Senate BillChaptered/SignedBusiness and Professions
SB 1445: Healing arts.
What SB 1445 does, verified September 17, 2026
This bill makes several changes to various laws and regulations in California. It updates provisions related to the licensing and regulation of healing arts professionals, including dentists, optometrists, and marriage and family therapists. The bill also lowers fees for nonresident optometrists and marriage and family therapists. Additionally, it changes the requirements for videoconferencing supervision and the display of qualification certificates for private security services. The bill also repeals provisions related to the director's duty to furnish copies of licensing law, rules, and regulations. Furthermore, it makes nonsubstantive changes to other laws and regulations, including updates to cross-references and the elimination of gendered pronouns. The bill also eliminates the requirement for reimbursement for certain costs mandated by the state.
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Last action: Chaptered by Secretary of State. Chapter 237, Statutes of 2026. (2026-09-14)Alert me
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| Sep. 14, 2026 | Chaptered by Secretary of State. Chapter 237, Statutes of 2026. |
| Sep. 14, 2026 | Approved by the Governor. |
| Sep. 04, 2026 | Enrolled and presented to the Governor at 2 p.m. |
| Aug. 28, 2026 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug. 27, 2026 | Ordered to special consent calendar. |
Latest bill textChaptered version, September 14, 2026 · 23,890 words
Senate Bill No. 1445
CHAPTER 237
An act to amend Sections 115.10, 802.5, 1621, 1724, 1750.1, 2564.79, 4202.6, 4826.3, 4980.36, 4980.41, 4980.43.2, 4980.72, 4980.78, 4980.81, 4990.26.1, 4996.17.1, 4996.17.2, 4996.23.1, 4999.32, 4999.33, 4999.46.2, 4999.60, 4999.62, 7026.12, 7057, 7071.18, 7139.3, 7511, 7582.22, 9884.76, 9884.9, 17913, 19120, 19239, 19278, and 19279.2 of, and to repeal Sections 1632.6, 4840.9, 4842, 6980.82, 7519, 7581.5, and 7599.71 of, the Business and Professions Code, relating to healing arts.
[ Approved by Governor September 14, 2026. Filed with Secretary of State September 14, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1445, Committee on Business, Professions and Economic Development. Healing arts.
(1) Under existing law, the Department of Consumer Affairs is composed of various boards, bureaus, and commissions that license and regulate the practice of various professions and vocations. Existing law provides that these entities are established to ensure that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated to protect the people of California, as prescribed.
Existing law requires a registering authority, defined as the Department of Real Estate or specified boards, bureaus, and commissions of the Department of Consumer Affairs, to register a servicemember or a spouse of a servicemember who relocated to the state because of military orders for military service within this state and meets specified requirements. Under existing law, a registered person is deemed 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, as specified. Among the requirements for registrations, the applicant must be in good standing and have performed at least one activity within the scope and under the authority of their professional license within the 2 years preceding their relocation. Existing law also requires the applicant to submit to the registering authority an affidavit attesting to having met all of the requirements for registration and to the accuracy of the information submitted to the registering authority, as specified.
This bill would define “good standing” and “military orders” for purposes of those provisions. The bill would delete the requirement that the applicant have performed an activity within the scope and under the authority of their professional license within the 2 years preceding their relocation. The bill would require that the applicant’s affidavit to include an attestation that the applicant read, understood, and will comply with the standards and scope of practice of the registering authority’s licensees. By expanding the scope of the crime of perjury and by expanding the application of professional licensing laws, the violation of some of which is a crime, this bill would impose a state-mandated local program.
(2) Under existing law, if a coroner receives information from a pathologist indicating that a death may be the result of the gross negligence or incompetence of a physician and surgeon, podiatrist, or physician assistant, a confidential report is required to be filed with the applicable regulatory agency, as specified.
This bill instead would require that the reporting of that information is received by a county coroner or a county medical examiner. By expanding the duties of local officials, this bill would impose a state-mandated local program.
(3) Existing law, the Dental Practice Act, establishes the Dental Board of California in the Department of Consumer Affairs to license and regulate the practice of dentistry. Existing law requires the board to require an applicant for licensure to successfully complete certain examinations. Chapter 483 of the Statutes of 2024 (SB 1453) removed a pathway for licensure under which the applicant was authorized to meet the examination requirement by taking and receiving a passing score on a portfolio examination, as specified.
This bill would update various provisions of the Dental Practice Act to conform to SB 1453’s removal of the portfolio examination provisions, including an update to a provision imposing a cap on the application fee the amount of which varies depending on the type of examination the applicant takes. The bill would also correct a cross-reference error made in SB 1453 relating to a requirement for dental assistants to complete a board-approved course in radiation safety to perform radiographic procedures.
(4) Existing law, the Optometry Practice Act, establishes the State Board of Optometry within the Department of Consumer Affairs to license and regulate the practice of optometry, including a nonresident ophthalmic lens dispenser, as specified. Existing law prescribes the minimum and maximum amounts of specified fees and penalties described in the act and set by the board. Among these fees, existing law imposes a registration fee for a nonresident ophthalmic lens dispenser at a minimum of $500, and a biennial renewal fee at a minimum of $300.
This bill would lower the minimum amount for the registration fee for a nonresident ophthalmic lens dispenser to $350, and would lower the minimum amount for the biennial renewal fee to $200.
(5) Existing law, the Veterinary Medicine Practice Act, establishes the California Veterinary Medical Board to license and regulate the practice of veterinary medicine. The act provides for the licensure and registration of registered veterinary technicians and assistants, and requires a licensed or authorized veterinarian to be fully aware of the act and regulations issued by the board if they employ a registered veterinary technician or assistant.
This bill would repeal the above knowledge requirement.
Existing law authorizes the board to deny a registered veterinary technician’s application for specified violations, including if the applicant has been convicted of a crime substantially related to the qualifications, functions, and duties of a registered veterinary technician.
This bill would repeal that authority.
(6) Existing law establishes the Board of Behavioral Sciences in the Department of Consumer Affairs to regulate licensees under the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law requires direct supervisor contact for certain experience required for licensure as a marriage and family therapist, clinical social worker, or licensed professional clinical counselor. Existing law authorizes contact to be via in-person contact, 2-way, real-time videoconferencing, or some combination of these, as specified. Existing law requires a supervisor to assess the appropriateness of utilizing videoconferencing for supervision within 60 days of beginning supervision.
