State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 4999.30-4999.62

BUSINESS AND PROFESSIONS CODE
SECTION 4999.30-4999.62



4999.30.  Except as otherwise provided in this chapter, a person
shall not practice or advertise the performance of professional
clinical counseling services without a license issued by the board,
and shall pay the license fee required by this chapter.




4999.32.  (a) This section shall apply to applicants for examination
eligibility or registration who begin graduate study before August
1, 2012, and complete that study on or before December 31, 2018.
Those applicants may alternatively qualify under paragraph (2) of
subdivision (a) of Section 4999.33.
   (b) To qualify for examination eligibility 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 contain not less
than 48 graduate semester or 72 graduate quarter units of
instruction, which shall, except as provided in subdivision (d),
include all of the following:
   (1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in each of following core
content areas:
   (A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
   (B) Human growth and development across the lifespan, including
normal and abnormal behavior and an understanding of developmental
crises, disability, psychopathology, and situational and
environmental factors that affect both normal and abnormal behavior.
   (C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family, and other life roles and factors, including the
role of multicultural issues in career development.
   (D) Group counseling theories and techniques, including principles
of group dynamics, group process components, developmental stage
theories, therapeutic factors of group work, group leadership styles
and approaches, pertinent research and literature, group counseling
methods, and evaluation of effectiveness.
   (E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistical concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
   (F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
   (G) Principles of the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
   (H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
   (I) Professional orientation, ethics, and law in counseling,
including professional ethical standards and legal considerations,
licensing law and process, regulatory laws that delineate the
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, or the equivalent, in
a clinical setting that provides a range of professional clinical
counseling experience, including the following:
   (A) Applied psychotherapeutic techniques.
   (B) Assessment.
   (C) Diagnosis.
   (D) Prognosis.
   (E) Treatment.
   (F) Issues of development, adjustment, and maladjustment.
   (G) Health and wellness promotion.
   (H) Other recognized counseling interventions.
   (I) A minimum of 150 hours of face-to-face supervised clinical
experience counseling individuals, families, or groups.
   (d) (1) An applicant whose degree is deficient in no more than two
of the required areas of study listed in subparagraphs (A) to (I),
inclusive, of paragraph (1) of subdivision (c) may satisfy those
deficiencies by successfully completing post-master's or postdoctoral
degree coursework at an accredited or approved institution, as
defined in Section 4999.12.
   (2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (I), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
   (3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.
   (e) In addition to the degree described in this section, or as
part of that degree, an applicant shall complete the following
coursework or training prior to registration as an intern:
   (1) A minimum of 15 contact hours of instruction in alcoholism and
other chemical substance abuse dependency, as specified by
regulation.
   (2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
   (3) A two semester unit or three quarter unit survey course in
psychopharmacology.
   (4) A minimum of 15 contact hours of instruction in spousal or
partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics.
   (5) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations adopted thereunder.
   (6) A minimum of 18 contact hours of instruction in California law
and professional ethics for professional clinical counselors. 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.
   (f) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2019, deletes or extends that
date.



