federal and state law
related to a person’s rights for reasonable accommodation and equal access to housing,
including, but not limited to, rights afforded under the California Fair Employment and Housing Act
(Chapter 1 (commencing with Section 12900) of Part 2.8 of Division 3 of Title 2 of the Government
Code), the Unruh Civil Rights Act (Section 51 of the Civil Code), and the Disabled Persons Act
(Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code).
§ 122319.5. EMOTIONAL SUPPORT DOG: EMOTIONAL SUPPORT ANIMAL; DEFINITIONS
For purposes of this article, the following definitions apply:
(a) “Emotional support animal” means an animal that provides emotional, cognitive, or other similar
support to an individual with a disability, and that does not need to be trained or certified.
(b) “Emotional support dog” means a dog that provides emotional, cognitive, or other similar support
to an individual with a disability, and that does not need to be trained or certified.
(c) “Guide, signal, or service dog” has the meaning set forth in subdivisions (d), (e), and (f) of Section
365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
§ 123110. INSPECTION AND COPYING; VERIFICATION OF IDENTITY; RETENTION AND
QUALITY OF RECORDS; LIABILITY FOR DISCLOSURE; VIOLATIONS; PENALTIES
(a) Notwithstanding Section 5328 of the Welfare and Institutions Code, and except as provided in
Sections 123115 and 123120, any adult patient of a health care provider, any minor patient
authorized by law to consent to medical treatment, and any patient’s personal representative shall
be entitled to inspect patient records upon presenting to the health care provider a request for
those records and upon payment of reasonable costs, as specified in subdivision (j). However, a
patient who is a minor shall be entitled to inspect patient records pertaining only to health care of a
type for which the minor is lawfully authorized to consent. A health care provider shall permit this
inspection during business hours within five working days after receipt of the request. The
inspection shall be conducted by the patient or patient’s personal representative requesting the
inspection, who may be accompanied by one other person of their choosing.
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(b) (1) Additionally, any patient or patient’s personal representative shall be entitled to a paper or
electronic copy of all or any portion of the patient records that they have a right to inspect,
upon presenting a request to the health care provider specifying the records to be copied,
together with a fee to defray the costs of producing the copy or summary, as specified in
subdivision (j). The health care provider shall ensure that the copies are transmitted within 15
days after receiving the request.
(2) The health care provider shall provide the patient or patient’s personal representative with a
copy of the record in the form and format requested if it is readily producible in the requested
form and format, or, if not, in a readable paper copy form or other form and format as agreed to
by the health care provider and the patient or patient’s personal representative. If the
requested patient records are maintained electronically and if the patient or patient’s personal
representative requests an electronic copy of those records, the health care provider shall
provide them in the electronic form and format requested if they are readily producible in that
form and format, or, if not, in a readable electronic form and format as agreed to by the health
care provider and the patient or patient’s personal representative.
(c) Copies of X-rays or tracings derived from electrocardiography, electroencephalography, or
electromyography need not be provided to the patient or patient’s personal representative under
this section, if the original X-rays or tracings are transmitted to another health care provider upon
written request of the patient or patient’s personal representative and within 15 days after receipt
of the request. The request shall specify the name and address of the health care provider to
whom the records are to be delivered. All reasonable costs, not exceeding actual costs, incurred
by a health care provider in providing copies pursuant to this subdivision may be charged to the
patient or representative requesting the copies.
(d) (1) Notwithstanding any provision of this section, and except as provided in Sections 123115 and
123120, a patient, employee of a nonprofit legal services entity representing the patient, or the
personal representative of a patient, is entitled to a copy, at no charge, of the relevant portion
of the patient’s records, upon presenting to the provider a written request, and proof that the
records or supporting forms are needed to support a claim or appeal regarding eligibility for a
public benefit program, a petition for U nonimmigrant status under the Victims of Trafficking
and Violence Protection Act, or a self-petition for lawful permanent residency under the
Violence Against Women Act. A public benefit program includes the Medi-Cal program, the In-
Home Supportive Services Program, the California Work Opportunity and Responsibility to
Kids (CalWORKs) program, Social Security Disability Insurance benefits, Supplemental
Security Income/State Supplementary Program for the Aged, Blind and Disabled (SSI/SSP)
benefits, federal veterans service-connected compensation and nonservice connected pension
disability benefits, CalFresh, the Cash Assistance Program for Aged, Blind, and Disabled Legal
Immigrants, and a government-funded housing subsidy or tenant-based housing assistance
program.
(2) Although a patient shall not be limited to a single request, the patient, employee of a nonprofit
legal services entity representing the patient, or patient’s personal representative shall be
entitled to no more than one copy of any relevant portion of their record free of charge.
(3) This subdivision shall not apply to any patient who is represented by a private attorney who is
paying for the costs related to the patient’s claim or appeal, pending the outcome of that claim
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or appeal. For purposes of this subdivision, “private attorney” means any attorney not
employed by a nonprofit legal services entity.
(e) If a patient, employee of a nonprofit legal services entity representing the patient, or the patient’s
personal representative requests a record pursuant to subdivision (d), the health care provider
shall ensure that the copies are transmitted within 30 days after receiving the written request.
(f) This section shall not be construed to preclude a health care provider from requiring reasonable
verification of identity prior to permitting inspection or copying of patient records, provided this
requirement is not used oppressively or discriminatorily to frustrate or delay compliance with this
section. This section does not supersede any rights that a patient or personal representative might
otherwise have or exercise under Section 1158 of the Evidence Code or any other provision of
law. This chapter does not require a health care provider to retain records longer than required by
applicable statutes or administrative regulations.
(g) (1) This chapter shall not be construed to render a health care provider liable for the quality of
their records or the copies provided in excess of existing law and regulations with respect to
the quality of medical records. A health care provider shall not be liable to the patient or any
other person for any consequences that result from disclosure of patient records as required
by this chapter. A health care provider shall not discriminate against classes or categories of
providers in the transmittal of X-rays or other patient records, or copies of these X-rays or
records, to other providers as authorized by this section.
(2) Every health care provider shall adopt policies and establish procedures for the uniform
transmittal of X-rays and other patient records that effectively prevent the discrimination
described in this subdivision. A health care provider may establish reasonable conditions,
including a reasonable deposit fee, to ensure the return of original X-rays transmitted to
another health care provider, provided the conditions do not discriminate on the basis of, or in
a manner related to, the license of the provider to which the X-rays are transmitted.
(h) Any health care provider described in paragraphs (4) to (10), inclusive, of subdivision (a) of
Section 123105 who willfully violates this chapter is guilty of unprofessional conduct. Any health
care provider described in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 123105 that
willfully violates this chapter is guilty of an infraction punishable by a fine of not more than one
hundred dollars ($100). The state agency, board, or commission that issued the health care
provider’s professional or institutional license shall consider a violation as grounds for disciplinary
action with respect to the licensure, including suspension or revocation of the license or certificate.
(i) This section prohibits a health care provider from withholding patient records or summaries of
patient records because of an unpaid bill for health care services. Any health care provider who
willfully withholds patient records or summaries of patient records because of an unpaid bill for
health care services is subject to the sanctions specified in subdivision (h).
(j) (1) Except as provided in subdivision (d), a health care provider may impose a reasonable, cost-
based fee for providing a paper or electronic copy or summary of patient records, provided the
fee includes only the cost of the following:
(A) Labor for copying the patient records requested by the patient or patient’s personal
representative, whether in paper or electronic form.
277
(B) Supplies for creating the paper copy or electronic media if the patient or patient’s personal
representative requests that the electronic copy be provided on portable media.
(C) Postage, if the patient or patient’s personal representative has requested the copy, or the
summary or explanation, be mailed.
(D) Preparing an explanation or summary of the patient record, if agreed to by the patient or
patient’s personal representative.
(2) The fee from a health care provider shall not exceed twenty-five cents ($0.25) per page for
paper copies or fifty cents ($0.50) per page for records that are copied from microfilm.
§ 124260. MENTAL HEALTH SERVICES FOR MINORS
(a) As used in this section:
(1) “Mental health treatment or counseling services” means the provision of outpatient mental
health treatment or counseling by a professional person, as defined in paragraph (2).
(2) “Professional person” means any of the following:
(A) A person designated as a mental health professional in Sections 622 to 626, inclusive, of
Title 9 of the California Code of Regulations.
(B) A marriage and family therapist, as defined in Chapter 13 (commencing with Section 4980)
of Division 2 of the Business and Professions Code.
(C) A licensed educational psychologist, as defined in Chapter 13.5 (commencing with Section
4989.10) of Division 2 of the Business and Professions Code.
(D) A credentialed school psychologist, as described in Section 49424 of the Education Code.