This bill would instead require that assessment only if supervision is conducted via 2-way, real-time videoconferencing, and within 60 days of beginning that supervision.
Existing law requires completion of training in human sexuality for licensure as a marriage and family therapist, clinical social worker, or licensed professional clinical counselor. Existing law requires the board to consult with other licensing boards, as specified, if it proposes to establish a training program in human sexuality.
This bill would delete that consultation requirement.
(7) Existing law establishes the Bureau of Security and Investigative Services in the Department of Consumer Affairs to regulate licensees under the Private Investigator Act, the Collateral Recovery Act, the Private Security Services Act, and the Alarm Company Act, and to regulate licensed locksmiths and their employees. A violation of these acts is punishable as a misdemeanor.
Existing law requires the Director of Consumer Affairs to furnish a copy of licensing law, rules, and regulations to an applicant or licensee of the acts without charge, as specified, and to charge and collect a specified fee for additional copies furnished to an applicant or licensee or copies furnished on request to any other person.
This bill would repeal those provisions related to the director furnishing copies of licensing law, rules, and regulations.
Existing law requires the business of a person licensed under the Private Security Services Act to be operated under the direction, control, charge, or management of a qualified manager, as specified. Existing law establishes requirements for a qualified manager, including obtaining a qualification certificate from the bureau and displaying the certificate at the principal place of business and at each branch office license. In this regard, existing law provides that the qualified manager certificate shall be prominently displayed below the branch office license at the principal place of business. However, existing law only requires a branch office certificate if the licensee advertises or conducts business from a location other than their principal place of business.
This bill would correct the provision requiring the qualified manager certificate to be displayed to instead require the qualification manager certificate to be displayed below the private patrol operator’s license at the principal place of business.
(8) Existing law establishes the Contractors State License Board in the Department of Consumer Affairs to regulate licensees under the Contractors State License Law. Existing law requires fees and penalties collected pursuant to this law to be deposited in the Contractors License Fund. The Construction Management Education Account is an account in the Contractors License Fund that contains funds used to promote construction management education.
Existing law establishes an advisory committee to recommend grant awards for the support of courses of study in construction management and requires the committee to consist of 11 members, including at least one representative from each of a list of specified contractor associations.
This bill would lower the committee membership to 10 members and would remove the requirement to have at least one representative from the Engineering Contractors Association.
(9) Existing law establishes the Bureau of Automotive Repair in the Department of Consumer Affairs to regulate licensees under the Automotive Repair Act, including an automotive repair dealer. Existing law requires an automotive repair dealer to give the customer a written estimated price for labor and parts necessary for a specific job. Existing law makes specified violations of the Automotive Repair Act punishable as a misdemeanor.
This bill would allow an automotive repair dealer to provide a customer a written estimate in an electronic format. The bill would make conforming changes to related enforcement provisions.
(10) Existing law generally requires a person who regularly transacts business in the state under a fictitious business name to file with a county clerk a fictitious business statement that includes specified information. Existing law requires the county clerk to furnish without charge a form for that statement and requires the form to contain fields for certain information, including a field for the registrant’s signature. Existing law provides which individuals may sign the fictitious business name statement and makes the declaration of any material matter that the registrant knows to be false a crime, as specified.
This bill would require the form to include, directly below the signature line, lines for the signatory’s printed name and title, as specified. By modifying the requirements of the form furnished by the county clerk, the bill would increase the duties of local officials, thereby imposing a state-mandated local program. Additionally, by expanding the information that must be declared in the fictitious business name statement form, the bill would expand the scope of a crime, thereby imposing a state-mandated local program.
(11) Existing law establishes the Bureau of Household Goods and Services in the Department of Consumer Affairs to administer various laws, including the Household Movers Act. Existing law requires the bureau to require an applicant for a household mover permit to establish ability and financial responsibility to initiate the proposed operation.
This bill would delete that applicant requirement.
(12) This bill would make various other nonsubstantive changes, including updating cross-references and eliminating gendered pronouns.
(13) This bill would incorporate additional changes to Section 4980.41 of the Business and Professions Code proposed by AB 1598 to be operative only if this bill and AB 1598 are enacted and this bill is enacted last.
(14) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 115.10 of the Business and Professions Code is amended to read:115.10.
(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.
(3) “Good standing” means a license that was not revoked or otherwise disciplined, was not voluntarily surrendered while under investigation for unprofessional conduct, and is not subject to a pending investigation relating to unprofessional conduct.
(4) “Military orders” has the same meaning as set forth in Section 3955 of Title 50 of the United States Code.
(5) “Professional license” means an individual professional license and does not include a business or entity license.
(6) “Registering authority” means a board or the Department of Real Estate, as applicable.
(7) “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 an active 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) 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.
(4) 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.
(5) 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).
(6) The applicant submits to the registering authority their California address of record and an affidavit attesting to all 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) The applicant read, understood, and will comply with the standards and scope of practice of the registering authority’s licensees.
(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:
(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.
SEC. 2.
Section 802.5 of the Business and Professions Code is amended to read:802.5.
(a) When a county coroner or county medical examiner receives information that is based on findings that were reached by, or documented and approved by a board-certified or board-eligible pathologist indicating that a death may be the result of a physician and surgeon’s, podiatrist’s, or physician assistant’s gross negligence or incompetence, a report shall be filed with the Medical Board of California, the Osteopathic Medical Board of California, the Podiatric Medical Board of California, or the Physician Assistant Board. The initial report shall include the name of the decedent, date and place of death, attending physicians or podiatrists, and all other relevant information available. The initial report shall be followed, within 90 days, by copies of the county coroner’s or county medical examiner’s report, autopsy protocol, and all other relevant information.(b) The report required by this section shall be confidential. No county coroner, physician and surgeon, or county medical examiner, nor any authorized agent, shall be liable for damages in any civil action as a result of acting in compliance with this section. No board-certified or board-eligible pathologist, nor any authorized agent, shall be liable for damages in any civil action as a result of providing information under subdivision (a).
SEC. 3.
Section 1621 of the Business and Professions Code is amended to read:1621.
