State Codes and Statutes

Statutes > California > Bpc > 4992-4992.10

BUSINESS AND PROFESSIONS CODE
SECTION 4992-4992.10



4992.  Every applicant for a license under this chapter shall file
an application with the board accompanied by the application fee
prescribed by this chapter. Every application received after January
1, 1988, shall also be accompanied by the examination fee prescribed
by this chapter.
   The application shall contain information showing that the
applicant has all the qualifications required by the board for
admission to the examination.



4992.1.  (a) Only individuals who have the qualifications prescribed
by the board under this chapter are eligible to take the
examination.
   (b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
   (c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
   (e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
   (f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
   (g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
   (h) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
   (i) This section is repealed as of the January 1 following the
date that it becomes inoperative.



4992.1.  (a) Only individuals who have the qualifications prescribed
by the board under this chapter are eligible to take the
examination.
   (b) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (c) If an applicant who has passed the examination described in
paragraph (1) of subdivision (a) of Section 4996.1 is the subject of
a complaint or is under board investigation for acts or conduct that,
if proven to be true, would constitute grounds for the board to deny
licensure, the board shall permit the applicant to take the
California jurisprudence and ethics examination, but may withhold the
results of the examination or notify the applicant that licensure
will not be granted pending completion of the investigation.
   (d) Notwithstanding Section 135, the board may deny any applicant
who has previously failed the examination permission to retake the
examination pending completion of the investigation of any complaint
against the applicant. Nothing in this section shall prohibit the
board from denying an applicant admission to any examination,
withholding the results, or refusing to issue a license to any
applicant when an accusation or statement of issues has been filed
against the applicant pursuant to Section 11503 or 11504 of the
Government Code, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
   (e) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.


4992.2.  "Advertising," as used in this chapter, includes, but is
not limited to, any public communication as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper,
magazine, or directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings
or notices in bulletins from a religious organization mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.


4992.3.  The board may deny a license or a registration, or may
suspend or revoke the license or registration of a licensee or
registrant if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
   (a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration when the
time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
   (b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
   (c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice authorized
by the registration or license. The board shall deny an application
for a registration or license or revoke the license or registration
of any person who uses or offers to use drugs in the course of
performing clinical social work. This provision does not apply to any
person also licensed as a physician and surgeon under Chapter 5
(commencing with Section 2000) or the Osteopathic Act who lawfully
prescribes drugs to a patient under his or her care.
   (d) Incompetence in the performance of clinical social work.
   (e) An act or omission that falls sufficiently below the standard
of conduct of the profession as to constitute an act of gross
negligence.
   (f) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
   (g) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
   (h) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
   (i) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
   (j) Intentionally or recklessly causing physical or emotional harm
to any client.
   (k) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
   (l) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
   (m) Performing, or holding one's self out as being able to
perform, or offering to perform or permitting, any registered
associate clinical social worker or intern under supervision to
perform any professional services beyond the scope of the license
authorized by this chapter.
   (n) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
   (p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (o).
   (q) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (r) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device. A licensee shall limit access to that test or device
to persons with professional interest who are expected to safeguard
its use.
   (s) Any conduct in the supervision of any registered associate
clinical social worker, intern, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
   (t) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (u) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (v) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (w) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (x) Failure to comply with Section 2290.5.
   (y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.



4992.33.  The board shall revoke any license issued under this
chapter upon a decision made in accordance with the procedures set
forth in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, that contains any
finding of fact that the licensee or registrant engaged in any act of
sexual contact, as defined in Section 729, when that act is with a
patient, or with a former patient when the relationship was
terminated primarily for the purpose of engaging in that act. The
revocation shall not be stayed by the administrative law judge or the
board.



4992.35.  The board may refuse to issue any registration or license
whenever it appears that an applicant may be unable to practice his
or her profession safely due to mental illness or chemical
dependency. The procedures set forth in Article 12.5 (commencing with
Section 820) of Chapter 1 shall apply to any denial of a license or
registration pursuant to this section.