(E) A clinical psychologist licensed under Chapter 6.6 (commencing with Section 2900) of
Division 2 of the Business and Professions Code.
(F) Any of the following persons, while working under the supervision of a licensed professional
specified in Section 2902 of the Business and Professions Code:
(i) A registered psychologist, as defined in Section 2909.5 of the Business and Professions
Code.
(ii) A registered psychological assistant, as defined in Section 2913 of the Business and
Professions Code.
(iii) A psychology trainee, as defined in Section 1387 of Title 16 of the California Code of
Regulations.
(G) A licensed clinical social worker, as defined in Chapter 14 (commencing with Section 4991)
of Division 2 of the Business and Professions Code.
(H) An associate clinical social worker, or a social work intern, as defined in Chapter 14
(commencing with Section 4991) of Division 2 of the Business and Professions Code, while
working under the supervision of a licensed professional specified in Section 4996.20 of the
Business and Professions Code.
278
(I) A person registered as an associate marriage and family therapist or a marriage and family
therapist trainee, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of
the Business and Professions Code, while working under the supervision of a licensed
professional specified in subdivision (g) of Section 4980.03 of the Business and Professions
Code.
(J) A board certified, or board eligible, psychiatrist.
(K) A licensed professional clinical counselor, as defined in Chapter 16 (commencing with
Section 4999.10) of Division 2 of the Business and Professions Code.
(L) A person registered as an associate professional clinical counselor or a clinical counselor
trainee, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code, while working under the supervision of a licensed
professional specified in subdivision (h) of Section 4999.12 of the Business and Professions
Code.
(b) (1) Notwithstanding any provision of law to the contrary, a minor who is 12 years of age or older
may consent to mental health treatment or counseling services if, in the opinion of the attending
professional person, the minor is mature enough to participate intelligently in the mental health
treatment or counseling services.
(2) A marriage and family therapist trainee, a clinical counselor trainee, a psychology trainee, or a
social work intern, as specified in paragraph (2) of subdivision (a), shall notify his or her
supervisor or, if the supervisor is unavailable, an on-call supervisor at the site where the trainee
or intern volunteers or is employed within 24 hours of treating or counseling a minor pursuant to
paragraph (1). If upon the initial assessment of the minor the trainee or intern believes that the
minor is a danger to self or to others, the trainee or intern shall notify the supervisor or, if the
supervisor is unavailable, the on-call supervisor immediately after the treatment or counseling
session.
(3) Nothing in paragraph (2) is intended to supplant, alter, expand, or remove any other reporting
responsibilities required of trainees or interns under law.
(c) Notwithstanding any provision of law to the contrary, the mental health treatment or counseling of
a minor authorized by this section shall include involvement of the minor’s parent or guardian,
unless the professional person who is treating or counseling the minor, after consulting with the
minor, determines that the involvement would be inappropriate. The professional person who is
treating or counseling the minor shall state in the client record whether and when the person
attempted to contact the minor’s parent or guardian, and whether the attempt to contact was
successful or unsuccessful, or the reason why, in the professional person’s opinion, it would be
inappropriate to contact the minor’s parent or guardian.
(d) The minor’s parent or guardian is not liable for payment for mental health treatment or counseling
services provided pursuant to this section unless the parent or guardian participates in the mental
health treatment or counseling, and then only for services rendered with the participation of the
parent or guardian.
(e) This section does not authorize a minor to receive convulsive treatment or psychosurgery, as
defined in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or
psychotropic drugs without the consent of the minor’s parent or guardian.
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CALIFORNIA WELFARE AND INSTITUTIONS CODE
§ 14029.8. MENTAL HEALTH SERVICES FOR MINORS; MEDI-CAL
Section 124260 of the Health and Safety Code shall not apply to the receipt of benefits under the
Medi-Cal program.
§ 15630. ELDER AND DEPENDENT ADULT ABUSE REPORTING
(a) A person who has assumed full or intermittent responsibility for the care or custody of an elder or
dependent adult, whether or not they receive compensation, including administrators, supervisors,
and any licensed staff of a public or private facility that provides care or services for elder or
dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy
member, or employee of a county adult protective services agency or a local law enforcement
agency, is a mandated reporter.
(b) (1) A mandated reporter who, in their professional capacity, or within the scope of their
employment, has observed or has knowledge of an incident that reasonably appears to be
physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial
abuse, or neglect, or is told by an elder or dependent adult that they have experienced
behavior, including an act or omission, constituting physical abuse, as defined in Section
15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably
suspects that abuse, shall report the known, suspected, or alleged instance of abuse by
telephone or through a confidential internet reporting tool, as authorized by Section 15658,
immediately or as soon as practicably possible. If reported by telephone, a written report shall
be sent, or an internet report shall be made through the confidential internet reporting tool
established in Section 15658, within two working days.
(A) If the known, suspected, or alleged abuse occurred in a long-term care facility, except a
state mental health hospital or a state developmental center, the following shall occur:
(i) If the abuse was allegedly caused by another resident of the facility with dementia
diagnosed by a licensed physician and there was no serious bodily injury, the reporter
shall submit a written report of the known, suspected, or alleged instance of abuse to
both of the following agencies within 24 hours:
(I) The long-term care ombudsman.
(II) The local law enforcement agency.
(ii) In all other instances, immediately or as soon as practically possible, but no longer than
two hours, the reporter shall submit a verbal report of the known, suspected, or alleged
instance of abuse to the local law enforcement agency, and shall submit a written report
to all of the following agencies within 24 hours:
(I) The long-term care ombudsman.
(II) The local law enforcement agency.
(III) The corresponding state licensing agency.
280
(iii) For purposes of this subparagraph, the time limit for reporting begins when the
mandated reporter observes, obtains knowledge of, or suspects the abuse or neglect.
(B) When applicable, reports made pursuant to clauses (i) and (ii) of subparagraph (A) shall be
deemed to satisfy the reporting requirements of the federal Elder Justice Act of 2009, as
set out in Subtitle H of the federal Patient Protection and Affordable Care Act (Public Law
111-148), Section 1418.91 of the Health and Safety Code, and Section 72541 of Title 22 of
the California Code of Regulations. When a local law enforcement agency receives an
initial report of suspected abuse in a long-term care facility pursuant to subparagraph (A),
the local law enforcement agency may coordinate efforts with the local ombudsman to
provide the most immediate and appropriate response warranted to investigate the
mandated report. The local ombudsman and local law enforcement agencies may
collaborate to develop protocols to implement subparagraph (A).
(C) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other law, the
department may implement subparagraphs (A) and (B), in whole or in part, by means of all-
county letters, provider bulletins, or other similar instructions without taking regulatory
action.
(D) With regard to abuse reported pursuant to subparagraphs (A) and (B), the local
ombudsman and the local law enforcement agency shall, as soon as practicable, except in
the case of an emergency or pursuant to a report required to be made pursuant to clause
(v), in which case these actions shall be taken immediately, do all of the following:
(i) Report to the State Department of Public Health any case of known or suspected abuse
occurring in a long-term health care facility, as defined in subdivision (a) of Section 1418
of the Health and Safety Code.
(ii) Report to the State Department of Social Services any case of known or suspected
abuse occurring in a residential care facility for the elderly, as defined in Section 1569.2
of the Health and Safety Code, or in an adult day program, as defined in paragraph (2)
of subdivision (a) of Section 1502 of the Health and Safety Code.
(iii) Report to the State Department of Public Health and the California Department of
Aging any case of known or suspected abuse occurring in an adult day health care
center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code.
(iv) Report to the Division of Medi-Cal Fraud and Elder Abuse any case of known or
suspected criminal activity.
(v) Report all cases of known or suspected physical abuse and financial abuse to the local
district attorney’s office in the county where the abuse occurred.
(E) (i) If the suspected or alleged abuse or neglect occurred in a state mental hospital or a
state developmental center, and the suspected or alleged abuse or neglect resulted in
any of the following incidents, a report shall be made immediately, but no later than
within two hours of the mandated reporter observing, obtaining knowledge of, or
suspecting abuse, to designated investigators of the State Department of State
Hospitals or the State Department of Developmental Services, and to the local law
enforcement agency:
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(I) A death.
(II) A sexual assault, as defined in Section 15610.63.
(III) An assault with a deadly weapon, as described in Section 245 of the Penal Code,
by a nonresident of the state mental hospital or state developmental center.
(IV) An assault with force likely to produce great bodily injury, as described in Section
245 of the Penal Code.
(V) An injury to the genitals when the cause of the injury is undetermined.
(VI) A broken bone when the cause of the break is undetermined.
(ii) All other reports of suspected or alleged abuse or neglect that occurred in a state
mental hospital or a state developmental center shall be made immediately, but no
later than within two hours of the mandated reporter observing, obtaining knowledge of,
or suspecting abuse, to designated investigators of the State Department of State
Hospitals or the State Department of Developmental Services, or to the local law
enforcement agency.