4999.33.  (a) This section shall apply to the following:
   (1) Applicants for examination eligibility 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 examination eligibility 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 examination eligibility or registration who
begin graduate study on or after August 1, 2012.
   (b) To qualify for examination eligibility 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 contain not less
than 60 graduate semester or 90 graduate quarter units of
instruction, which shall, except as provided in subdivision (f),
include all of the following:
   (1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in all of the following core
content areas:
   (A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
   (B) Human growth and development across the lifespan, including
normal and abnormal behavior and an understanding of developmental
crises, disability, psychopathology, and situational and
environmental factors that affect both normal and abnormal behavior.
   (C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family, and other life roles and factors, including the
role of multicultural issues in career development.
   (D) Group counseling theories and techniques, including principles
of group dynamics, group process components, group developmental
stage theories, therapeutic factors of group work, group leadership
styles and approaches, pertinent research and literature, group
counseling methods, and evaluation of effectiveness.
   (E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistical concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
   (F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
   (G) Principles of the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
   (H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
   (I) Professional orientation, ethics, and law in counseling,
including California law and professional ethics for professional
clinical counselors, professional ethical standards and legal
considerations, licensing law and process, regulatory laws that
delineate the 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, or the equivalent, in
a clinical setting that provides a range of professional clinical
counseling experience, including the following:
   (A) Applied psychotherapeutic techniques.
   (B) Assessment.
   (C) Diagnosis.
   (D) Prognosis.
   (E) Treatment.
   (F) Issues of development, adjustment, and maladjustment.
   (G) Health and wellness promotion.
   (H) Professional writing including documentation of services,
treatment plans, and progress notes.
   (I) How to find and use resources.
   (J) Other recognized counseling interventions.
   (K) A minimum of 280 hours of face-to-face supervised clinical
experience counseling individuals, families, or groups.
   (d) The 60 graduate semester units or 90 graduate quarter units of
instruction required pursuant to subdivision (c) shall, in addition
to meeting the requirements of subdivision (c), include instruction
in all of the following:
   (1) The understanding of human behavior within the social context
of socioeconomic status and other contextual issues affecting social
position.
   (2) The understanding of human behavior within the social context
of a representative variety of the cultures found within California.
   (3) Cultural competency and sensitivity, including a familiarity
with the racial, cultural, linguistic, and ethnic backgrounds of
persons living in California.
   (4) An understanding of the effects of socioeconomic status on
treatment and available resources.
   (5) Multicultural development and cross-cultural interaction,
including experiences of race, ethnicity, class, spirituality, sexual
orientation, gender, and disability and their incorporation into the
psychotherapeutic process.
   (6) Case management, systems of care for the severely mentally
ill, public and private services for the severely mentally ill,
community resources for victims of abuse, disaster and trauma
response, advocacy for the severely mentally ill, and collaborative
treatment. The instruction required in this paragraph may be provided
either in credit level coursework or through extension programs
offered by the degree-granting institution.
   (7) Human sexuality, including the study of the physiological,
psychological, and social cultural variables associated with sexual
behavior, gender identity, and the assessment and treatment of
psychosexual dysfunction.
   (8) Spousal or partner abuse assessment, detection, intervention
strategies, and same-gender abuse dynamics.
   (9) Child abuse assessment and reporting.
   (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) 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.
   (2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (M), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
   (3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.



4999.34.  A clinical counselor trainee may be credited with
predegree supervised practicum and field study experience completed
in a setting that meets all of the following requirements:
   (a) Lawfully and regularly provides mental health counseling and
psychotherapy.
   (b) Provides oversight to ensure that the clinical counselor
trainee's work at the setting meets the practicum and field study
experience and requirements set forth in this chapter and is within
the scope of practice for licensed professional clinical counselors.
   (c) Is not a private practice.
   (d) Experience may be gained by the clinical counselor trainee
solely as part of the position for which the clinical counselor
trainee volunteers or is employed.



4999.36.  (a) A clinical counselor trainee may perform activities
and services provided that the activities and services constitute
part of the clinical counselor trainee's supervised course of study
and that the person is designated by the title "clinical counselor
trainee."
   (b) All practicum and field study hours gained as a clinical
counselor trainee shall be coordinated between the school and the
site where hours are being accrued. The school shall approve each
site and shall have a written agreement with each site that details
each party's responsibilities, including the methods by which
supervision shall be provided. The agreement shall provide for
regular progress reports and evaluations of the student's performance
at the site.
   (c) If an applicant has gained practicum and field study hours
while enrolled in an institution other than the one that confers the
qualifying degree, it shall be the applicant's responsibility to
provide to the board satisfactory evidence that those practicum and
field study hours were gained in compliance with this section.
   (d) A clinical counselor trainee shall inform each client or
patient, prior to performing any professional services, that he or
she is unlicensed and under supervision.
   (e) No hours earned while a clinical counselor trainee may count
toward the 3,000 hours of postdegree internship hours.
   (f) A clinical counselor trainee shall receive an average of at
least one hour of direct supervisor contact for every five hours of
client contact in each setting. For purposes of this subdivision,
"one hour of direct supervisor contact" means one hour of
face-to-face contact on an individual basis or two hours of
face-to-face contact in a group of not more than eight persons in
segments lasting no less than one continuous hour.