4992.36.  The board may deny an application, or may suspend or
revoke a license or registration issued under this chapter, for any
of the following:
   (a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
of the United States, or by any other governmental agency, on a
license, certificate, or registration to practice clinical social
work or any other healing art shall constitute grounds for
disciplinary action for unprofessional conduct. A certified copy of
the disciplinary action decision or judgment shall be conclusive
evidence of that action.
   (b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice marriage and family
therapy, professional clinical counseling, or educational psychology
against a licensee or registrant shall also constitute grounds for
disciplinary action for unprofessional conduct under this chapter.




4992.4.  The proceedings for the suspension or revocation of
licenses under this chapter shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the board shall have all the
powers granted therein.



4992.5.  Examinations may be held at those times and places as the
board may determine. However, one examination shall be held during
each calendar year.
   The board may make arrangements with organizations furnishing
examination materials as it may deem desirable.



4992.7.  Every person who willfully makes any false statement or who
impersonates any other person or permits or aids any other person to
impersonate him or her in connection with any application or
examination is guilty of a misdemeanor.


4992.8.  A licensee or registrant shall give written notice to the
board of a name change within 30 days after each change, giving both
the old and new names. A copy of the legal document authorizing the
name change, such as a court order or marriage certificate, shall be
submitted with the notice.


4992.10.  A licensed clinical social worker who conducts a private
practice under a fictitious business name shall not use a name that
is false, misleading, or deceptive, and shall inform the patient,
prior to the commencement of treatment, of the name and license
designation of the owner or owners of the practice.

State Codes and Statutes

Statutes > California > Bpc > 4992-4992.10

BUSINESS AND PROFESSIONS CODE
SECTION 4992-4992.10



4992.  Every applicant for a license under this chapter shall file
an application with the board accompanied by the application fee
prescribed by this chapter. Every application received after January
1, 1988, shall also be accompanied by the examination fee prescribed
by this chapter.
   The application shall contain information showing that the
applicant has all the qualifications required by the board for
admission to the examination.



4992.1.  (a) Only individuals who have the qualifications prescribed
by the board under this chapter are eligible to take the
examination.
   (b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
   (c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
   (e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
   (f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
   (g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
   (h) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
   (i) This section is repealed as of the January 1 following the
date that it becomes inoperative.



4992.1.  (a) Only individuals who have the qualifications prescribed
by the board under this chapter are eligible to take the
examination.
   (b) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (c) If an applicant who has passed the examination described in
paragraph (1) of subdivision (a) of Section 4996.1 is the subject of
a complaint or is under board investigation for acts or conduct that,
if proven to be true, would constitute grounds for the board to deny
licensure, the board shall permit the applicant to take the
California jurisprudence and ethics examination, but may withhold the
results of the examination or notify the applicant that licensure
will not be granted pending completion of the investigation.
   (d) Notwithstanding Section 135, the board may deny any applicant
who has previously failed the examination permission to retake the
examination pending completion of the investigation of any complaint
against the applicant. Nothing in this section shall prohibit the
board from denying an applicant admission to any examination,
withholding the results, or refusing to issue a license to any
applicant when an accusation or statement of issues has been filed
against the applicant pursuant to Section 11503 or 11504 of the
Government Code, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
   (e) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.


4992.2.  "Advertising," as used in this chapter, includes, but is
not limited to, any public communication as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper,
magazine, or directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings
or notices in bulletins from a religious organization mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.


4992.3.  The board may deny a license or a registration, or may
suspend or revoke the license or registration of a licensee or
registrant if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
   (a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration when the
time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
   (b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
   (c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice authorized
by the registration or license. The board shall deny an application
for a registration or license or revoke the license or registration
of any person who uses or offers to use drugs in the course of
performing clinical social work. This provision does not apply to any
person also licensed as a physician and surgeon under Chapter 5
(commencing with Section 2000) or the Osteopathic Act who lawfully
prescribes drugs to a patient under his or her care.
   (d) Incompetence in the performance of clinical social work.
   (e) An act or omission that falls sufficiently below the standard
of conduct of the profession as to constitute an act of gross
negligence.
   (f) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
   (g) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
   (h) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
   (i) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
   (j) Intentionally or recklessly causing physical or emotional harm
to any client.
   (k) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
   (l) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
   (m) Performing, or holding one's self out as being able to
perform, or offering to perform or permitting, any registered
associate clinical social worker or intern under supervision to
perform any professional services beyond the scope of the license
authorized by this chapter.
   (n) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
   (p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (o).
   (q) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (r) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device. A licensee shall limit access to that test or device
to persons with professional interest who are expected to safeguard
its use.
   (s) Any conduct in the supervision of any registered associate
clinical social worker, intern, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
   (t) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (u) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (v) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (w) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (x) Failure to comply with Section 2290.5.
   (y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.