(iii) When a local law enforcement agency receives an initial report of suspected or alleged
abuse or neglect in a state mental hospital or a state developmental center pursuant to
clause (i), the local law enforcement agency shall coordinate efforts with the
designated investigators of the State Department of State Hospitals or the State
Department of Developmental Services to provide the most immediate and appropriate
response warranted to investigate the mandated report. The designated investigators
of the State Department of State Hospitals or the State Department of Developmental
Services and local law enforcement agencies may collaborate to develop protocols to
implement this clause.
(iv) Except in an emergency, the local law enforcement agency shall, as soon as
practicable, report any case of known or suspected criminal activity to the Division of
Medi-Cal Fraud and Elder Abuse.
(v) Notwithstanding any other law, a mandated reporter who is required to report pursuant
to Section 4427.5 shall not be required to report under clause (i).
(F) If the abuse has occurred in any place other than a long-term care facility, a state mental
hospital, or a state developmental center, the report shall be made to the adult protective
services agency or the local law enforcement agency.
(2) (A) A mandated reporter who is a clergy member who acquires knowledge or reasonable
suspicion of elder or dependent adult abuse during a penitential communication is not
subject to paragraph (1). For purposes of this subdivision, “penitential communication”
means a communication that is intended to be in confidence, including, but not limited to, a
sacramental confession made to a clergy member who, in the course of the discipline or
practice of their church, denomination, or organization is authorized or accustomed to hear
those communications and under the discipline tenets, customs, or practices of their
church, denomination, or organization, has a duty to keep those communications secret.
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(B) This subdivision shall not modify or limit a clergy member’s duty to report known or
suspected elder and dependent adult abuse if they are acting in the capacity of a care
custodian, health practitioner, or employee of an adult protective services agency.
(C) Notwithstanding this section, a clergy member who is not regularly employed on either a
full-time or part-time basis in a long-term care facility or does not have care or custody of
an elder or dependent adult shall not be responsible for reporting abuse or neglect that is
not reasonably observable or discernible to a reasonably prudent person having no
specialized training or experience in elder or dependent care.
(3) (A) A mandated reporter who is a physician and surgeon, a registered nurse, or a
psychotherapist, as defined in Section 1010 of the Evidence Code, shall not be required to
report, pursuant to paragraph (1), an incident if all of the following conditions exist:
(i) The mandated reporter has been told by an elder or dependent adult that they have
experienced behavior constituting physical abuse, as defined in Section 15610.63,
abandonment, abduction, isolation, financial abuse, or neglect.
(ii) The mandated reporter is unaware of any independent evidence that corroborates the
statement that the abuse has occurred.
(iii) The elder or dependent adult has been diagnosed with a mental illness or dementia, or
is the subject of a court-ordered conservatorship because of a mental illness or
dementia.
(iv) In the exercise of clinical judgment, the physician and surgeon, the registered nurse, or
the psychotherapist, as defined in Section 1010 of the Evidence Code, reasonably
believes that the abuse did not occur.
(B) This paragraph shall not impose upon mandated reporters a duty to investigate a known or
suspected incident of abuse and shall not lessen or restrict any existing duty of mandated
reporters.
(4) (A) In a long-term care facility, a mandated reporter shall not be required to report as a
suspected incident of abuse, as defined in Section 15610.07, an incident if all of the
following conditions exist:
(i) The mandated reporter is aware that there is a proper plan of care.
(ii) The mandated reporter is aware that the plan of care was properly provided or
executed.
(iii) A physical, mental, or medical injury occurred as a result of care provided pursuant to
clause (i) or (ii).
(iv) The mandated reporter reasonably believes that the injury was not the result of abuse.
(B) This paragraph shall neither require a mandated reporter to seek, nor preclude a mandated
reporter from seeking, information regarding a known or suspected incident of abuse before
reporting. This paragraph shall apply only to those categories of mandated reporters that
the State Department of Public Health determines, upon approval by the Division of Medi-
Cal Fraud and Elder Abuse and the state long-term care ombudsman, have access to
283
plans of care and have the training and experience necessary to determine whether the
conditions specified in this section have been met.
(c) (1) Any mandated reporter who has knowledge, or reasonably suspects, that types of elder or
dependent adult abuse for which reports are not mandated have been inflicted upon an elder
or dependent adult, or that their emotional well-being is endangered in any other way, may
report the known or suspected instance of abuse.
(2) If the suspected or alleged abuse occurred in a long-term care facility other than a state mental
health hospital or a state developmental center, the report may be made to the long-term care
ombudsman program. Except in an emergency, the local ombudsman shall report any case of
known or suspected abuse to the State Department of Public Health and any case of known or
suspected criminal activity to the Division of Medi-Cal Fraud and Elder Abuse, as soon as is
practicable.
(3) If the suspected or alleged abuse occurred in a state mental health hospital or a state
developmental center, the report may be made to the designated investigator of the State
Department of State Hospitals or the State Department of Developmental Services or to a local
law enforcement agency. Except in an emergency, the local law enforcement agency shall
report any case of known or suspected criminal activity to the Division of Medi-Cal Fraud and
Elder Abuse, as soon as is practicable.
(4) If the suspected or alleged abuse occurred in a place other than a place described in
paragraph (2) or (3), the report may be made to the county adult protective services agency.
(5) If the conduct involves criminal activity not covered in subdivision (b), it may be immediately
reported to the appropriate law enforcement agency.
(d) If two or more mandated reporters are present and jointly have knowledge or reasonably suspect
that types of abuse of an elder or a dependent adult for which a report is or is not mandated have
occurred, and there is agreement among them, the telephone report or internet report, as
authorized by Section 15658, may be made by a member of the team selected by mutual
agreement, and a single report may be made and signed by the selected member of the reporting
team. Any member who has knowledge that the member designated to report has failed to do so
shall thereafter make the report.
(e) A telephone report or internet report, as authorized by Section 15658, of a known or suspected
instance of elder or dependent adult abuse shall include, if known, the name of the person making
the report, the name and age of the elder or dependent adult, the present location of the elder or
dependent adult, the names and addresses of family members or any other adult responsible for
the elder’s or dependent adult’s care, the nature and extent of the elder’s or dependent adult’s
condition, the date of the incident, and any other information, including information that led that
person to suspect elder or dependent adult abuse, as requested by the agency receiving the
report.
(f) The reporting duties under this section are individual, and no supervisor or administrator shall
impede or inhibit the reporting duties, and no person making the report shall be subject to any
sanction for making the report. However, internal procedures to facilitate reporting, ensure
confidentiality, and apprise supervisors and administrators of reports may be established,
provided they are not inconsistent with this chapter.
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(g) (1) Whenever this section requires a county adult protective services agency to report to a law
enforcement agency, the law enforcement agency shall, immediately upon request, provide a
copy of its investigative report concerning the reported matter to that county adult protective
services agency.
(2) Whenever this section requires a law enforcement agency to report to a county adult protective
services agency, the county adult protective services agency shall, immediately upon request,
provide to that law enforcement agency a copy of its investigative report concerning the
reported matter.
(3) The requirement to disclose investigative reports pursuant to this subdivision shall not include
the disclosure of social services records or case files that are confidential, nor shall this
subdivision allow disclosure of any reports or records if the disclosure would be prohibited by
any other state or federal law.
(h) Failure to report, or impeding or inhibiting a report of, physical abuse, as defined in Section
15610.63, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent
adult, in violation of this section, is a misdemeanor, punishable by not more than six months in the
county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and
imprisonment. A mandated reporter who willfully fails to report, or impedes or inhibits a report of,
physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial
abuse, or neglect of an elder or dependent adult, in violation of this section, if that abuse results in
death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine
of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. If a
mandated reporter intentionally conceals their failure to report an incident known by the mandated
reporter to be abuse or severe neglect under this section, the failure to report is a continuing
offense until a law enforcement agency specified in paragraph (1) of subdivision (b) discovers the
offense.
(i) For purposes of this section, “dependent adult” has the same meaning as that term is defined in
Section 15610.23.
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CALIFORNIA FAMILY CODE
§ 6924. MENTAL HEALTH TREATMENT OF MINORS; INOPERATIVE JULY 1, 2024
(a) As used in this section:
(1) “Mental health treatment or counseling services” means the provision of mental health
treatment or counseling on an outpatient basis by any of the following:
(A) A governmental agency.
(B) A person or agency having a contract with a governmental agency to provide the services.
(C) An agency that receives funding from community united funds.
(D) A runaway house or crisis resolution center.
(E) A professional person, as defined in paragraph (2).