4999.40.  (a) Each educational institution preparing applicants to
qualify for licensure shall notify each of its students by means of
its public documents or otherwise in writing that its degree program
is designed to meet the requirements of Section 4999.32 or 4999.33
and shall certify to the board that it has so notified its students.
   (b) An applicant trained at an educational institution outside the
United States shall demonstrate to the satisfaction of the board
that he or she possesses a qualifying degree that is equivalent to a
degree earned from an institution of higher education that is
accredited or approved. These applicants shall provide the board with
a comprehensive evaluation of the degree performed by a foreign
credential evaluation service that is a member of the National
Association of Credential Evaluation Services and shall provide any
other documentation the board deems necessary.



4999.42.  (a) To qualify for registration as an intern, an applicant
shall have all of the following qualifications:
   (1) The applicant shall have earned a master's or doctoral degree
as specified in Section 4999.32 or 4999.33, as applicable. An
applicant whose education qualifies him or her under Section 4999.32
shall also have completed the coursework or training specified in
subdivision (e) of Section 4999.32.
   (2) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480.
   (3) The board shall not issue a registration to any person who has
been convicted of a crime in this or another state or in a territory
of the United States that involves sexual abuse of children or who
is required to register pursuant to Section 290 of the Penal Code or
the equivalent in another state or territory.
   (b) The board shall begin accepting applications for intern
registration on January 1, 2011.



4999.44.  An intern may be credited with supervised experience
completed in any setting that meets all of the following
requirements:
   (a) Lawfully and regularly provides mental health counseling or
psychotherapy.
   (b) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as specified in Article 2 (commencing with Section
4999.20).
   (c) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
   (d) An intern shall not be employed or volunteer in a private
practice until registered as an intern.


4999.45.  An intern employed under this chapter shall:
   (a) Not perform any duties, except for those services provided as
a clinical counselor trainee, until registered as an intern.
   (b) Not be employed or volunteer in a private practice until
registered as an intern.
   (c) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
   (d) File for renewal annually for a maximum of five years after
initial registration with the board.
   (e) Cease continued employment as an intern after six years unless
the requirements of subdivision (f) are met.
   (f) When no further renewals are possible, an applicant may apply
for and obtain a new intern registration if the applicant meets the
educational requirements for registration in effect at the time of
the application for a new intern registration. An applicant issued a
subsequent intern registration pursuant to this subdivision may be
employed or volunteer in any allowable work setting except private
practice.


4999.46.  (a) To qualify for licensure, applicants shall complete
clinical mental health experience under the general supervision of an
approved supervisor as defined in Section 4999.12.
   (b) The experience shall include a minimum of 3,000 postdegree
hours of supervised clinical mental health experience related to the
practice of professional clinical counseling, performed over a period
of not less than two years (104 weeks) which shall include:
   (1) Not more than 40 hours in any seven consecutive days.
   (2) Not less than 1,750 hours of direct counseling with
individuals or groups in a setting described in Section 4999.44 using
a variety of psychotherapeutic techniques and recognized counseling
interventions within the scope of practice of licensed professional
clinical counselors.
   (3) Not more than 500 hours of experience providing group therapy
or group counseling.
   (4) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
   (5) Not less than 150 hours of clinical experience in a hospital
or community mental health setting.
   (6) Not more than a combined total of 1,250 hours of experience in
the following related activities:
   (A) Direct supervisor contact.
   (B) Client centered advocacy.
   (C) Not more than 250 hours of experience administering tests and
evaluating psychological tests of clients, writing clinical reports,
writing progress notes, or writing process notes.
   (D) Not more than 250 hours of verified attendance at workshops,
training sessions, or conferences directly related to professional
clinical counseling that are approved by the applicant's supervisor.
   (c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.
   (d) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is registered as an intern by the board.
   (e) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional clinical counseling.
   (f) Experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Experience obtained under
the supervision of a supervisor with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
   (g) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting.
   (1) No more than five hours of supervision, whether individual or
group, shall be credited during any single week.
   (2) An intern shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.
   (3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons in segments lasting no less than one continuous
hour.
   (4) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable, may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.