4992.33.  The board shall revoke any license issued under this
chapter upon a decision made in accordance with the procedures set
forth in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, that contains any
finding of fact that the licensee or registrant engaged in any act of
sexual contact, as defined in Section 729, when that act is with a
patient, or with a former patient when the relationship was
terminated primarily for the purpose of engaging in that act. The
revocation shall not be stayed by the administrative law judge or the
board.



4992.35.  The board may refuse to issue any registration or license
whenever it appears that an applicant may be unable to practice his
or her profession safely due to mental illness or chemical
dependency. The procedures set forth in Article 12.5 (commencing with
Section 820) of Chapter 1 shall apply to any denial of a license or
registration pursuant to this section.



4992.36.  The board may deny an application, or may suspend or
revoke a license or registration issued under this chapter, for any
of the following:
   (a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
of the United States, or by any other governmental agency, on a
license, certificate, or registration to practice clinical social
work or any other healing art shall constitute grounds for
disciplinary action for unprofessional conduct. A certified copy of
the disciplinary action decision or judgment shall be conclusive
evidence of that action.
   (b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice marriage and family
therapy, professional clinical counseling, or educational psychology
against a licensee or registrant shall also constitute grounds for
disciplinary action for unprofessional conduct under this chapter.




4992.4.  The proceedings for the suspension or revocation of
licenses under this chapter shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the board shall have all the
powers granted therein.



4992.5.  Examinations may be held at those times and places as the
board may determine. However, one examination shall be held during
each calendar year.
   The board may make arrangements with organizations furnishing
examination materials as it may deem desirable.



4992.7.  Every person who willfully makes any false statement or who
impersonates any other person or permits or aids any other person to
impersonate him or her in connection with any application or
examination is guilty of a misdemeanor.


4992.8.  A licensee or registrant shall give written notice to the
board of a name change within 30 days after each change, giving both
the old and new names. A copy of the legal document authorizing the
name change, such as a court order or marriage certificate, shall be
submitted with the notice.


4992.10.  A licensed clinical social worker who conducts a private
practice under a fictitious business name shall not use a name that
is false, misleading, or deceptive, and shall inform the patient,
prior to the commencement of treatment, of the name and license
designation of the owner or owners of the practice.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 4992-4992.10

BUSINESS AND PROFESSIONS CODE
SECTION 4992-4992.10



4992.  Every applicant for a license under this chapter shall file
an application with the board accompanied by the application fee
prescribed by this chapter. Every application received after January
1, 1988, shall also be accompanied by the examination fee prescribed
by this chapter.
   The application shall contain information showing that the
applicant has all the qualifications required by the board for
admission to the examination.



4992.1.  (a) Only individuals who have the qualifications prescribed
by the board under this chapter are eligible to take the
examination.
   (b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
   (c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
   (e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
   (f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
   (g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
   (h) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
   (i) This section is repealed as of the January 1 following the
date that it becomes inoperative.



4992.1.  (a) Only individuals who have the qualifications prescribed
by the board under this chapter are eligible to take the
examination.
   (b) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (c) If an applicant who has passed the examination described in
paragraph (1) of subdivision (a) of Section 4996.1 is the subject of
a complaint or is under board investigation for acts or conduct that,
if proven to be true, would constitute grounds for the board to deny
licensure, the board shall permit the applicant to take the
California jurisprudence and ethics examination, but may withhold the
results of the examination or notify the applicant that licensure
will not be granted pending completion of the investigation.
   (d) Notwithstanding Section 135, the board may deny any applicant
who has previously failed the examination permission to retake the
examination pending completion of the investigation of any complaint
against the applicant. Nothing in this section shall prohibit the
board from denying an applicant admission to any examination,
withholding the results, or refusing to issue a license to any
applicant when an accusation or statement of issues has been filed
against the applicant pursuant to Section 11503 or 11504 of the
Government Code, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
   (e) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.