(2) “Professional person” means any of the following:
(A) A person designated as a mental health professional in Sections 622 to 626, inclusive, of
Article 8 of Subchapter 3 of Chapter 1 of Title 9 of the California Code of Regulations.
(B) A marriage and family therapist as defined in Chapter 13 (commencing with Section 4980)
of Division 2 of the Business and Professions Code.
(C) A licensed educational psychologist as defined in Chapter 13.5 (commencing with Section
4989.10) of Division 2 of the Business and Professions Code.
(D) A credentialed school psychologist as described in Section 49424 of the Education Code.
(E) A clinical psychologist as defined in Section 1316.5 of the Health and Safety Code.
(F) The chief administrator of an agency referred to in paragraph (1) or (3).
(G) A person registered as an associate marriage and family therapist, as defined in Chapter
13 (commencing with Section 4980) of Division 2 of the Business and Professions Code,
while working under the supervision of a licensed professional specified in subdivision (g)
of Section 4980.03 of the Business and Professions Code.
(H) A licensed professional clinical counselor, as defined in Chapter 16 (commencing with
Section 4999.10) of Division 2 of the Business and Professions Code.
(I) A person registered as an associate professional clinical counselor, as defined in Chapter
16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code,
while working under the supervision of a licensed professional specified in subdivision (h) of
Section 4999.12 of the Business and Professions Code.
(3) “Residential shelter services” means any of the following:
(A) The provision of residential and other support services to minors on a temporary or
emergency basis in a facility that services only minors by a governmental agency, a person
286
or agency having a contract with a governmental agency to provide these services, an
agency that receives funding from community funds, or a licensed community care facility
or crisis resolution center.
(B) The provision of other support services on a temporary or emergency basis by any
professional person as defined in paragraph (2).
(b) A minor who is 12 years of age or older may consent to mental health treatment or counseling on
an outpatient basis, or to residential shelter services, if both of the following requirements are
satisfied:
(1) The minor, in the opinion of the attending professional person, is mature enough to participate
intelligently in the outpatient services or residential shelter services.
(2) The minor (A) would present a danger of serious physical or mental harm to self or to others
without the mental health treatment or counseling or residential shelter services, or (B) is the
alleged victim of incest or child abuse.
(c) A professional person offering residential shelter services, whether as an individual or as a
representative of an entity specified in paragraph (3) of subdivision (a), shall make their best
efforts to notify the parent or guardian of the provision of services.
(d) The mental health treatment or counseling of a minor authorized by this section shall include
involvement of the minor’s parent or guardian unless, in the opinion of the professional person
who is treating or counseling the minor, the involvement would be inappropriate. The professional
person who is treating or counseling the minor shall state in the client record whether and when
the person attempted to contact the minor’s parent or guardian, and whether the attempt to
contact was successful or unsuccessful, or the reason why, in the professional person’s opinion, it
would be inappropriate to contact the minor’s parent or guardian.
(e) The minor’s parents or guardian are not liable for payment for mental health treatment or
counseling services provided pursuant to this section unless the parent or guardian participates in
the mental health treatment or counseling, and then only for services rendered with the
participation of the parent or guardian. The minor’s parents or guardian are not liable for payment
for any residential shelter services provided pursuant to this section unless the parent or guardian
consented to the provision of those services.
(f) This section does not authorize a minor to receive convulsive therapy or psychosurgery as defined
in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor’s parent or guardian.
(g) This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.
§ 6924. MENTAL HEALTH TREATMENT OF MINORS; OPERATIVE JULY 1, 2024
(a) As used in this section:
(1) “Mental health treatment or counseling services” means the provision of mental health
treatment or counseling on an outpatient basis by any of the following:
(A) A governmental agency.
287
(B) A person or agency having a contract with a governmental agency to provide the services.
(C) An agency that receives funding from community united funds.
(D) A runaway house or crisis resolution center.
(E) A professional person, as defined in paragraph (2).
(2) “Professional person” means either of the following:
(A) A professional person as defined in Section 124260 of the Health and Safety Code.
(B) The chief administrator of an agency referred to in paragraph (1) or (3).
(3) “Residential shelter services” means any of the following:
(A) The provision of residential and other support services to minors on a temporary or
emergency basis in a facility that services only minors by a governmental agency, a person
or agency having a contract with a governmental agency to provide these services, an
agency that receives funding from community funds, or a licensed community care facility
or crisis resolution center.
(B) The provision of other support services on a temporary or emergency basis by any
professional person as defined in paragraph (2).
(b) A minor who is 12 years of age or older may consent to mental health treatment or counseling on
an outpatient basis, or to residential shelter services, if the minor, in the opinion of the attending
professional person, is mature enough to participate intelligently in the outpatient services or
residential shelter services.
(c) A professional person offering residential shelter services, whether as an individual or as a
representative of an entity specified in paragraph (3) of subdivision (a), shall make their best
efforts to notify the parent or guardian of the provision of services.
(d) The mental health treatment or counseling of a minor authorized by this section shall include
involvement of the minor’s parent or guardian unless the professional person who is treating or
counseling the minor, after consulting with the minor, determines that the involvement would be
inappropriate. The professional person who is treating or counseling the minor shall state in the
client record whether and when the person attempted to contact the minor’s parent or guardian,
and whether the attempt to contact was successful or unsuccessful, or the reason why, in the
professional person’s opinion, it would be inappropriate to contact the minor’s parent or guardian.
(e) The minor’s parents or guardian are not liable for payment for mental health treatment or
counseling services provided pursuant to this section unless the parent or guardian participates in
the mental health treatment or counseling, and then only for services rendered with the
participation of the parent or guardian. The minor’s parents or guardian are not liable for payment
for any residential shelter services provided pursuant to this section unless the parent or guardian
consented to the provision of those services.
(f) This section does not authorize a minor to receive convulsive therapy or psychosurgery as defined
in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor’s parent or guardian.
(g) This section shall become operative on July 1, 2024.
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INDEX
All sections in the Index refer to the California Business and Professions Code or Title 16, Division 18
of the California Code of Regulations, unless otherwise indicated. References to “Marriage and
Family Therapist,” “Clinical Social Worker,” and “Professional Clinical Counselor” apply to both
Associates and Licensees (and MFT Trainees) unless otherwise specified. This index is not intended
as a guide to all legal requirements and qualifications. For the full legal requirements and
qualifications, refer to the actual legal codes.