4999.47.  (a) Clinical counselor trainees, interns, and applicants
shall perform services as an employee or as a volunteer, not as an
independent contractor.
   The requirements of this chapter regarding gaining hours of
clinical mental health experience and supervision are applicable
equally to employees and volunteers.
   (b) Clinical counselor trainees, interns, and applicants shall not
receive any remuneration from patients or clients, and shall only be
paid by their employers.
   (c) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration.
   (d) Clinical counselor trainees, interns, and applicants who
provide voluntary services or other services, and who receive no more
than a total, from all work settings, of five hundred dollars ($500)
per month as reimbursement for expenses actually incurred by those
clinical counselor trainees, interns, and applicants for services
rendered in any lawful work setting other than a private practice
shall be considered an employee and not an independent contractor.
   (e) The board may audit an intern or applicant who receives
reimbursement for expenses and the intern or applicant shall have the
burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
   (f) Clinical counselor trainees, interns, and applicants shall
only perform services at the place where their employer regularly
conducts business and services, which may include other locations, as
long as the services are performed under the direction and control
of the employer and supervisor in compliance with the laws and
regulations pertaining to supervision. Clinical counselor trainees,
interns, and applicants shall have no proprietary interest in the
employer's business.
   (g) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and clinical counselor trainees regarding the
advisability of undertaking individual, marital or conjoint, family,
or group counseling or psychotherapy, as appropriate. Insofar as it
is deemed appropriate and is desired by the applicant, the
educational institution and supervisors are encouraged to assist the
applicant in locating that counseling or psychotherapy at a
reasonable cost.


4999.48.  The board shall adopt regulations regarding the
supervision of interns which may include, but not be limited to, the
following:
   (a) Supervisor qualifications.
   (b) Continuing education requirements of supervisors.
   (c) Registration or licensing of supervisors, or both.
   (d) General responsibilities of supervisors.
   (e) The board's authority in cases of noncompliance or gross or
repeated negligence by supervisors.



4999.50.  (a) The board may issue a professional clinical counselor
license to any person who meets all of the following requirements:
   (1) He or she has received a master's or doctoral degree described
in Section 4999.32 or 4999.33, as applicable.
   (2) He or she has completed at least 3,000 hours of supervised
experience in the practice of professional clinical counseling as
provided in Section 4999.46.
   (3) He or she provides evidence of a passing score, as determined
by the board, on examinations designated by the board pursuant to
Section 4999.52.
   (b) An applicant who has satisfied the requirements of this
chapter shall be issued a license as a professional clinical
counselor in the form that the board may deem appropriate.
   (c) The board shall begin accepting applications for examination
eligibility on January 1, 2012.



4999.51.  To qualify for licensure as a professional clinical
counselor or registration as an intern, applicants shall meet the
board's regulatory requirements for professional clinical counselor
licensure or intern registration, as applicable, including the
following:
   (a) The applicant has not committed acts or crimes constituting
grounds for denial of licensure under Section 480.
   (b) The board shall not issue a license or registration to any
person who has been convicted of a crime in this or another state or
in a territory of the United States that involves sexual abuse of
children or who is required to register pursuant to Section 290 of
the Penal Code or the equivalent in another state or territory.
   (c) The applicant has successfully passed a state and federal
level criminal offender record information search conducted through
the Department of Justice, as follows:
   (1) The board shall direct applicants to electronically submit to
the Department of Justice fingerprint images and related information
required by the Department of Justice for the purpose of obtaining
information as to the existence and content of a record of state and
federal level convictions and arrests and information as to the
existence and content of a record of state or federal level arrests
for which the Department of Justice establishes that the person is
free on bail or on his or her own recognizance pending trial or
appeal.
   (2) The Department of Justice shall forward the fingerprint images
and related information received pursuant to paragraph (1) to the
Federal Bureau of Investigation and request a federal summary for
criminal history information.
   (3) The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the board pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
   (4) The board shall request from the Department of Justice
subsequent arrest notification service, pursuant to Section 11105.2
of the Penal Code, for each person who submitted information pursuant
to paragraph (1).
   (5) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.