The board shall utilize in the administration of its licensure examinations only examiners whom it has appointed and who meet the following criteria:(a) Possession of a valid license to practice dentistry in this state or possession of a valid license in one of the registered dental assistant categories licensed under this chapter.
(b) Practice as a licensed dentist or in a licensure category described in subdivision (a) for at least five years preceding the examiner’s appointment.
(c) Hold no position as an officer or faculty member at any college, school, or institution that provides instruction in the same licensure category as that held by the examiner.
SEC. 4.
Section 1632.6 of the Business and Professions Code is repealed.SEC. 5.
Section 1724 of the Business and Professions Code is amended to read:1724.
The amount of charges and fees for dentists licensed pursuant to this chapter shall be established by the board as is necessary for the purpose of carrying out the responsibilities required by this chapter as it relates to dentists, subject to the following limitations:(a) The fee for an application for licensure qualifying pursuant to paragraph (1) or (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b) The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c) The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d) The fee for an initial license and for the renewal of a license is five hundred twenty-five dollars ($525). On and after January 1, 2016, the fee for an initial license shall not exceed six hundred fifty dollars ($650), and the fee for the renewal of a license shall not exceed six hundred fifty dollars ($650). On and after January 1, 2018, the fee for an initial license shall not exceed eight hundred dollars ($800), and the fee for the renewal of a license shall not exceed eight hundred dollars ($800).
(e) The fee for an application for a special permit shall not exceed one thousand dollars ($1,000), and the renewal fee for a special permit shall not exceed six hundred dollars ($600).
(f) The delinquency fee shall be 50 percent of the renewal fee for such a license or permit in effect on the date of the renewal of the license or permit.
(g) The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h) The fee for an application for an additional office permit shall not exceed seven hundred fifty dollars ($750), and the fee for the renewal of an additional office permit shall not exceed three hundred seventy-five dollars ($375).
(i) The fee for issuance of a replacement pocket license, replacement wall certificate, or replacement engraved certificate shall not exceed one hundred twenty-five dollars ($125).
(j) The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k) The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l) The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m) The fee for an application for an elective facial cosmetic surgery permit shall not exceed four thousand dollars ($4,000), and the fee for the renewal of an elective facial cosmetic surgery permit shall not exceed eight hundred dollars ($800).
(n) The fee for an application for an oral and maxillofacial surgery permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral and maxillofacial surgery permit shall not exceed one thousand two hundred dollars ($1,200).
(o) The fee for an application for a general anesthesia permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a general anesthesia permit shall not exceed six hundred dollars ($600).
(p) The fee for an onsite inspection and evaluation related to a general anesthesia or moderate sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q) The fee for an application for a moderate sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a moderate sedation permit shall not exceed six hundred dollars ($600).
(r) The fee for an application for an adult oral conscious sedation certificate shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an adult oral conscious sedation certificate shall not exceed six hundred dollars ($600).
(s) The fee for an application for a pediatric minimal sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a pediatric minimal sedation permit shall not exceed six hundred dollars ($600).
(t) The fee for an application for a pediatric endorsement for a general anesthesia permit or moderate sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a pediatric endorsement shall not exceed six hundred dollars ($600).
(u) The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(v) The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
SEC. 6.
Section 1750.1 of the Business and Professions Code is amended to read:1750.1.
(a) A dental assistant may perform the following duties under the general supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist:(1) Extraoral duties specified by the supervising licensee that meet the definition of a basic supportive dental procedure specified in subdivision (b) of Section 1741. These duties may include a procedure that requires the use of personal protective equipment, laboratory functions, and sterilization and disinfection procedures described in Section 1005 of Title 16 of the California Code of Regulations and Section 5193 of Title 8 of the California Code of Regulations.
(2) Operate dental radiography equipment for the purpose of oral radiography if the dental assistant has complied with the requirements of paragraph (3) of subdivision (f) of Section 1750.
(3) Perform intraoral and extraoral photography.
(b) A dental assistant may perform the following duties under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist:
(1) Apply nonaerosol and noncaustic topical agents, including all forms of topical fluoride.
(2) Take intraoral impressions for all nonprosthodontic appliances.
(3) Take facebow transfers and bite registrations.
(4) Place and remove rubber dams or other isolation devices.
(5) Place, wedge, and remove matrices for restorative procedures.
(6) Remove postextraction dressings after inspection of the surgical site by the supervising licensed dentist.
(7) Perform measurements for the purposes of orthodontic treatment.
(8) Cure dental materials with a light curing device.
(9) Examine orthodontic appliances.
(10) Place and remove orthodontic separators.
(11) Remove ligature ties and archwires.
(12) After adjustment by the dentist, examine and seat removable orthodontic appliances and deliver care instructions to the patient.
(13) Remove periodontal dressings.
(14) Remove sutures after inspection of the site by the dentist.
(15) Place patient monitoring sensors.
(16) Adjust the flow of nitrous oxide and oxygen gases if deemed necessary and directed by the supervising dentist who shall be present in the operatory directly supervising the adjustment.
(17) Extraoral functions specified by the supervising dentist that meet the definition of basic supportive dental procedures specified in subdivision (b) of Section 1741. Such duties may include patient monitoring, placing monitoring sensors, taking of vital signs, or other extraoral procedures related to the scope of their practice.
(18) In response to a medical emergency and under the direct supervision, order, control, and full professional responsibility of the licensed dentist, a dental assistant may administer or assist in the administration of oxygen.
(c) The board may specify additional allowable duties by regulation.
(d) The duties of a dental assistant or a dental assistant holding a permit in orthodontic assisting or in dental sedation shall not include any of the following procedures unless specifically allowed by law:
(1) Diagnosis and comprehensive treatment planning.
(2) Placing, finishing, or removing permanent restorations.
(3) Surgery or cutting on hard and soft tissue including, but not limited to, the removal of teeth and the cutting and suturing of soft tissue.
(4) Prescribing medication.
(5) Starting the flow of nitrous oxide and oxygen gases.
(6) Administration of local or general anesthesia or sedation.
(e) Unless otherwise permitted in this section, the duties of a dental assistant do not include any duty or procedure that only a registered dental assistant, registered dental assistant in extended functions, orthodontic assistant, dental sedation assistant, registered dental hygienist, or registered dental hygienist in alternative practice is allowed to perform.