4992.2.  "Advertising," as used in this chapter, includes, but is
not limited to, any public communication as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper,
magazine, or directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings
or notices in bulletins from a religious organization mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.


4992.3.  The board may deny a license or a registration, or may
suspend or revoke the license or registration of a licensee or
registrant if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
   (a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration when the
time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
   (b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
   (c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice authorized
by the registration or license. The board shall deny an application
for a registration or license or revoke the license or registration
of any person who uses or offers to use drugs in the course of
performing clinical social work. This provision does not apply to any
person also licensed as a physician and surgeon under Chapter 5
(commencing with Section 2000) or the Osteopathic Act who lawfully
prescribes drugs to a patient under his or her care.
   (d) Incompetence in the performance of clinical social work.
   (e) An act or omission that falls sufficiently below the standard
of conduct of the profession as to constitute an act of gross
negligence.
   (f) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
   (g) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
   (h) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
   (i) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
   (j) Intentionally or recklessly causing physical or emotional harm
to any client.
   (k) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
   (l) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
   (m) Performing, or holding one's self out as being able to
perform, or offering to perform or permitting, any registered
associate clinical social worker or intern under supervision to
perform any professional services beyond the scope of the license
authorized by this chapter.
   (n) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
   (p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (o).
   (q) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (r) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device. A licensee shall limit access to that test or device
to persons with professional interest who are expected to safeguard
its use.
   (s) Any conduct in the supervision of any registered associate
clinical social worker, intern, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
   (t) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (u) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (v) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (w) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (x) Failure to comply with Section 2290.5.
   (y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.



4992.33.  The board shall revoke any license issued under this
chapter upon a decision made in accordance with the procedures set
forth in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, that contains any
finding of fact that the licensee or registrant engaged in any act of
sexual contact, as defined in Section 729, when that act is with a
patient, or with a former patient when the relationship was
terminated primarily for the purpose of engaging in that act. The
revocation shall not be stayed by the administrative law judge or the
board.



4992.35.  The board may refuse to issue any registration or license
whenever it appears that an applicant may be unable to practice his
or her profession safely due to mental illness or chemical
dependency. The procedures set forth in Article 12.5 (commencing with
Section 820) of Chapter 1 shall apply to any denial of a license or
registration pursuant to this section.



4992.36.  The board may deny an application, or may suspend or
revoke a license or registration issued under this chapter, for any
of the following:
   (a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
of the United States, or by any other governmental agency, on a
license, certificate, or registration to practice clinical social
work or any other healing art shall constitute grounds for
disciplinary action for unprofessional conduct. A certified copy of
the disciplinary action decision or judgment shall be conclusive
evidence of that action.
   (b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice marriage and family
therapy, professional clinical counseling, or educational psychology
against a licensee or registrant shall also constitute grounds for
disciplinary action for unprofessional conduct under this chapter.




4992.4.  The proceedings for the suspension or revocation of
licenses under this chapter shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the board shall have all the
powers granted therein.



4992.5.  Examinations may be held at those times and places as the
board may determine. However, one examination shall be held during
each calendar year.
   The board may make arrangements with organizations furnishing
examination materials as it may deem desirable.



4992.7.  Every person who willfully makes any false statement or who
impersonates any other person or permits or aids any other person to
impersonate him or her in connection with any application or
examination is guilty of a misdemeanor.


4992.8.  A licensee or registrant shall give written notice to the
board of a name change within 30 days after each change, giving both
the old and new names. A copy of the legal document authorizing the
name change, such as a court order or marriage certificate, shall be
submitted with the notice.


4992.10.  A licensed clinical social worker who conducts a private
practice under a fictitious business name shall not use a name that
is false, misleading, or deceptive, and shall inform the patient,
prior to the commencement of treatment, of the name and license
designation of the owner or owners of the practice.