4999.52.  (a) Except as provided in Sections 4999.54 and 4999.56,
every applicant for a license as a professional clinical counselor
shall be examined by the board. The board shall examine the candidate
with regard to his or her knowledge and professional skills and his
or her judgment in the utilization of appropriate techniques and
methods.
   (b) The examinations shall be given at least twice a year at a
time and place and under supervision as the board may determine.
   (c) (1) It is the intent of the Legislature that national
licensing examinations, such as the National Counselor Examination
for Licensure and Certification (NCE) and the National Clinical
Mental Health Counselor Examination (NCMHCE), be evaluated by the
board as requirements for licensure as a professional clinical
counselor.
   (2) The board shall evaluate various national examinations in
order to determine whether they meet the prevailing standards for the
validation and use of licensing and certification tests in
California.
   (3) The Department of Consumer Affairs' Office of Professional
Examination Services shall review the occupational analysis that was
used for developing the national examinations in order to determine
if it adequately describes the licensing group and adequately
determines the tasks, knowledge, skills, and abilities the licensed
professional clinical counselor would need to perform the functions
under this chapter.
   (4) Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
   (5) If national examinations do not meet the standards specified
in paragraph (2), the board may require a passing score on either of
the following:
   (A) The national examinations plus one or more board-developed
examinations.
   (B) One or more board-developed examinations.
   (6) The licensing examinations shall also incorporate a California
jurisprudence and ethics examination element that is acceptable to
the board, or, as an alternative, the board may develop a separate
California jurisprudence and ethics examination.
   (d) The board shall not deny any applicant who has submitted a
complete application for examination admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
   (e) The board shall not deny any applicant whose application for
licensure is complete admission to the examinations, nor shall the
board postpone or delay any applicant's examinations or delay
informing the candidate of the results of the examinations, solely
upon the receipt by the board of a complaint alleging acts or conduct
that would constitute grounds to deny licensure.
   (f) If an applicant for 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 examinations, but
may notify the applicant that licensure will not be granted pending
completion of the investigation.
   (g) Notwithstanding Section 135, the board may deny any applicant
who has previously failed an examination permission to retake that
examination pending completion of the investigation of any complaints
against the applicant.
   (h) 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, respectively, or the
application has been denied in accordance with subdivision (b) of
Section 485.
   (i) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.



4999.54.  (a) Notwithstanding Section 4999.50, the board may issue a
license to any person who submits an application for a license
between January 1, 2011, and June 30, 2011, provided that all
documentation is submitted within 12 months of the board's evaluation
of the application, and provided he or she meets one of the
following sets of criteria:
   (1) He or she meets all of the following requirements:
   (A) Has a master's or doctoral degree from a school, college, or
university as specified in Section 4999.32, that is counseling or
psychotherapy in content. If the person's degree does not include all
the graduate coursework in all nine core content areas as required
by paragraph (1) of subdivision (c) of Section 4999.32, a person
shall provide documentation that he or she has completed the required
coursework prior to licensure pursuant to this chapter. Except as
specified in clause (ii), a qualifying degree must include the
supervised practicum or field study experience as required in
paragraph (3) of subdivision (c) of Section 4999.32.
   (i) A counselor educator whose degree contains at least seven of
the nine required core content areas shall be given credit for
coursework not contained in the degree if the counselor educator
provides documentation that he or she has taught the equivalent of
the required core content areas in a graduate program in counseling
or a related area.
   (ii) Degrees issued prior to 1996 shall include a minimum of 30
semester units or 45 quarter units and at least six of the nine
required core content areas specified in paragraph (1) of subdivision
(c) of Section 4999.32 and three semester units or four and one-half
quarter units of supervised practicum or field study experience. The
total number of units shall be no less than 48 semester units or 72
quarter units.
   (iii) Degrees issued in 1996 and after shall include a minimum of
48 semester units or 72 quarter units and at least seven of the nine
core content areas specified in paragraph (1) of subdivision (c) of
Section 4999.32.
   (B) Has completed all of the coursework or training specified in
subdivision (e) of Section 4999.32.
   (C) Has at least two years, full-time or the equivalent, of
postdegree counseling experience, that includes at least 1,700 hours
of experience in a clinical setting supervised by a licensed marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, a licensed physician and surgeon specializing in
psychiatry, or a master's level counselor or therapist who is
certified by a national certifying or registering organization,
including, but not limited to, the National Board for Certified
Counselors or the Commission on Rehabilitation Counselor
Certification.
   (D) Has a passing score on the following examinations:
   (i) The National Counselor Examination for Licensure and
Certification or the Certified Rehabilitation Counselor Examination.
   (ii) The National Clinical Mental Health Counselor Examination.
   (iii) A California jurisprudence and ethics examination, when
developed by the board.
   (2) Is currently licensed as a marriage and family therapist in
the State of California, meets the coursework requirements described
in subparagraph (A) of paragraph (1), and passes the examination
described in subdivision (b).
   (3) Is currently licensed as a clinical social worker in the State
of California, meets the coursework requirements described in
subparagraph (A) of paragraph (1), and passes the examination
described in subdivision (b).
   (b) (1) The board and the Office of Professional Examination
Services shall jointly develop an examination on the differences, if
any differences exist, between the following:
   (A) The practice of professional clinical counseling and the
practice of marriage and family therapy.
   (B) The practice of professional clinical counseling and the
practice of clinical social work.
   (2) If the board, in consultation with the Office of Professional
Examination Services, determines that an examination is necessary
pursuant to this subdivision, an applicant described in paragraphs
(2) and (3) of subdivision (a) shall pass the examination as a
condition of licensure.
   (c) Nothing in this section shall be construed to expand or
constrict the scope of practice of professional clinical counseling,
as defined in Section 4999.20.