(f) The placement of pit and fissure sealants may only be performed by a registered dental assistant, registered dental assistant in extended functions, registered dental hygienist, or registered dental hygienist in alternative practice.
SEC. 7.
Section 2564.79 of the Business and Professions Code is amended to read:2564.79.
The amount of fees prescribed in connection with the registration of nonresident ophthalmic lens dispensers is that established by the following schedule:(a) The application and registration fee for a nonresident ophthalmic lens dispenser shall be a minimum of three hundred fifty dollars ($350) and shall not exceed six hundred dollars ($600).
(b) The biennial renewal fee shall be a minimum of two hundred dollars ($200) and shall not exceed four hundred dollars ($400).
(c) The delinquency fee shall be a minimum of fifty dollars ($50) and shall not exceed seventy-five dollars ($75).
(d) The fee for replacement of a lost, stolen, or destroyed registration shall be twenty-five dollars ($25).
(e) The California State Board of Optometry may periodically revise and fix by regulation the fees specified in subdivisions (a), (b), and (c), and these revised fees shall not exceed the reasonable regulatory cost.
(f) The fees collected pursuant to this chapter shall be deposited in the Optometry Fund, and shall be available, upon appropriation, to the California State Board of Optometry for the purposes of this chapter.
SEC. 8.
Section 4202.6 of the Business and Professions Code is amended to read:4202.6.
Notwithstanding Section 480, the board may deny an application for licensure under this chapter if any of the following conditions apply:(a) The applicant has been convicted of a crime or subjected to formal discipline that would be grounds for denial of a federal registration to distribute controlled substances.
(b) The applicant has been convicted of a crime involving fraud in violation of state or federal laws related to health care.
(c) The applicant has been convicted of a crime involving financial identity theft.
SEC. 9.
Section 4826.3 of the Business and Professions Code is amended to read:4826.3.
(a) Notwithstanding any law, a veterinary technician, veterinary assistant, and veterinary assistant controlled substances permitholder registered in this state shall wear a name tag identification in at least 18-point type in any area of the veterinary premises that is accessible to members of the public. The name tag shall include the veterinary technician, veterinary assistant, and veterinary assistant controlled substances permitholder’s name, and, if applicable, the license, registration, or permit type and number issued by the board.(b) A person subject to the requirement in subdivision (a) may remove the name tag when working with or handling animal patients.
SEC. 10.
Section 4840.9 of the Business and Professions Code is repealed.SEC. 11.
Section 4842 of the Business and Professions Code is repealed.SEC. 12.
Section 4980.36 of the Business and Professions Code is amended to read:4980.36.
(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.
(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:
(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 4990.26.2, 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.
(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.
(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.
SEC. 13.
Section 4980.41 of the Business and Professions Code is amended to read:4980.41.
(a) An applicant for licensure whose education qualifies them 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 Section 4980.397:(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 their 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 4990.26.2 and any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 4990.26.1, 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 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.
SEC. 13.5.
Section 4980.41 of the Business and Professions Code is amended to read:4980.41.
(a) An applicant for licensure whose education qualifies them under Section 4980.37 shall complete the following coursework or training in order to be eligible to sit for the clinical examination as specified in Section 4980.397:(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 their 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 4990.26.2 and any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 4990.26.1, 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 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.
SEC. 14.
Section 4980.43.2 of the Business and Professions Code is amended to read:4980.43.2.
(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 person receiving supervision for providing clinical mental health services.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two persons receiving supervision for providing clinical mental health services.
(C) Group supervision, which means two hours of face-to-face contact between one supervisor and no more than eight persons receiving supervision for providing clinical mental health services. 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 person in the group.
(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) If supervision is conducted via two-way, real-time videoconferencing, the supervisor shall, within 60 days of the commencement of that supervision, conduct a meeting with the supervisee to assess the appropriateness of using videoconferencing for supervision. This assessment 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 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.
SEC. 15.
Section 4980.72 of the Business and Professions Code is amended to read:4980.72.
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 4990.26.2, 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 Section 4980.397. The clinical examination specified in Section 4980.397 shall be waived for an applicant qualifying under this section.
(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.
SEC. 16.
Section 4980.78 of the Business and Professions Code is amended to read:4980.78.
(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.(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 subdivision (h) 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.
(B) An applicant who has not completed a course in law and professional ethics for marriage and family therapists as specified in subdivision (h) 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.
SEC. 17.
Section 4980.81 of the Business and Professions Code is amended to read:4980.81.
This section applies to persons subject to Section 4980.78 who apply for licensure or registration.For purposes of Section 4980.78, an applicant shall meet all of the following educational requirements:
(a) 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.
(b) 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.
(c) (1) 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:
(A) The effects of developmental issues on individuals, couples, and family relationships.
(B) The psychological, psychotherapeutic, and health implications of developmental issues and their effects.
(C) The understanding of the impact that personal and social insecurity, social stress, low educational levels, inadequate housing, and malnutrition have on human development.
(2) An applicant who is deficient in any of these subjects may remediate the coursework by completing three hours of instruction in each deficient subject.
(d) 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:
(1) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 4990.26.2 and any regulations promulgated under that section.
(2) A minimum of 10 contact hours of coursework that includes all of the following:
(A) The assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(B) Aging and its biological, social, cognitive, and psychological aspects.
(C) Long-term care.
(D) End of life and grief.
(3) A minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.
(4) Cultural factors relevant to abuse of partners and family members.
(5) Childbirth, child rearing, parenting, and stepparenting.
(6) Marriage, divorce, and blended families.
(7) Poverty and deprivation.
(8) Financial and social stress.
(9) Effects of trauma.
(10) The psychological, psychotherapeutic, community, and health implications of the matters and life events described in paragraphs (1) to (9), inclusive.
(e) 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.
(f) A minimum of 10 contact hours of training or coursework in human sexuality, as specified in Section 4990.26.1 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.
(g) 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:
(1) 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.
(2) Medical aspects of substance use disorders and co-occurring disorders.
(3) The effects of psychoactive drug use.
(4) Current theories of the etiology of substance abuse and addiction.
(5) The role of persons and systems that support or compound substance abuse and addiction.
(6) Major approaches to identification, evaluation, and treatment of substance use disorders, co-occurring disorders, and addiction, including, but not limited to, best practices.