A
ABANDONMENT OF APPLICATION 1806
ACCREDITATION 4980.03, 4980.36, 4980.37, 4991.2, 4999.12
ACCUSATIONS (Statute of Limitations) 4982.05, 4990.32
ADDRESS OF RECORD 27, 1804
ADDRESS CHANGE 1804
ADMINISTRATION CHAPTER 13.7 (4990 - 4990.42)
Administration and Enforcement of Chapter 4990.12
Board Members (also see BOARD MEMBERS) 4990
Board Seal 4990.14
Delegation of Certain Functions 1803
Employees 4980.70, 4990.06
Executive Officer (see EXECUTIVE OFFICER)
Powers and Duties of the Board
4980.35, 4989, 4990.12, 4990.20, 4990.24, 4999.14
Public Protection 4990.16
Records of Applicants and Licensees 4990.08
Research and Studies 4990.10
Resources, Use of 4990.18
Revenue
Appropriation of Funds 4990.22, 4999.116
Expenditures 4990.22, 4999.116
Records of Funds; Report/Payment of Revenue 4984.5, 4989.70, 4990.22, 4999.114
Surplus Funds 4990.22, 4999.116
Rules and Regulations 4980.60, 4988.2, 4989.18, 4990.20, 4999.48
Sunset 4989, 4990, 4990.04, 4990.24
ADVERTISING 4980.44, 4980.48, 1811
Definition 4980.03, 4989.49, 4992.2, 4999.12
False and Misleading Advertisements
Clinical Social Worker 651, 4992.3, 1881
Educational Psychologist 651, 4989.54, 1858
Marriage and Family Therapist 651, 4982, 1845
Professional Clinical Counselor 651, 4999.90
AGING AND LONG-TERM CARE TRAINING 4980.36, 4980.39, 4996.25, 4996.26,
4999.32, 4999.33
ALCOHOLISM/SUBSTANCE DEPENDENCY
TRAINING
29, 4980.36, 4980.41, 4980.81, 4996.2,
4996.17.2, 4999.32, 4999.33, 1807.3, 1810.5,
1887.3
289
A (continued)
APPLICANT
Associate Applicant / 90-Day Rule 4980.43, 4996.23, 4999.46
Definition of Applicant 125.6
Definition of Applicant for Licensure 4980.03, 4999.12, 1805.05
APPLICATIONS 1805
Abandonment or Ineligibility 4984.72, 4989.22, 4996.4, 4999.64, 1806
Denial (see DENIAL OF APPLICATION)
Fraud, False Statements, Misrepresentation or
Impersonation
480, 4982, 4989.54, 4992.3, 4992.7, 4999.90,
1887.1
ASSOCIATE CLINICAL SOCIAL WORKER (See
CLINICAL SOCIAL WORKER, ASSOCIATE)
ASSOCIATE MARRIAGE AND FAMILY
THERAPIST (See MARRIAGE AND FAMILY
THERAPIST, ASSOCIATE)
ASSOCIATE PROFESSIONAL CLINICAL
COUNSELOR (See PROFESSIONAL CLINICAL
COUNSELOR, ASSOCIATE)
B
BOARD MEMBERS
Appointment 4990
Chairperson and Vice Chairperson 4990
Delegation of Certain Functions 1803
Duty of Enforcement 4990.12
Number of Board Members 4990
Per Diem and Expenses 4990
Powers 4990.12, 4990.20, 4990.24
Qualifications of Members 4990
Term of Office 4990
Vacancies 4990
BOARD SEAL 4990.14
BOARD TITLE 4990.02, 4990.26
C
CANCELLED LICENSE 4984.4, 4989.42, 4996.6, 4999.106
CEASE PRACTICE ORDER 315.2, 315.4
CERTIFICATION OF GOOD STANDING 4984.7, 4989.68, 4996.3, 4999.120
CHEMICAL DEPENDENCY 4982.1, 4989.54, 4990.28, 4992.35, 4999.90
CHILD ABUSE REPORTING REQUIREMENT 1845, 1881; Penal Code §11166
CHILD ABUSE TRAINING REQUIREMENT 28, 4980.41, 4980.72, 4980.81, 4996.2,
4996.17.1, 4996.17.2, 4999.32, 4999.33,
4999.60, 4999.62, 1807.2, 1810.5
CHILD CUSTODY EVALUATION 129
290
C (continued)
CITATIONS AND FINES
Administrative Hearing 1886.70
Authority 1886
Citable Offenses 1886.40
Compliance with Citation 1886.60
Consideration of Factors 1886.30
Contested Citations 1886.70
Disconnection of Telephone Service (Unlicensed
Persons)
1886.80
Exceptions 1886.50
Fines 1886.40, 1886.60
Format of Citation 1886.20
Informal Conference 1886.70
Order of Abatement 1886.60
Publication on Internet 4990.09
Unlicensed Practice 1886.10
CLINICAL SOCIAL WORK
Accredited School of Social Work 4991.2
Activities of a Psychosocial Nature 4996.14
Definition of Clinical Social Work 4996.9
Necessity of License 4996
Other Professional Groups 4996.13
Persons from Out-of-State – Consultation or
Education
4996.16
Social Work Student Interns 4996.15
CLINICAL SOCIAL WORKER, APPLICANT FOR
LICENSURE (also see EXPERIENCE and
SUPERVISION)
4996.2, 4996.23, 4996.25
CLINICAL SOCIAL WORKER, ASSOCIATE
Continuing Education Requirements 4992.09, 4996.22, 4996.28
Degree Requirements 4991.2, 4996.18
Employment as Independent Contractor Prohibited
4996.23.2
Employment in Private Practice or Professional
Corporation
4996.23, 4996.23.2, 4996.23.3
Experience (see EXPERIENCE)
Law and Ethics Exam 4992.05, 4992.09
Location of Services 4996.23.3
Notice to Clients 4996.18
Out-of-State Applicant 4996.17.1, 4996.17.2
Proprietary Interest – Prohibited 4996.23.2
Qualifications for Registration 4996.18
Remuneration from Clients – Prohibited 4996.23.2
Remuneration from Employer 4996.23.2
Renewal 4996.28
Subsequent Associate Registration 4996.28
291
C (continued)
Supervision (see SUPERVISION)
Temporary Staffing Agency Placement 1869.3
Time Limit for Registration 4996.28
Unprofessional Conduct 4992.3, 1881
Volunteer Services 4996.23.2
Weekly Logs of Experience 1869
CLINICAL SOCIAL WORKER, LICENSED
Continuing Education Requirements 4996.22, 4996.26, 1887 – 1887.12
Display of License 4996.7, 4996.8
Employment of Associates in Private Practice or
Professional Corporation
4996.23, 4996.23.2, 4996.23.3, 4996.28
Fictitious Business Names 4998.2
Inactive License 4997
Renewal (See RENEWAL)
Retired License 4997.1
Scope of Practice 4996.9
Unprofessional Conduct 4992.3, 4998.1, 1881
Violation/Punishment 4996.12
CONFIDENTIALITY 4982, 4989.54, 4992.3, 4999.90, 1881
CONTINUING EDUCATION 166, 1887 – 1887.12
Alcoholism/Chemical Substance Dependency 29, 1807.3, 1887.3
Approval Agencies and Responsibilities 1887, 1887.4.1, 1887.4.2
Audit of Records 4996.22, 4989.34, 4980.54, 4999.76
Course Content 1887.4.0
Course Records 1887.11.0, 1887.12
Course Requirements 1887.3
Definitions 1887
Exceptions From 4980.54, 4989.34, 4996.22, 4999.76, 1887.2
Falsifying or Misrepresenting Continuing
Education Credit
1887.1
Hours of Continuing Education Credit -
Equivalency
1887.5
Hours of Continuing Education Required 4980.54, 4989.34, 4996.22, 4999.76, 1887.3
Law and Ethics Course Required 1887.3
Licensee Requirements
Clinical Social Workers 4996.22, 4996.26, 1887 – 1887.12
Educational Psychologists 4989.34, 1887 – 1887.12
Marriage and Family Therapists 4980.54, 1887 – 1887.12
Professional Clinical Counselors 4999.76, 1887 – 1887.12
Renewal Certification 1887.1
Provider Requirements and Responsibilities 4980.54, 4989.34, 4996.22, 4999.76, 1887,
1887.4.1, 1887.4.3
CORE CONTENT AREAS, LPCC 4999.32, 4999.33
CORPORATIONS, PROFESSIONAL
Application of Article, Clinical Social Workers 4996.19
292
C (continued)
Definition 4987.5, 4998, 4999.123
Directors, Shareholders and Officers 4987.8, 4998, 4998.3, 4999.126
Employment of Associates 4980.43.4, 4996.23.3, 4999.46.4
Fictitious Business Names 4987.7, 4998.2, 4999.125
Income Attributable to Shareholder who is
Disqualified Person
4988, 4998.4, 4999.127, 1850.7
Insurance Against Claims 4990.20, 4999.129
Name of Corporation 4987.7, 4998.2, 4999.125, 1850.6
Rules and Regulations 4988.2, 4999.129
Sales of Stock Owned by Disqualified or
Deceased Person
4988, 4990.20, 1850.7
Shares; Ownership and Transfers 1850.7
Unprofessional Conduct
4987.6, 4988.1, 4998.1, 4998.5, 4999.124,
4999.128
COURSEWORK, ADDITIONAL
Aging and Long-Term Care 4980.36, 4980.37, 4980.39, 4996.25,
4999.32, 4999.33
Alcoholism and Chemical Dependency 4980.36, 4980.41, 4980.81, 4996.2,
4996.17.2, 4999.32, 4999.33, 1807.3
Child Abuse Assessment and Reporting 28, 4980.36, 4980.41, 4980.81, 4996.2,
4996.17.1, 4996.17.2, 4999.32, 4999.33,
1807.2, 1810.5
Elder and Dependent Adult Abuse Assessment
and Reporting
4980.39, 4996.26, 4999.32, 4999.33
Human Sexuality 25, 4980.41, 4996.2, 4999.32, 4999.33, 1807,
1810.5
Provision of Mental Health Services via
Telehealth
4980.395, 4989.23.1, 4996.27.1, 4999.67
Psychological Testing 4980.36, 4980.41, 4980.81, 4999.32, 4999.33
Psychopharmacology 4980.36, 4980.41, 4980.81, 4999.32, 4999.33
Spousal and Partner Abuse Assessment 4980.36, 4980.41, 4980.81, 4996.2,
4996.17.2, 4999.32, 4999.33
Suicide Risk Assessment and Intervention 4980.396, 4989.23, 4996.27, 4999.66
D
DECLARATORY DECISIONS 1800
DEGREE REQUIREMENTS 4980.36, 4980.37, 4980.40, 4989.20,4996.2,
4999.32, 4999.33
DELINQUENT LICENSES
Fees 4984.7, 4989.68, 4996.3
Renewal of Expired License 4984.1, 4989.36, 4996.6, 4999.104
Time Limit for Renewal After Expiration 4984.4, 4989.42, 4996.6, 4999.104
DENIAL OF APPLICATION
Application Withdrawal 118
Criminal Convictions or Formal Discipline 480
293
D (continued)
Act That is Grounds for Revocation or
Suspension
490
Certificate of Rehab., Dismissal/Expungement 480
Conviction, Applicant 480, 490, 4980.40, 4989.24, 4989.26, 4989.28,
4996.2, 4999.51
Conviction, Licensee 480, 490, 4982, 4992.3, 4989.54, 4999.90
Disciplinary Action Imposed by a
State/Governmental Agency
4982.25, 4989.54, 4990.38 4992.36, 4999.42,
4999.51, 4999.91
False Statement on Application 480
Mental Illness or Chemical Dependency 820, 4982.1, 4989.26, 4990.28, 4992.35
Procedure by the Board Upon Denial 485
Sexual Abuse of Children or Sexual Offender 4980.40, 4989.24, 4996.2, 4999.42, 4999.51
Statement of Issues 485.
Unprofessional Conduct 4982, 4989.54, 4992.3, 4999.90 1823, 1845,
1858, 1881
DISCIPLINARY ACTION: LICENSE STATUS 118, 464, 4990.33
DISCIPLINARY GUIDELINES 1888
DISPLAY OF LICENSE 4980.31, 4989.48, 4996.7, 4996.8, 4999.70
E
EDUCATIONAL PSYCHOLOGIST, APPLICANT
FOR LICENSURE
4989.20, 4989.22, 1854, 1856
EDUCATIONAL PSYCHOLOGIST, LICENSED CHAPTER 13.5
Continuing Education Requirements 4989.34, 1807.2, 1807.3, 1887 - 1887.12
Display of License 4989.48
Educationally Related Mental Health Services 4989.14
Inactive License 4989.44
Renewal (see RENEWAL)
Retired License 4989
Scope of Practice 4989.14
Supervision 4980.03, 4980.43, 4980.48, 4989.14, 4996.20,
4996.23, 4999.12, 4999.46
Unprofessional Conduct and Violations 4989.54, 4989.66, 1858
EDUCATIONALLY RELATED MENTAL HEALTH
SERVICES
4980.03, 4989.14, 4996.20, 4999.12
ELECTRONIC MAIL ADDRESS 4990.07
EMOTIONAL SUPPORT DOGS Health and Safety Code §§122318 – 122319.5
EXAMINATIONS
Abandonment of Application 1806
Accommodations Gov. Code §§ 12925 – 12926.1; 1805.2
Applicant Requirements
Clinical Social Worker 4992.05 – 4992.1, 4996.1, 4996.4, 1877.1
Educational Psychologist 4989.22
Marriage and Family Therapist 4980.397 – 4980.399, 4980.40, 4980.50,
4984.72, 1829.1
294
E (continued)
Professional Clinical Counselor 4999.50, 4999.52 – 4999.55, 1822.50
California Law and Ethics Examination
Clinical Social Worker 4992.05 – 4992.09, 4992.1, 4996.28, 1877.1,
1877.2, 1877.3
Marriage and Family Therapist 4980.397 – 4980.399, 4980.40, 4980.50,
4984.01, 1829.1, 1829.2, 1829.3
Professional Clinical Counselor 4999.46.1, 4999.52, 4999.53, 4999.55,
4999.100, 1822.50 1822.51, 1822.52
Denying Admission to Examination 4980.50, 4989.22, 4992.1, 4999.52
Record Retention 4980.50, 4989.22, 4992.1, 4999.52
Re-Examinations 4984.72, 4989.22, 4996.4, 4999.64, 1805.05
Seven-Year Limitation on Examination Score 4980.50, 4992.1, 4999.52
Time and Place of Examinations 4980.50, 4992.5, 4999.52
Waiting Period Between Examinations 1805.05
EXECUTIVE OFFICER 4990.04
Delegation of Functions 1803
Powers and Duties 4990.04, 4990.12, 4990.24, 1886, 1886.10
EXEMPTIONS FROM LICENSURE
Clinical Social Work 4996.13, 4996.14, 4996.15
Educational Psychology 4989.16
Marriage and Family Therapy 4980.01
Professional Clinical Counseling 4999.22
EXEMPT SETTINGS 4980.05, 4996.14.1, 4999.25
EXPEDITED LICENSE 115.4, 115.5, 135.4
EXPERIENCE (also see SUPERVISION)
In-State Experience
Clinical Social Worker 4996.23, 4996.23.1, 4996.23.2,
Educational Psychologist 4989.20, 1856
Marriage and Family Therapist 4980.40, 4980.42, 4980.43, 4980.43.2,
4980.43.3
Professional Clinical Counselor 4999.46, 4999.46.2, 4999.46.3, 1820.5
Out-of-State Experience
Clinical Social Worker 4996.17.1, 4996.17.2, 1870.5
Educational Psychologist 4989.20, 1856
Marriage and Family Therapist 4980.72 – 4980.81, 1833.2
Professional Clinical Counselor 4999.60 – 4999.62, 1821.2
EXPIRATION OF LICENSE/REGISTRATION (also
see RENEWAL)
4984, 4984.01, 4996.6, 4996.28, 4989.30,
4999.100, 4999.102, 1846
F
FEES
Clinical Social Worker 4992, 4996.3, 4996.6, 4996.28, 4997, 1816,
1816, 1816.1, 1816.2, 1816.4
Educational Psychologist 4989.44, 4989.68
1816, 1816.1, 1816.2, 1816.4
295
F (continued)
Failure to Disclose Fees in Advance 4982, 4989.54, 4992.3, 4999.90, 1881
Marriage and Family Therapist 4984.7, 4984.75, 4984.8
1816, 1816.1, 1816.2, 1816.4
Professional Clinical Counselor 4999.64, 4999.104, 4999.112, 4999.120
1816, 1816.1, 1816.2, 1816.4
FICTITIOUS BUSINESS NAMES 4980.46, 4989.47, 4987.7, 4992.10, 4998.2,
4999.72, 4999.125
FINGERPRINTING 4980.43, 4996.23, 4999.46, 4999.51, 1815
FOREIGN DEGREES 4980.76, 4996.18, 4999.40, 1832
FRAUDULENT, DISHONEST, OR CORRUPT
ACTS
480, 4982, 4989.54, 4992.3, 4999.90, 1881
H
HUMAN SEXUALITY TRAINING 25, 4980.41, 4996.2, 4999.32, 4999.33, 1807,
1810.5
I
INACTIVE LICENSE 4984.8, 4989.44, 4997, 4999.112, 1887.2
INJUNCTION 4983.1, 4989.64, 4999.88
L
LICENSE
(See: CLINICAL SOCIAL WORKER, LICENSED
EDUCATIONAL PSYCHOLOGIST,
LICENSED
MARRIAGE AND FAMILY THERAPIST,
LICENSED
PROFESSIONAL CLINICAL COUNSELOR,
LICENSED)
Qualifications for Licensure
(See: CLINICAL SOCIAL WORKER,
APPLICANT FOR LICENSURE
EDUCATIONAL PSYCHOLOGIST,
APPLICANT FOR LICENSURE
MARRIAGE AND FAMILY THERAPIST,
APPLICANT FOR LICENSURE
PROFESSIONAL CLINICAL
COUNSELOR, APPLICANT FOR
LICENSURE)
LICENSE VERIFICATION - ONLINE 4990.13
296
M
MARRIAGE & FAMILY THERAPIST, APPLICANT
FOR LICENSURE (also see EXPERIENCE and
SUPERVISION)
4980.39, 4980.40, 4980.41, 4980.42
MARRIAGE AND FAMILY THERAPIST, ASSOCIATE
Continuing Education Requirements 4980.399, 4980.54, 4984.01
Degree Requirements 4980.36, 4980.37
Employment as Independent Contractor Prohibited 4980.43.3
Employment in Private Practice/Prof. Corporation 4980.43, 4980.43.4
Experience (see EXPERIENCE)
Law and Ethics Exam 4980.397, 4980.399
Location of Services 4980.43.4
Notice to Clients 4980.44
Out-of-State Applicant 4980.74, 4980.76, 4980.78, 4980.81
Proprietary Interest – Prohibited 4980.43.3
Qualifications for Registration 4980.36, 4980.37, 4980.44
Remuneration from Clients – Prohibited 4980.43.3
Remuneration from Employer 4980.43.3
Renewal 4984.01
Subsequent Associate Registration 4984.01
Supervision (see SUPERVISION)
Temporary Staffing Agency Placement 1833.05
Time Limit for Registration 4984.01
Unprofessional Conduct 4982, 1845
Volunteer Services 4980.43.3
Weekly Logs of Experience 1833
MARRIAGE AND FAMILY THERAPIST, LICENSED
Continuing Education Requirements 29, 32, 4980.54, 1887 – 1887.15
Display of License 4980.31
Employment of Associates in Private Practice or
Professional Corporation
4980.43, 4980.43.3, 4980.43.4, 4984.01
Fictitious Business Names 4980.46
Inactive License 4984.8
Renewal (see RENEWAL)
Retired License 4984.41
Scope of Practice 4980.02
Statement of Experience, etc. to Clients 4980.55
Unprofessional Conduct 4982, 4987.6, 1845
Violation/Punishment 4983
MARRIAGE AND FAMILY THERAPIST
CORPORATIONS (see CORPORATIONS)
MARRIAGE AND FAMILY THERAPIST, TRAINEE
Definition 4980.03
Employment 4980.42, 4980.43.3, 1833
Location of Services 4980.43.4
Notice to Clients 4980.48
297
M (continued)
Practicum and Field Experience 4980.42
Professional Experience 4980.42, 4980.43
Proprietary Interest Prohibited 4980.43.3
Remuneration from Clients Prohibited 4980.43.3
School Responsibilities 4980.42
Services 4980.42
Supervision Requirements (also see
SUPERVISION)
4980.42, 4980.43.2, 4980.43.3, 4980.43.4
Trainee Services 4980.42
Volunteer Services 4980.43.3
MENTAL HEALTH PRACTITIONER EDUCATION
FUND
4984.75, 4996.65, 4999.121
MENTAL ILLNESS OR CHEMICAL DEPENDENCY 820, 4982.1, 4989.26, 4990.28, 4992.35
MILITARY LICENSEES 114, 114.3, 115.4, 115.10
MILITARY SERVICE – APPLICATION INQUIRY 114.5
MILITARY SPOUSES 115.5, 115.6, 115.10
MINORS, MENTAL HEALTH TREATMENT OF Health and Safety Code § 124260
Family Code § 6924
MISREPRESENTATION OF LICENSE OR
REGISTRATION
4982, 4989.54, 4992.3, 4999.72, 4999.90,
1881
N
NAME CHANGE 27.5, 4984.9, 4989.46, 4992.8, 4999.118
NECESSITY OF LICENSE
Clinical Social Worker 4996, 4996.9, 4996.13, 4996.14, 4996.15,
4996.16
Educational Psychologist 4989.14, 4989.16, 4989.50
Marriage and Family Therapist 4980, 4980.01, 4980.02
Professional Clinical Counselor 4999.30
NONEXEMPT SETTING DEFINITION 4980.06, 4996.14.2, 4999.26
NOTICE TO CLIENTS REQUIRED 4980.01, 4980.32, 4989.17, 4996.14, 4996.75,
4999.22, 4999.71
O
OUT-OF-COUNTRY EDUCATION 4980.76, 4996.18, 4999.40, 1832
OUT-OF-STATE APPLICANT
Licensure by Credential 4980.72, 4996.17.1, 4999.60
Licensure by Education and Experience 4980.74, 4980.78, 4980.81, 4996.17.2,
4999.61, 4999.62
OUT-OF-STATE EDUCATION AND EXPERIENCE
Clinical Social Worker 4996.17.1, 4996.17.2, 1870.5
Marriage and Family Therapist 4980.72, 4980.74, 4980.78, 4980.81, 1833.2
Professional Clinical Counselor 4999.60, 4999.61, 4999.62, 1821.2
298
O (continued)
OUT-OF-STATE LICENSEES
Clinical Social Worker 4996.16, 4996.17.1, 4996.17.2
Marriage and Family Therapist 4980.72, 4980.74, 4980.78, 4980.81
Professional Clinical Counselor 4999.60, 4999.61, 4999.62
Temporary Practice Allowance 4980.11, 4996.16.1, 4999.23
Tribal Health Programs 719
OUT-OF-STATE PASSING EXAM SCORES 4980.74, 4996.17.2, 4999.61
P
PENALTY/VIOLATION 4983, 4989.66, 4996.12, 4999.86
PETITION FOR REINSTATEMENT OR
MODIFICATION
4990.30, 4990.31, 1814
PRIVATE PRACTICE DEFINITION 4980.06, 4996.14.2, 4999.26
PROBATION 4990.34
Petition for Modification of Penalty 4990.30, 4990.31
Placing of License or Registration on Probation 4982.15, 4990.34, 1888
Probation Monitoring Cost 4982.15, 4990.34
Probation Monitoring Program 4982.15, 4990.34
Requirement of Probationer to Obtain Training
and Pass Exams
4982.15, 4990.36
PROFESSIONAL CLINICAL COUNSELOR,
APPLICANT FOR LICENSURE (also see
EXPERIENCE and SUPERVISION)
4999.32, 4999.33.4999.50
PROFESSIONAL CLINICAL COUNSELOR,
ASSOCIATE
Clinical Setting – Definition 4999.12
Continuing Education Requirements 4999.55, 4999.76, 4999.100
Educational Requirements 4999.32, 4999.33, 4999.40, 4999.61, 4999.62
Employment as an Independent Contractor -
Prohibited
4999.46.3
Employment in Private Practice or Professional
Corporation
4999.46, 4999.46.4
Experience (see EXPERIENCE)
Law and Ethics Exam 4999.53, 4999.55
Location of Services 4999.46.4
Notice to Clients 4999.46.1
Out-of-State Applicant 4999.60, 4999.61, 4999.62
Proprietary Interest - Prohibited 4999.46.3
Qualifications for Registration 4999.32, 4999.33, 4999.42
Remuneration from Clients - Prohibited 4999.46.3
Remuneration from Employer 4999.46.3
Renewal 4999.100
Subsequent Associate Registration 4999.46.1
Supervision (see SUPERVISION)
Temporary Staffing Agency Placement 1820.3
299
P (continued)
Time Limit for Registration 4999.100
Unprofessional Conduct 4999.90
Volunteer Services 4999.45, 4999.47
Weekly Logs of Experience 1820
PROFESSIONAL CLINICAL COUNSELOR,
LICENSED
Continuing Education Requirements 4999.76, 1887 - 1887.15
Display of License 4999.70
Employment of Associates in Private Practice or
Professional Corporation
4999.46, 4999.46.4
Fictitious Business Names 4999.72
Inactive License 4999.112
Information Regarding Counseling Relationship
and Process to Clients
4999.74
Renewal (see RENEWAL)
Retired License 4999.113
Scope of Practice 4999.20
Unprofessional Conduct 4999.90, 4999.124
Violation/Punishment 4999.86
PROFESSIONAL CLINICAL COUNSELOR,
TRAINEE
Definition of a Trainee 4999.12
Employment 4999.46.3
Notice to Clients 4999.36
Practicum and Field Experience 4999.46.3
School Responsibilities 4999.36
Services 4999.27, 4999.36
Supervision Requirements 4999.36, 4999.46.3
Trainee Services 4999.27
Volunteer Services 4999.46.3
PROFESSIONAL CORPORATIONS
Corporations Code Requirements California Corporations Code §§ 13400 -
13410
Definition 4980.06, 4987.5, 4996.14.2, 4998, 4999.26,
4999.123
Directors, Shareholders and Officers 4987.8, 4988, 4998.3, 4998.4, 4999.126,
4999.127, 1850.7
Name 4987.7, 4998.2, 4999.125, 1850.6
Unprofessional Conduct 4987.6, 4988.1, 4998.1, 4998.5, 4999.124,
4999.128
PROFESSIONAL THERAPY NEVER INCLUDES
SEXUAL BEHAVIOR - BROCHURE
728
PUBLIC PROTECTION 4980.34, 4990.16
300
R
REACTIVATION OF LICENSE 4984.8, 4989.44, 4997, 4999.112
RECIPROCITY
Clinical Social Worker 4996.16, 4996.17.1, 4996.17.2
Marriage and Family Therapist 4980.72, 4980.74, 4980.76, 4980.78, 4980.81
Professional Clinical Counselor 4999.60, 4999.61, 4999.62
RECORDKEEPING REQUIREMENT
Clinical Social Worker 4992.3, 4993
Educational Psychologist 4989.51, 4989.54
Marriage and Family Therapist 4980.49, 4982
Professional Clinical Counselor 4999.75, 4999.90
Supervisors 4980.43.5, 4996.21, 4999.46.5
RECORDS (Client Access to Records) Health and Safety Code § 123110
RECOVERY COSTS 125.3
REGISTRATION:
(See: CLINICAL SOCIAL WORKER,
ASSOCIATE
MARRIAGE AND FAMILY THERAPIST,
ASSOCIATE
PROFESSIONAL CLINICAL
COUNSELOR, ASSOCIATE)
REHABILITATION CRITERIA 1813, 1814
REINSTATEMENT OF REVOKED LICENSE
AFTER EXPIRATION
4984.3, 4989.40, 4996.62, 4999.110
RENEWAL
License Renewal
Cancelled License 4984.4, 4989.42, 4996.6, 4999.106
Continuing Education Statement 4980.54, 4989.34, 4996.22, 4999.76, 1887.1
Expired License 4984.1, 4989.36, 4996.6, 4999.104, 4999.106
Fees 4984.7, 4984.75, 4989.68, 4996.3, 4996.6,
4999.120 1816
Inactive Status 4984.8, 4989.44, 4997, 4999.112
Military 114.3
Reactivation 4984.8, 4989.44, 4997, 4999.112
Requirements for Renewal 4984, 4989.32, 4996.6, 4999.102
Retired Status 4984.41, 4989.45, 4997.1, 4999.113
Revoked License 4984.3, 4989.40, 4996.62, 4999.110
Suspended License 4984.2, 4989.38, 4996.61, 4999.108
Time Limit for Renewal After Expiration 4984.4, 4989.36, 4996.6, 4999.104
Unexpired License 4984, 4999.32, 4996.6, 4999.102
Registration Renewal 4984.01, 4996.28, 4999.46.1, 4999.100, 1816
Continuing Education Statement 4984.01, 4996.28, 4999.100
Expiration 4984.01, 4996.28, 4999.100
Fees 4984.7, 4989.68, 4996.3, 4999.120, 1816
Maximum Number of Renewals 4984.01, 4996.28, 4999.46.1, 4999.100
Military 114.3
301
R (continued)
Requirements for Renewal 4984.01, 4996.28, 4999.46.1, 4999.100
Revoked Registration 4984.3, 4989.40, 4996.62, 4999.110
Suspended Registration 4984.2, 4989.38, 4996.61, 4999.108
REPORTING REQUIREMENTS
Child Abuse or Neglect 4989.54, 4999.90, 1845, 1881; Penal Code §§
11165.1, 11166
Dependent Adult or Elder Abuse or Neglect 4989.54, 4999.90, 1845, 1881; Welfare and
Institutions Code § 15630
RETIRED LICENSE 4984.41, 4989.45, 4997.1, 4999.113
REVENUE
Expenditures 4990.22
Report and Payment of Revenue 4984.5
Surplus Funds 4990.22, 4999.116
REVOCATION OF LICENSE OR REGISTRATION
Conduct of Proceedings 4982.3, 4989.62, 4990.42, 4996.11
Criteria for Rehabilitation – Suspension or
Revocation
1814
Grounds for Suspension or Revocation 490
Unprofessional Conduct
Clinical Social Worker 4992.3, 1881
Educational Psychologist 4989.54, 1858
Marriage and Family Therapist 4982, 1845
Professional Clinical Counselor 4999.90, 1823
S
SCOPE OF PRACTICE
Clinical Social Worker 4996.9
Educational Psychologist 4989.14
Marriage and Family Therapist 4980.02
Professional Clinical Counselor 4999.20
SEAL (Board) 4990.14
SETTLEMENT AGREEMENTS, CIVIL 143.5
SEX OFFENDERS - REVOCATION 1888.1
SEXUAL MISCONDUCT
Clinical Social Worker 726, 729, 4992.3, 4992.33, 1881
Educational Psychologist 726, 729, 4989.54, 4989.58
Marriage and Family Therapist 726, 729, 4982, 4982.26
Professional Clinical Counselor 726, 729, 4999.90
SEXUAL MISCONDUCT BROCHURE 337, 728
SEXUAL ORIENTATION CHANGE EFFORTS 865, 865.1, 865.2
SOCIAL WORK/WORKER (see CLINICAL SOCIAL
WORK/WORKER)
302
S (continued)
SPOUSAL OR PARTNER ABUSE ASSESSMENT
TRAINING
Applicant 4980.36, 4980.41, 4980.81, 4996.2, 4996.17.2,
4999.32, 4999.33
Licensee 4980.57, 4996.22
STATEMENT OF ISSUES (DENIAL OF
APPLICATION)
485
STATUTE OF LIMITATIONS 4982.05, 4990.32
SUBSTANTIAL RELATIONSHIP CRITERIA 1812
SUICIDE RISK ASSESSMENT & INTERVENTION
TRAINING
4980.396, 4989.23, 4996.27, 4999.66
SUNSET DATES 4989, 4990, 4990.04, 4990.24
SUPERVISION
Alternative Supervision 4980.43.4, 4996.23.3, 4999.46.4
Audits of Supervisors 4980.43.5, 4996.21, 4999.46.5
Definition of Supervision 4980.43.1, 4996.20, 4999.12
Direct Supervisor Contact 4980.43.2, 4996.23.1, 4999.46.2
Educationally Related Mental Health Services 4989.14
Experience Gained Outside of California 4980.72 - 4980.78, 4980.81, 4996.17.1,
4996.17.2, 4999.60 - 4999.62, 1821.2, 1833.2,
1870.5
Group Supervision 4980.43.2, 4996.23, 4999.46.2
Individual or Triadic Supervision 4996.23.1, 4980.43.2, 4999.46.2
Substitute Supervisors 1821.1, 1833.1.5, 1870.3
Supervision Agreement 1820, 1833, 1869
Supervision in Private Practice or Professional
Corporation Settings
4980.43.3, 4980.43.4, 4996.23.2, 4996.23.3,
4999.46.3, 4999.46.4
Supervision Ratios 4980.43.2, 4996.23.1, 4999.46.2
Supervision Under Relative/Spouse – Prohibited 4980.43.3, 4996.23.2, 4999.46.3
Supervisor is Deceased or Incapacitated 1815.8
Supervisor Qualifications
Supervisors of Associate Clinical Social
Workers
4996.20, 4996.23.2, 1870
Supervisors of Associate Marriage and Family
Therapist and Trainees
4980.03, 4980.43.3, 1820.7, 1833.1
Supervisors of Associate Professional Clinical
Counselors
4999.12, 4999.46.3, 1821
Supervisor Recordkeeping Requirements 4980.43.5, 4996.21, 4999.46.5
Supervisor Responsibilities 4980.43.1, 4996.18, 4999.46.1, 1821, 1833.1,
1870
Supervisor Self-Assessment Report 1821, 1833.1, 1870
Supervisor’s Failure to Complete Training 1821.3, 1834, 1871
Supervisory Plan 1820, 1833, 1869
Temporary Staffing Agency 1820.3, 1833.05, 1869.3
Triadic Supervision 4996.23.1, 4980.43.2, 4999.46.2
303
S (continued)
Unprofessional Conduct 4982, 4989.54, 4992.3, 4999.90, 1845, 1881
Verification of Experience 1820, 1833, 1869
Videoconference Supervision 4980.43.2, 4996.23.1, 4999.46.2
Weekly Log of Experience 1820, 1833, 1869
Written Notice of Intent not to Certify Further
Hours of Experience
1821, 1833.1, 1870
Written Oversight Agreement 4980.43.4, 4996.23.3, 4999.46.4, 1820, 1833,
1869
SUSPENSION OF LICENSE/REGISTRATION
Cease Practice Order 315.2, 315.4
Criteria for Rehabilitation - Suspension or
Revocation
1814
Conduct of Proceedings 4982.3, 4990.42, 4992.4, 4996.11
Grounds for Suspension or Revocation 490
Renewal of Suspended License 4984.2, 4989.38, 4996.61, 4999.108
T
TELEHEALTH 2290.5, 1815.5
TEMPORARY LICENSE (MILITARY) 115.6
TEMPORARY PRACTICE ALLOWANCE 4980.11, 4996.16.1, 4999.23
TITLE PROTECTION 4980, 4989.50, 4996, 4996.13, 4999.22
TRIBAL HEALTH PROGRAMS 719
U
UNLICENSED ASSISTANTS (SOCIAL WORK
INTERN)
4996.15, 1880
UNLICENSED PRACTICE
Aiding and Abetting Unlicensed Practice 4982, 4989.54, 4992.3, 4999.90, 1881
Citations for Unlicensed Practice 1886.10
Engaging in Practice – Prohibited 4980, 4989.50, 4996, 4999.30
Exemptions
Clinical Social Work 4996.13, 4996.14, 4996.15
Educational Psychology 4989.16
Marriage and Family Therapy 4980.01
Professional Clinical Counseling 4999.22
Penalties 4983, 4989.66, 4996.12, 4999.86
UNPROFESSIONAL CONDUCT
Clinical Social Worker 4992.3, 1881
Educational Psychologist 4989.54, 1858
Marriage and Family Therapist 4982, 1845
Professional Clinical Counselor 4999.90, 1823
VIOLATIONS/PENALTIES 4983, 4989.66, 4996.12, 4999.86
304
V