4999.56.  (a) A license issued under paragraph (1) of subdivision
(a) of Section 4999.54 shall be valid for six years from the issuance
date of the initial license provided that the license is annually
renewed during that period pursuant to Section 4999.101. After this
six-year period, it shall be canceled unless the licensee does both
of the following within the next renewal period:
   (1) Obtains a licensure renewal as provided in Section 4999.101.
   (2) Passes the examinations required for licensure on or after
January 1, 2012, as required by the board pursuant to Section
4999.52, or documents that he or she has already passed those
examinations.
   (b) Upon failure to meet the requirements set forth in this
section, a license issued pursuant to paragraph (1) of subdivision
(a) of Section 4999.54 shall be canceled and the person shall be
required to meet the requirements listed in Section 4999.50 to obtain
a new license.
   (c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.



4999.57.  (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who does not hold a license described
in subdivision (a) of Section 4999.58.
   (b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board.
   (c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant completes,
in addition to the course described in subparagraph (I) of paragraph
(1) of subdivision (c) of Section 4999.32, an 18-hour course in
California law and professional ethics that includes, but is not
limited to, instruction in advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability Act,
dual relationships, child abuse, elder and dependent adult abuse,
online therapy, insurance reimbursement, civil liability,
disciplinary actions and unprofessional conduct, ethics complaints
and ethical standards, termination of therapy, standards of care,
relevant family law, and therapist disclosures to clients.
   (d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
   (1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
   (2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
   (3) The applicant's degree otherwise complies with this section.
   (e) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.




4999.58.  (a) This section applies to a person who applies for
examination eligibility between January 1, 2011, and December 31,
2013, inclusive, and who meets both of the following requirements:
   (1) At the time of application, holds a valid license as a
professional clinical counselor, or other counseling license that
allows the applicant to independently provide clinical mental health
services, in another jurisdiction of the United States.
   (2) Has held the license described in paragraph (1) for at least
two years immediately preceding the date of application.
   (b) The board may issue a license to a person described in
subdivision (a) if all of the following requirements are satisfied:
   (1) The education and supervised experience requirements of the
other jurisdiction are substantially the equivalent of this chapter,
as described in subdivision (e) and in Section 4999.46.
   (2) The person complies with subdivision (b) of Section 4999.40,
if applicable.
   (3) The person successfully completes the examinations required by
the board pursuant to paragraph (3) of subdivision (a) of Section
4999.50.
   (4) The person pays the required fees.
   (c) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter. The board shall consider hours of
experience obtained in another state during the six-year period
immediately preceding the applicant's initial licensure by that state
as a licensed professional clinical counselor.
   (d) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant completes,
in addition to the course described in subparagraph (I) of paragraph
(1) of subdivision (c) of Section 4999.32, an 18-hour course in
California law and professional ethics that includes, but is not
limited to, instruction in advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability Act,
dual relationships, child abuse, elder and dependent adult abuse,
online therapy, insurance reimbursement, civil liability,
disciplinary actions and unprofessional conduct, ethics complaints
and ethical standards, termination of therapy, standards of care,
relevant family law, and therapist disclosures to clients.
   (e) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
   (1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
   (2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
   (3) The applicant's degree otherwise complies with this section.
   (f) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.