(7) Legal aspects of substance abuse.
(8) Populations at risk with regard to substance use disorders and co-occurring disorders.
(9) Community resources offering screening, assessment, treatment, and followup for the affected person and family.
(10) Recognition of substance use disorders, co-occurring disorders, and addiction, and appropriate referral.
(11) The prevention of substance use disorders and addiction.
(h) 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:
(1) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of marriage and family therapy.
(2) 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.
(3) The current legal patterns and trends in the mental health professions.
(4) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or others, and the treatment of minors with and without parental consent.
(5) A recognition and exploration of the relationship between a practitioner’s sense of self and human values and their professional behavior and ethics.
(6) The application of legal and ethical standards in different types of work settings.
(7) Licensing law and licensing process.
SEC. 18.
Section 4990.26.1 of the Business and Professions Code is amended to read:4990.26.1.
(a) Any person applying for a license or registration as a marriage and family therapist, clinical social worker, or professional clinical counselor shall, in addition to any other requirements, show by evidence satisfactory to the board that they have completed training in human sexuality as a condition of licensure.(b) “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.
(c) The content and length of the training shall be determined by the board.
SEC. 19.
Section 4996.17.1 of the Business and Professions Code is amended to read:4996.17.1.
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 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 4990.26.2, 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.
SEC. 20.
Section 4996.17.2 of the Business and Professions Code is amended to read:4996.17.2.
(a) This section applies to persons with education gained from an out-of-state school or experience gained outside of California who apply for licensure or registration and who do not qualify for a license under Section 4996.17.1.(b) The board shall accept experience gained outside of California for the purpose of satisfying the licensure requirements if the experience is substantially the equivalent to the requirements of this chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience, the board shall accept as qualifying experience the amount of time the applicant held an active license in good standing in another state or country as a clinical social worker at the highest level for independent practice at a rate of 100 hours per month, up to a maximum of 1,200 hours.
(c) The board shall accept education gained from an out-of-state school for purposes of satisfying licensure or registration requirements if the applicant has received a master’s degree from an accredited school of social work, or complies with subdivision (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 4990.26.2, and any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in human sexuality, as specified in Section 4990.26.1, and any regulations promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation.
(D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(E) A minimum of 10 contact hours of coursework in aging and long-term care, as specified in Section 4996.25.
(F) Completion of a 12-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, the following: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws related to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, the application of legal and ethical standards in different types of work settings, and licensing law and process. This coursework shall be completed before registration as an associate.
(G) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position.
(3) On and after January 1, 2021, an applicant for licensure shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4996.27.
(4) The applicant’s license is in good standing and is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state.
(5) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant’s professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board determines constitutes evidence of a pattern of incompetence or negligence.
(6) The applicant shall provide a certification from each state where the applicant holds a license pertaining to licensure, disciplinary action, and complaints pending.
(7) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36.
(e) An applicant who obtained a license or registration under another state or country may qualify for licensure with the board without taking the clinical examination specified in Section 4996.1 if both of the following conditions are met:
(1) The applicant obtained a passing score on the clinical licensing examination set forth in regulation as accepted by the board.
(2) The applicant’s license or registration in that state or country is active and in good standing at the time of the application and is not revoked, suspended, surrendered, denied, or otherwise restricted or encumbered.
SEC. 21.
Section 4996.23.1 of the Business and Professions Code is amended to read:4996.23.1.
(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 services pursuant to paragraph (2) of subdivision (d) of Section 4996.23 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 person receiving supervision for providing clinical mental health services.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two persons receiving supervision for providing clinical mental health services.
(C) Group supervision, which means two hours of face-to-face contact between one supervisor and no more than eight persons receiving supervision for providing clinical mental health services. 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 person in the group.
(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) If supervision is conducted via two-way, real-time videoconferencing, the supervisor shall, within 60 days of the commencement of that supervision, conduct a meeting with the supervisee to assess the appropriateness of using videoconferencing for supervision. This assessment 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) 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.
SEC. 22.
Section 4999.32 of the Business and Professions Code is amended to read:4999.32.
(a) This section shall apply to applicants for licensure or registration who began graduate study before August 1, 2012, and completed that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4999.33.(b) To qualify for licensure or registration, applicants shall possess a 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).
(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 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.
(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 4990.26.1, 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 4990.26.2 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.
SEC. 23.
Section 4999.33 of the Business and Professions Code is amended to read:4999.33.
(a) This section shall apply to the following:(1) Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018.
(2) Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section.
(3) Applicants for licensure or registration who begin graduate study on or after August 1, 2012.
(b) To qualify for licensure or registration, applicants shall possess a 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.
(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.
(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 4990.26.2, and any regulations promulgated thereunder.
(10) Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.
(e) A degree program that qualifies for licensure under this section shall do all of the following:
(1) Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments.
(2) Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position.
(3) Provide the opportunity for students to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.
(f) (1) (A) An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-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.
SEC. 24.
Section 4999.46.2 of the Business and Professions Code is amended to read:4999.46.2.
(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.
(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 person receiving supervision for providing clinical mental health services.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two persons receiving supervision for providing clinical mental health services.
(C) Group supervision, which means two hours of face-to-face contact between one supervisor and no more than eight persons receiving supervision for providing clinical mental health services. 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 person in the group.
(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) If supervision is conducted via two-way, real-time videoconferencing, the supervisor shall, within 60 days of the commencement of that supervision, conduct a meeting with the supervisee to assess the appropriateness of using videoconferencing for supervision. This assessment 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.
SEC. 25.
Section 4999.60 of the Business and Professions Code is amended to read:4999.60.
(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 4990.26.2, 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 any provisions under this division or Division 3 (commencing with Section 5000) other than this act.
SEC. 26.
Section 4999.62 of the Business and Professions Code is amended to read:4999.62.
(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.
(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 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 4990.26.1 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 4990.26.2 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 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.
SEC. 27.
Section 6980.82 of the Business and Professions Code is repealed.SEC. 28.
Section 7026.12 of the Business and Professions Code is amended to read:7026.12.
The installation of a fire protection system, excluding an electrical alarm system, shall be performed only by either of the following:(a) A contractor holding a fire protection contractor classification, as defined in the regulations of the board.
(b) An owner-builder of an owner-occupied, single-family dwelling, if not more than two single-family dwellings on the same parcel are constructed within one year, plans are submitted to, and approved by, the city, county, or city and county authority, and the city, county, or city and county authority inspects and approves the installation.
SEC. 29.
Section 7057 of the Business and Professions Code is amended to read:7057.
(a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of, the work of the general building contractor.
(b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an appropriately licensed contractor to perform the work. A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor shall not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades.
(c) A general building contractor shall not contract for any project that includes a fire protection system as provided for in Section 7026.12 or the “C-57” Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the appropriate license classification, or subcontracts with the appropriately licensed contractor.
SEC. 30.
Section 7071.18 of the Business and Professions Code is amended to read:7071.18.
Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event:(a) The conviction of the licensee for any felony.
(b) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor.
SEC. 31.
Section 7139.3 of the Business and Professions Code is amended to read:7139.3.
(a) The board may award grants to qualified public postsecondary educational institutions for the support of courses of study in construction management.(b) Any organization of contractors, or organization of contractor organizations, incorporated under Division 2 (commencing with Section 5000) of the Corporations Code may request the board to award grants pursuant to subdivision (a) directly to qualified public postsecondary educational institutions of its choice. However, the total amount of money that may be awarded to one public postsecondary educational institution pursuant to subdivision (a) may not exceed an amount equal to 25 percent of the total funds available under this article.
(c) The board shall establish an advisory committee to recommend grant awards. The advisory committee shall be known as the Construction Management Education Account Advisory Committee and shall consist of 10 members, with at least one representative from each of the following: Associated General Contractors of California, Associated Builders and Contractors, California Building Industry Association, National Electrical Contractors Association, Plumbing-Heating-Cooling Contractors Association, Southern California Contractors Association, Associated General Contractors of San Diego, Engineering and Utility Contractors Association, (d.b.a. United Contractors), California Association of Sheet Metal and Air Conditioning Contractors, and one member representing the California State University and University of California construction management programs accredited by the American Council for Construction Education. Advisory committee member terms shall be for three years and the representatives shall be appointed by each identified group. Members of the advisory committee shall not receive per diem or reimbursement for traveling and other expenses pursuant to Section 103.
(d) The mission of the Construction Management Education Account Advisory Committee is to maintain, and increase the quality and availability of, education programs for the construction industry. The primary focus is to provide financial resources not now available to accredited construction management programs in California colleges and universities to maintain and upgrade facilities and provide greater access by the industry to modern construction standards and management practices. The advisory committee shall do all of the following:
(1) Confirm the qualifications of programs applying for grants.
(2) Award less than full grants when the account has insufficient funds to award full grants to all qualifying programs.
(3) Receive and review year-end reports of use and impact of funds.
(4) Affirm applications for American Council for Construction Education accreditation and, when funds are available, award grants to complete the accreditation process.
(5) Promote close ties between feeder junior colleges and four-year construction management programs.
(6) Support development of new educational programs with specific emphasis on outreach to the construction industry at large.
SEC. 32.
Section 7511 of the Business and Professions Code is amended to read:7511.
The bureau shall establish and assess fees and penalties for licensure and registration as displayed in this section. The fees prescribed by this chapter are as follows:(a) The application fee for an original repossession agency license shall be at least nine hundred seventy dollars ($970) and may be increased to an amount not to exceed one thousand sixty-seven dollars ($1,067).
(b) The application fee for an original qualified manager certificate shall be at least three hundred fifty dollars ($350) and may be increased to an amount not to exceed three hundred eighty-five dollars ($385).
(c) The renewal fee for a repossession agency license shall be at least seven hundred fifty dollars ($750) and may be increased to an amount not to exceed eight hundred twenty-five dollars ($825) biennially.
(d) The renewal fee for a qualified manager certificate shall be at least two hundred twenty-five dollars ($225) and may be increased to an amount not to exceed two hundred forty-eight dollars ($248) biennially.
(e) Notwithstanding Section 163.5, the reinstatement fee for a repossession agency license required pursuant to Sections 7503.11 and 7505.3 is the amount equal to the renewal fee plus a penalty of 50 percent thereof.
(f) Notwithstanding Section 163.5, the reinstatement fee for a qualified manager certificate required pursuant to Sections 7503.11 and 7504.7 is the amount equal to the renewal fee plus a penalty of 50 percent thereof.
(g) A fee for reexamination of an applicant for a qualified manager shall be at least sixty dollars ($60) and may be increased to an amount not to exceed sixty-six dollars ($66).
(h) An initial registrant registration fee shall be at least seventy-five dollars ($75) and may be increased to an amount not to exceed eighty-two dollars ($82), a registrant reregistration fee shall be at least seventy-five dollars ($75) and may be increased to an amount not to exceed eighty-two dollars ($82), and a registrant biennial renewal fee shall be at least forty dollars ($40) and may be increased to an amount not to exceed forty-four dollars ($44) per registration. Notwithstanding Section 163.5 and this subdivision, the reregistration fee for a registrant whose registration expired more than one year prior to the filing of the application for reregistration shall be at least seventy-five dollars ($75) and may be increased to an amount not to exceed eighty-two dollars ($82).
(i) The delinquency fee is 50 percent of the renewal fee in effect on the date of expiration, but not less than twenty-five dollars ($25).
(j) The fingerprint processing fee is that amount charged to the bureau by the Department of Justice.
(k) The processing fee for the assignment of a repossession agency license pursuant to Section 7503.9 shall be at least four hundred dollars ($400) and may be increased to an amount not to exceed four hundred forty dollars ($440).
(l) The fee for an endorsed verification of licensure, certification, or registration shall be twenty-five dollars ($25). The verification document shall include the license, certificate, or registration number, the license, certificate, or registration history and current status, the date of the endorsement, an embossed seal, and the signature of the chief.
(m) The fee for the replacement of a lost or destroyed registration card, license, or certificate authorized by this chapter shall be twenty-five dollars ($25). The request for a replacement of a registration card, license, or certificate shall be made in the manner prescribed by the bureau.
(n) The reinstatement fee following a suspension pursuant to Section 7510.3 shall be 25 percent of the renewal fee.
SEC. 33.
Section 7519 of the Business and Professions Code is repealed.SEC. 34.