4999.59.  (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who meets both of the following
requirements:
   (1) At the time of application, holds a valid license described in
paragraph (1) of subdivision (a) of Section 4999.58.
   (2) Has held the license described in paragraph (1) for less than
two years immediately preceding the date of application.
   (b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board. The
board shall consider hours of experience obtained in another state
during the six-year period immediately preceding the applicant's
initial licensure in that state as a professional clinical counselor.
   (c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant completes,
in addition to the course described in subparagraph (I) of paragraph
(1) of subdivision (c) of Section 4999.32, an 18-hour course in
California law and professional ethics that includes, but is not
limited to, instruction in advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability Act,
dual relationships, child abuse, elder and dependent adult abuse,
online therapy, insurance reimbursement, civil liability,
disciplinary actions and unprofessional conduct, ethics complaints
and ethical standards, termination of therapy, standards of care,
relevant family law, and therapist disclosures to clients.
   (d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
   (1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
   (2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
   (3) The applicant's degree otherwise complies with this section.
   (e) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.



4999.60.  (a) This section applies to persons who are licensed
outside of California and apply for examination eligibility on or
after January 1, 2014.
   (b) 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 valid license as a professional clinical counselor, or other
counseling license that allows the applicant to independently provide
clinical mental health services, in another jurisdiction of the
United States if all of the following conditions are satisfied:
   (1) The applicant's education is substantially equivalent, as
defined in Section 4999.62.
   (2) The applicant complies with subdivision (b) of Section
4999.40, if applicable.
   (3) The applicant's supervised experience is substantially
equivalent to that required for a license under this chapter. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the date
the applicant initially obtained the license described above.
   (4) The applicant passes the examinations required to obtain a
license under this chapter.



4999.61.  (a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2014,
and who do not hold a license as described in Section 4999.60.
   (b) The board shall accept education gained while residing outside
of California for purposes of satisfying licensure or registration
requirements if the education is substantially equivalent, as defined
in Section 4999.62, and the applicant complies with subdivision (b)
of Section 4999.40, if applicable.
   (c) The board shall accept experience gained outside of California
for purposes of satisfying licensure or registration requirements if
the experience is substantially equivalent to that required by this
chapter.


4999.62.  (a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2014.
   (b) For purposes of Sections 4999.60 and 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, 48 semester or 72 quarter units, including, but not limited
to, both of the following:
   (A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 280 hours of face-to-face
counseling.
   (B) The required areas of study listed in subparagraphs (A) to
(M), inclusive, of paragraph (1) of subdivision (c) of Section
4999.33.
   (2) The applicant completes any units and course content
requirements under Section 4999.33 not already completed in his or
her education.
   (3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:
   (A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.
   (B) An understanding of various California cultures and the social
and psychological implications of socioeconomic position.
   (C) Structured meeting 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) Instruction in behavioral addiction and co-occurring substance
abuse and mental health disorders, as specified in subparagraph (K)
of paragraph (1) of subdivision (c) of Section 4999.33.
   (4) The applicant completes, in addition to the course described
in subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33, an 18-hour course in California law and professional ethics
that includes, but is not limited to, instruction in advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous clients, psychotherapist-client privilege,
recordkeeping, client access to records, the Health Insurance
Portability and Accountability Act, dual relationships, child abuse,
elder and dependent adult abuse, online therapy, insurance
reimbursement, civil liability, disciplinary actions and
unprofessional conduct, ethics complaints and ethical standards,
termination of therapy, standards of care, relevant family law, and
therapist disclosures to clients.