Section 7581.5 of the Business and Professions Code is repealed.SEC. 35.
Section 7582.22 of the Business and Professions Code is amended to read:7582.22.
(a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if they are qualified, or the person who is qualified to act as the licensee’s manager, if the licensee is not qualified. Any licensee conducting business in this state whose primary office is located outside of this state shall do both of the following:(1) Maintain an office in this state operated under the active direction, control, charge, or management of a qualified manager.
(2) Maintain at the office in this state all records required under this chapter and under rules adopted by the bureau.
(b) No person shall act as a qualified manager of a licensee until they have complied with both of the following:
(1) Demonstrated their qualifications by a written or oral examination, or a combination of both, if required by the director.
(2) Made a satisfactory showing to the director that they have the qualifications prescribed in Section 7582.8 and that none of the facts stated in Section 7582.24 or 7582.25 exist as to them.
(c) The director shall issue a qualified manager certificate to any person meeting the requirements of this section. The certificate of the qualified manager shall be prominently displayed below the private patrol operator’s license at the principal place of business. If the principal place of business is outside of this state, then the certificate of the qualified manager shall be posted below the branch office certificate at each branch office.
SEC. 36.
Section 7599.71 of the Business and Professions Code is repealed.SEC. 37.
Section 9884.76 of the Business and Professions Code is amended to read:9884.76.
Notwithstanding Section 9889.20, an automotive repair dealer who prepares a written estimate for repairs pursuant to Section 9884.9 that includes replacement of a deployed airbag that is part of an inflatable restraint system, and who fails to restore the airbag that is part of an inflatable restraint system to its original operating condition, where the customer has paid for the replacement of the deployed airbag as provided in the estimate, is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail for one year, or by both that fine and imprisonment. This section does not prohibit a written estimate from being in an electronic format.SEC. 38.
Section 9884.9 of the Business and Professions Code is amended to read:9884.9.
(a) The automotive repair dealer shall give to the customer a written estimated price for labor and parts necessary for a specific job, except as provided in subdivision (e). No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer. No charge shall be made for work done or parts supplied in excess of the estimated price, or the posted price specified in subdivision (e), without the oral or written consent of the customer that shall be obtained at some time after it is determined that the estimated or posted price is insufficient and before the work not estimated or posted is done or the parts not estimated or posted are supplied. Written consent or authorization for an increase in the original estimated or posted price may be provided by electronic mail or facsimile transmission from the customer. The bureau may specify in regulation the procedures to be followed by an automotive repair dealer if an authorization or consent for an increase in the original estimated price is provided by electronic mail or facsimile transmission. If that consent is oral, the dealer shall make a notation on the work order of the date, time, name of person authorizing the additional repairs, and telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost, and shall do either of the following:(1) Make a notation on the invoice of the same facts set forth in the notation on the work order.
(2) Upon completion of the repairs, obtain the customer’s signature or initials to an acknowledgment of notice and consent, if there is an oral consent of the customer to additional repairs, in the following language:
“I acknowledge notice and oral approval of an increase in the original estimated price. | |
_____ | |
_____ | (signature or initials)” |
Nothing in this section shall be construed as requiring an automotive repair dealer to give a written estimated price if the dealer does not agree to perform the requested repair.
(b) The automotive repair dealer shall include with the written estimated price a statement of any automotive repair service that, if required to be done, will be done by someone other than the dealer or their employees. No service shall be done by other than the dealer or their employees without the consent of the customer, unless the customer cannot reasonably be notified. The dealer shall be responsible, in any case, for any service in the same manner as if the dealer or their employees had done the service.
(c) In addition to subdivisions (a) and (b), an automotive repair dealer, when doing auto body or collision repairs, shall provide an itemized written estimate for all parts and labor to the customer. The estimate shall describe labor and parts separately and shall identify each part, indicating whether the replacement part is new, used, rebuilt, or reconditioned. Each crash part shall be identified on the written estimate and the written estimate shall indicate whether the crash part is an original equipment manufacturer crash part or a nonoriginal equipment manufacturer aftermarket crash part.
(d) A customer may designate another person to authorize work or parts supplied in excess of the estimated price, if the designation is made in writing at the time that the initial authorization to proceed is signed by the customer. The bureau may specify in regulation the form and content of a designation and the procedures to be followed by the automotive repair dealer in recording the designation. For the purposes of this section, a designee shall not be the automotive repair dealer providing repair services or an insurer involved in a claim that includes the motor vehicle being repaired, or an employee or agent or a person acting on behalf of the dealer or insurer.
(e) A written estimate is not required for an automotive repair dealer to perform any of the preventative maintenance services defined in Section 9880.1 if the customer authorizes the service and either of the following occurs:
(1) The service is performed free of charge.
(2) The total price for labor and parts necessary to perform the service is displayed in a place and manner conspicuous to the customer or is made available to and acknowledged by the customer at the automotive repair facility where the service is performed.
(f) This section does not prohibit a written estimate from being in an electronic format.
SEC. 39.
Section 17913 of the Business and Professions Code is amended to read:17913.
(a) The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature Printed name Title, as appropriate | |
Statement filed with the County Clerk of ____ County on | |
NOTICE—IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b) The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1) Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2) Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of the registrant’s principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of the registrant’s principal place of business outside this state.
(3) Where the three asterisks (***) appear in the form: If the registrant is an individual, insert the registrant’s full name and business mailing address if it differs from the business address. If the registrants are a married couple, insert the full name and business mailing address of both parties to the marriage if it differs from the business address. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and business mailing address of each general partner if it differs from the business address. If the registrant is a limited partnership, insert the full name and business mailing address of each general partner. If the registrant is a limited liability company, insert the name and business mailing address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and business mailing address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and business mailing address of each domestic partner if it differs from the business address. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4) Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) “an individual,” (ii) “a general partnership,” (iii) “a limited partnership,” (iv) “a limited liability company,” (v) “an unincorporated association other than a partnership,” (vi) “a corporation,” (vii) “a trust,” (viii) “copartners,” (ix) “a married couple,” (x) “joint venture,” (xi) “state or local registered domestic partners,” or (xii) “a limited liability partnership.”
(5) Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, “Not applicable.”
(c) The registrant shall declare that all of the information in the fictitious business name statement is true and correct. The signature of the registrant shall include the signer’s printed name and the title that gives them authority to file pursuant to Section 17914. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d) (1) At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California driver’s license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2) In the case of a registrant utilizing an agent for submission of the registrant’s fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California driver’s license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e) If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f) (1) The county clerk may require a registrant that mails a fictitious business name statement to a county clerk’s office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(2) The county clerk may accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process ensuring the registrant’s identification. The identity proofing process shall follow, to the extent reasonable, the federal guidelines for security and privacy and shall include dynamic knowledge-based authentication or an identity proofing method consistent with, at least, level 3 identity assurance, as described in the electronic authentication guidelines of the National Institute of Standards and Technology.
(g) A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 40.
Section 19120 of the Business and Professions Code is amended to read:19120.
The enforcement of all sanitization regulations pertaining to any article subject to this chapter is vested in the bureau. The bureau shall consult with the State Department of Public Health on any changes to the sanitization requirements.SEC. 41.
Section 19239 of the Business and Professions Code is amended to read:19239.
(a) Before a permit is issued, the bureau shall require the applicant to establish their knowledge and ability to engage in business as a household mover by examination. The examination may be written or oral, or in the form of a demonstration of skill, or any combination of these, and any investigation of character, experience, and any tests of technical knowledge and manual skill that the bureau determines to be appropriate may be employed. In any examination, the qualification of the applicant shall be determined by an appraisal made by a member of the bureau’s staff. The criteria used by the bureau staff in making the required appraisal to determine whether the applicant has met the qualifications shall be established by the bureau by rule or regulation, 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. An applicant who has been determined to be unqualified may establish their qualifications through a subsequent examination, but no subsequent examination shall be taken prior to 30 days from the date when the applicant was found to be unqualified. If the staff member determines that the applicant is not qualified and denies the application, the bureau shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written request with the bureau for a hearing on the denial. Upon receipt of a timely filed request, the bureau shall request that the matter be set for a hearing. The hearing 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 director shall have all the powers granted therein. If the staff member determines that the applicant is qualified, the bureau may issue a permit without a hearing.(b) An applicant may qualify in one of the following ways:
(1) If an individual, they may qualify by personal examination or by examination of their responsible managing employee.
(2) If a partnership or corporation, or any other type of business organization, it may qualify by examination of the responsible managing officer, an employee who works at least 32 hours per week, or a partner of the applicant firm.
(c) If the individual qualified by examination ceases to be connected with the permitholder, the permitholder shall notify the bureau in writing within 30 days after the cessation. If notice is given, the permit shall remain in force a reasonable length of time in order that another representative of the applicant may be qualified before the bureau. If the permitholder fails to notify the bureau of the cessation within a 30-day period, at the end of that period the permit shall be automatically suspended.
(d) The bureau shall require each applicant for a permit as a household mover, as defined in Section 19225.5, to undergo a fingerprint-based state and national criminal history background check.
(1) The bureau shall submit to the Department of Justice fingerprint images and related information for each individual owner of an applicant, if the applicant is an individual or sole proprietorship, each partner, if the applicant is a partnership, each officer and director, if the applicant is a corporation, or each member and manager, if the applicant is a limited liability company, pursuant to subdivision (u) of Section 11105 of the Penal Code. The fingerprint images and related information shall be submitted for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests, and information as to the existence and content of a record of state and federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance, pending trial or appeal.
(2) The Department of Justice shall provide a response to the bureau pursuant to subdivision (p) of Section 11105 of the Penal Code.
(3) The bureau shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants.
(4) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this subdivision.
(e) The bureau may require, as a precondition to the issuance of a permit, the procurement of a performance bond sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that can be taken against the applicant.
(f) The bureau may refuse to issue a permit if it is shown that an applicant or an officer, director, partner, or associate of an applicant has committed any act constituting dishonesty or fraud; committed any act that, if committed by a permitholder, would be grounds for a suspension or revocation of the permit; misrepresented any material fact on the application; or, was convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession, except that if the bureau determines that the applicant is otherwise suitable to be issued a permit, and granting the permit would not compromise public safety, the bureau shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review.
(g) A permit shall not be issued unless it has been shown that the applicant meets one of the following residence requirements:
(1) For an individual, the applicant shall have resided in the State of California for not less than 90 days next preceding the filing of the application.
(2) For a partnership, the partner having the largest percentage interest in the partnership shall have resided in the State of California continuously for not less than 90 days next preceding the filing of the application.
(3) For a limited liability company or a corporation, the applicant shall be a domestic limited liability company or a domestic corporation or shall be qualified to transact business in the State of California as a foreign limited liability company or a foreign corporation at the time of filing the application.
(h) The bureau shall prescribe, amend, and repeal rules in accordance with law for the administration of this section.
(i) If the bureau denies an application, the bureau shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written request with the bureau for a hearing on the denial. Upon receipt of a timely filed request, the bureau shall request that the matter be set for hearing. The hearing 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 director shall have all the powers granted therein.
SEC. 42.
Section 19278 of the Business and Professions Code is amended to read:19278.
Every corporation or person other than a household mover, who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, partnership, or any other person other than a household mover, violates any provision of this chapter or fails to observe, obey, or comply with any rule, regulation, or requirement administered by the bureau pursuant to this chapter, or who procures, aids, or abets any household mover in its violation of this chapter, or in its failure to obey, observe, or comply with any such rule, regulation, or requirement, is guilty of a misdemeanor, and is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than three months, or both.SEC. 43.
Section 19279.2 of the Business and Professions Code is amended to read:19279.2.
Every corporation or person other than a household mover who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, partnership, or any other person other than a household mover, violates any provision of this chapter or fails to observe, obey, or comply with any order, decision, rule, regulation, direction, demand, or requirement administered by the bureau pursuant to this chapter, or who procures, aids, or abets any household mover in its violation of this chapter, or in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, or requirement, is subject to a citation and fine of not more than five hundred dollars ($500) for each offense.SEC. 44.
Section 13.5 of this bill incorporates amendments to Section 4980.41 of the Business and Professions Code proposed by both this bill and Assembly Bill 1598. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 4980.41 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1598, in which case Section 13 of this bill shall not become operative.SEC. 45.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.Text of SB 1445 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions