BILL NUMBER: SB 2026 CHAPTERED
BILL TEXT
CHAPTER 1013
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002
APPROVED BY GOVERNOR SEPTEMBER 27, 2002
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 26, 2002
AMENDED IN ASSEMBLY AUGUST 23, 2002
AMENDED IN ASSEMBLY JULY 25, 2002
AMENDED IN ASSEMBLY JUNE 17, 2002
AMENDED IN ASSEMBLY JUNE 4, 2002
INTRODUCED BY Committee on Business and Professions (Senators
Figueroa (Chair), Johannessen, Machado, Morrow, Murray, O'Connell,
and Polanco)
FEBRUARY 22, 2002
An act to amend Sections 25, 28, 29, 32, 650.4, 728, 2908, 4110,
4507, 4980, 4980.02, 4980.10, 4980.30, 4980.34, 4980.35, 4980.37,
4980.38, 4980.40, 4980.43, 4980.44, 4980.45, 4980.46, 4980.48,
4980.50, 4980.54, 4980.55, 4980.60, 4981, 4982, 4982.2, 4982.25,
4984.7, 4984.8, 4986.70, 4987.5, 4987.7, 4987.8, 4988, 4988.1,
4988.2, 4990.3, 4992.36, 4996.13, 4998, 4999.2, 6704, 6706, 6728.3,
6728.5, 6756, 6787, 6788, 6980.12, 7019, 7057, 7106.5, 7110, 7141,
8698.6, 8720.3, 8720.5, 8751, 8762, 8763, 8764.5, 8773.2, and 8773.4
of, and to repeal Sections 4980.57 and 7058.1 of, the Business and
Professions Code, to amend Sections 43.7, 43.93, and 43.95 of the
Civil Code, to amend Section 13401.5 of the Corporations Code, to
amend Section 35160.5 of the Education Code, to amend Sections 795
and 1014 of the Evidence Code, to amend Sections 6929, 7827, and 8502
of the Family Code, to amend Section 66452.6 of the Government Code,
to amend Sections 1348.8, 1373, 1373.8, 11057, 111656.4, and 123105
of, and to repeal Article 2 (commencing with Section 11122) of
Chapter 3 of Division 10 of, the Health and Safety Code, to amend
Sections 10176, 10176.7, 10177, and 10177.8 of the Insurance Code, to
amend Section 3209.8 of the Labor Code, and to amend Sections 4514,
5256.1, 5751, and 5751.2 of the Welfare and Institutions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 2026, Committee on Business and Professions. Professions and
vocations.
(1) Existing law provides for the licensure and regulation of
marriage and family therapists by the Board of Behavioral Sciences.
This bill would change references to the obsolete term "marriage,
family, and child counselor" to "marriage and family therapist" and
would also change references to the term "Board of Behavioral Science
Examiners" to "Board of Behavioral Sciences." The bill would make
other related changes.
(2) Existing law, the Professional Engineers Act, regulates the
licensing and regulation of professional engineers. The act
prohibits and makes it a misdemeanor to use certain engineering
titles without being registered as such, and provides that an
engineer-in-training certificate does not authorize a person to use
those titles. The act also subjects a person who violates certain
misrepresentation provisions in connection with the offer or
performance of engineering services for the repair of damage to a
residential or nonresidential structure caused by a natural disaster
for which a state of emergency is proclaimed by the Governor to
certain fines and imprisonment.
This bill would include in the prohibitions against the
unauthorized use of specified titles the title of "soil engineer,"
and would make such a misrepresentation a misdemeanor. The bill
would provide that an engineer-in-training certificate does not
authorize a person to use that title. The bill would also, with
regard to the fines and penalties for misrepresentations in
connection with services for damage caused by natural disaster,
remove the requirement that the disaster be natural, and would
instead apply them to any disaster for which a state of emergency is
proclaimed by the Governor.
By expanding the titles that a person is prohibited from using
without licensure, the violation of which is a crime, the bill would
impose a state-mandated local program.
(3) Existing law provides a "Good Samaritan" immunity with respect
to liability in negligence for personal injury, wrongful death, or
property damage for an engineer who voluntarily and without
compensation provides structural inspection services at the scene of
a declared national, state, local emergency caused by earthquake,
flood, riot, or fire, at the request of certain public officials.
This bill would expand the immunity to apply to any declared
national, state, or local emergency.
(4) Existing law provides for the regulation of locksmiths by the
Bureau of Security and Investigative Services in the Department of
Consumer Affairs. Existing law exempts certain people from the
provisions regarding locksmiths.
This bill would also exempt from the provisions a new motor
vehicle dealer or an employee of a new motor vehicle dealer acting
within the scope of employment at the dealership.
(5) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board. The registrar is the executive officer who
carries out the board's administrative duties and tasks delegated by
the board and who is authorized to issue a citation for a violation
of specified provisions that may result in the assessment of a civil
penalty.
Existing law authorizes the board to hire licensed professionals
for site investigations of consumer complaints and specifies what
type of contracts a general contractor may undertake while acting as
a subcontractor. Existing law exempts certain contractors from
testing for a specialty contractors' license and provides that the
registrar may continue investigating a contractor if the contractor's
license has expired or has been suspended. Existing law
additionally authorizes the registrar to renew a license that has
been expired for up to 3 years if the appropriate form is filed and
fee is paid to the board and prohibits the current annual cost index
adjustment from taking effect until the registrar performs the
necessary calculations.
This bill would authorize the board to contract with other
professionals, including interpreters, manufacturer's
representatives, and accountants when conducting an investigation or
prosecuting a licensee. The bill would specify that a general
contractor may subcontract with an appropriately licensed contractor.
The bill would provide that the registrar would have jurisdiction
over a contractor even if the contractor's license has been canceled
or forfeited by operation of law, and would revise the type of
actions that constitute a course of disciplinary action. The bill
would also remove the exemption from testing for a specialty
contractor's license. The bill would authorize an automatic
adjustment to the current annual cost index March 1 of each year.
The bill would make conforming changes.
(6) Existing law repeals the Structural Fumigation Enforcement
Program on July 1, 2003.
This bill would extend that program to July 1, 2006.
(7) Existing law, the Professional Land Surveyors' Act, provides
for the licensure and regulation of professional land surveyors by
the Board for Professional Engineers and Land Surveyors. Existing
law prohibits a person from using certain terms to describe his or
her professional activity unless the person has a valid land
surveyors' license. Existing law requires a county recorder to
provide a survey preparer with specified data within 10 days of
filing a survey. Existing law provides that a violation of the act
is a crime.
This bill would prohibit a person from using the term "geomatics
engineer" unless the person has a valid land surveyors' license. The
bill would require a county recorder to provide a survey preparer
with specified data within 10 days of filing a survey only if the
survey preparer provides the recorder with a postage-paid,
self-addressed envelope. The bill would make conforming changes.
By expanding the use of prohibited terms used to identify land
surveyors, the violation of which is a crime, the bill would impose a
state-mandated local program.
(8) Existing law, the Uniform Controlled Substances Act defines
Schedule IV drugs to include narcotic drugs, depressants, and
stimulants as drugs containing certain quantities of specified
substances. Existing law makes the unauthorized possession, use, and
sale of these drugs unlawful, as specified.
This bill would expand the definition of narcotic drugs to include
a drug containing butorphanol. The bill would expand the definition
of depressants to include drugs containing Clobazam, Estazolam,
Halazepam, Midazolam, Nitrazepam, Zaleplon, and Zolpidem. The bill
would expand the definition of stimulants to include drugs containing
Mezendol and Modafinil.
By increasing the number of drugs that are classified as Schedule
IV drugs, this bill would impose a state-mandated local program.
(9) Existing law requires that controlled substances be stored in
a warehouse licensed by the California State Board of Pharmacy, with
specified exceptions. Existing law sets forth licensure and
regulation requirements for licensed warehousemen.
This bill would delete these provisions.
(10) Existing law provides that a patient or patient
representative is entitled to inspect patient records upon presenting
a written request to a health care provider and payment of
reasonable clerical costs.
This bill would include physical therapists in the definition of
health care providers for these purposes.
(11) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25 of the Business and Professions Code is
amended to read:
25. Any person applying for a license, registration, or the first
renewal of a license, after the effective date of this section, as a
licensed marriage and family therapist, a licensed clinical social
worker or as a licensed psychologist shall, in addition to any other
requirements, show by evidence satisfactory to the agency regulating
the business or profession, that he or she has completed training in
human sexuality as a condition of licensure. The training shall be
creditable toward continuing education requirements as deemed
appropriate by the agency regulating the business or profession, and
the course shall not exceed more than 50 contact hours.
The Psychology Examining Committee shall exempt any persons whose
field of practice is such that they are not likely to have use for
this training.
"Human sexuality" as used in this section means the study of a
human being as a sexual being and how he or she functions with
respect thereto.
The content and length of the training shall be determined by the
administrative agency regulating the business or profession and the
agency shall proceed immediately upon the effective date of this
section to determine what training, and the quality of staff to
provide the training, is available and shall report its determination
to the Legislature on or before July 1, 1977.
In the event that any licensing board or agency proposes to
establish a training program in human sexuality, the board or agency
shall first consult with other licensing boards or agencies which
have established or propose to establish a training program in human
sexuality to ensure that the programs are compatible in scope and
content.
SEC. 2. Section 28 of the Business and Professions Code is amended
to read:
28. The Legislature finds that there is a need to ensure that
professionals of the healing arts who have demonstrable contact with
child abuse victims, potential child abuse victims, and child abusers
and potential child abusers are provided with adequate and
appropriate training regarding the assessment and reporting of child
abuse which will ameliorate, reduce, and eliminate the trauma of
child abuse and neglect and ensure the reporting of child abuse in a
timely manner to prevent additional occurrences.
The Psychology Examining Committee and the Board of Behavioral
Sciences shall establish required training in the area of child abuse
assessment and reporting for all persons applying for initial
licensure and renewal of a license as a psychologist, clinical social
worker, or marriage and family therapist on or after January 1,
1987. This training shall be required one time only for all persons
applying for initial licensure or for licensure renewal on or after
January 1, 1987.
All persons applying for initial licensure and renewal of a
license as a psychologist, clinical social worker, or marriage and
family therapist on or after January 1, 1987, shall, in addition to
all other requirements for licensure or renewal, have completed
coursework or training in child abuse assessment and reporting which
meets the requirements of this section, including detailed knowledge
of Section 11165 of the Penal Code. The training shall:
(a) Be completed after January 1, 1983.
(b) Be obtained from one of the following sources:
(1) An accredited or approved educational institution, as defined
in Section 2902, including extension courses offered by those
institutions.
(2) An educational institution approved by the Council for
Private Postsecondary and Vocational Education pursuant to Article 4
(commencing with Section 94760) of Chapter 7 of Part 59 of the
Education Code.
(3) A continuing education provider approved by the responsible
board or examining committee.
(4) A course sponsored or offered by a professional association or
a local, county, or state department of health or mental health for
continuing education and approved by the responsible board.
(c) Have a minimum of 7 contact hours.
(d) Include the study of the assessment and method of reporting of
sexual assault, neglect, severe neglect, general neglect, willful
cruelty or unjustifiable punishment, corporal punishment or injury,
and abuse in out-of-home care. The training shall also include
physical and behavioral indicators of abuse, crisis counseling
techniques, community resources, rights and responsibilities of
reporting, consequences of failure to report, caring for a child's
needs after a report is made, sensitivity to previously abused
children and adults, and implications and methods of treatment for
children and adults.
(e) All applicants shall provide the appropriate board with
documentation of completion of the required child abuse training.
The Psychology Examining Committee and the Board of Behavioral
Sciences shall exempt any applicant who applies for an exemption from
the requirements of this section and who shows to the satisfaction
of the committee or board that there would be no need for the
training in his or her practice because of the nature of that
practice.
It is the intent of the Legislature that a person licensed as a
psychologist, clinical social worker, or marriage and family
therapist have minimal but appropriate training in the areas of child
abuse assessment and reporting. It is not intended that by solely
complying with the requirements of this section, a practitioner is
fully trained in the subject of treatment of child abuse victims and
abusers.
(f) This section shall become operative on January 1, 1997.
SEC. 3. Section 29 of the Business and Professions Code is amended
to read:
29. (a) The Board of Psychology and the Board of Behavioral
Sciences shall consider adoption of continuing education requirements
including training in the area of recognizing chemical dependency
and early intervention for all persons applying for renewal of a
license as a psychologist, clinical social worker, or marriage and
family therapist.
(b) Prior to the adoption of any regulations imposing continuing
education relating to alcohol and other chemical dependency, the
board and committee are urged to consider coursework to include, but
not necessarily be limited to, the following topics:
(1) Historical and contemporary perspectives on alcohol and other
drug abuse.
(2) Extent of the alcohol and drug abuse epidemic and its effects
on the individual, family, and community.
(3) Recognizing the symptoms of alcoholism and drug addiction.
(4) Making appropriate interpretations, interventions, and
referrals.
(5) Recognizing and intervening with affected family members.
(6) Learning about current programs of recovery, such as 12 step
programs, and how therapists can effectively utilize these programs.
The Board of Psychology and the Board of Behavioral Sciences shall
submit a report to the Legislature on or before June 30, 1991,
indicating whether regulations were adopted or are proposed imposing
continuing education requirements on their respective licensees.
If the board or committee has adopted or proposed regulations, the
report shall contain information as to the content of the
requirement and how the requirement was developed. The board and
committee are urged to consider the elements of training contained
herein when adopting or proposing continuing education requirements
in the areas of alcohol and chemical dependency.
If the board or committee has not adopted proposed regulations,
the report shall indicate how concerns of consumer protection are to
be met, for example, how the public will be assured that licensed
psychotherapists have minimal, up-to-date competency in chemical
dependency detection and early intervention.
SEC. 4. Section 32 of the Business and Professions Code is amended
to read:
32. (a) The Legislature finds that there is a need to ensure that
professionals of the healing arts who have or intend to have
significant contact with patients who have, or are at risk to be
exposed to, acquired immune deficiency syndrome (AIDS) are provided
with training in the form of continuing education regarding the
characteristics and methods of assessment and treatment of the
condition.
(b) A board vested with the responsibility of regulating the
following licensees shall consider including training regarding the
characteristics and method of assessment and treatment of acquired
immune deficiency syndrome (AIDS) in any continuing education or
training requirements for those licensees: chiropractors, medical
laboratory technicians, dentists, dental hygienists, dental
assistants, physicians and surgeons, podiatrists, registered nurses,
licensed vocational nurses, psychologists, physician assistants,
respiratory therapists, acupuncturists, marriage and family
therapists, licensed educational psychologists, and clinical social
workers.
SEC. 5. Section 650.4 of the Business and Professions Code is
amended to read:
650.4. (a) Notwithstanding Section 650, subdivision (o) of
Section 4982, or any other provision of law, it shall not be unlawful
for a person licensed pursuant to Chapter 13 (commencing with
Section 4980) or any other person, to participate in or operate a
group advertising and referral service for marriage and family
therapists if all of the following conditions are met:
(1) The patient referrals by the service are the result of
patient-initiated responses to service advertising.
(2) The service advertises, if at all, in conformity with Section
651 and subdivision (p) of Section 4982.
(3) The service does not employ a solicitor to solicit prospective
patients or clients.
(4) The service does not impose a fee on the member marriage and
family therapists that is dependent upon the number of referrals or
amount of professional fees paid by the patient to the marriage and
family therapist.
(5) Participating marriage and family therapists charge no more
than their usual and customary fees to any patient referred.
(6) The service registers with the Board of Behavioral Sciences,
providing its name, street address, and telephone number.
(7) The service files with the Board of Behavioral Sciences a copy
of the standard form contract that regulates its relationship with
member marriage and family therapists, which contract shall be
confidential and not open to public inspection.
(8) If more than 50 percent of its referrals are made to one
individual, association, partnership, corporation, or group of three
or more marriage and family therapists, the service discloses that
fact in all public communications, including, but not limited to,
communications by means of television, radio, motion picture,
newspaper, book, list, or directory of healing arts practitioners.
(9) (A) When member marriage and family therapists pay any fee to
the service, any advertisement by the service shall clearly and
conspicuously disclose that fact by including a statement as follows:
"Paid for by participating marriage and family therapists." In
print advertisements, the required statement shall be in at least
9-point type. In radio advertisements, the required statement shall
be articulated so as to be clearly audible and understandable by the
radio audience. In television advertisements, the required statement
shall be either clearly audible and understandable to the television
audience, or displayed in a written form that remains clearly
visible to the television audience for at least five seconds.
(B) The Board of Behavioral Sciences may suspend or revoke the
registration of any service that fails to comply with subparagraph
(A). No service may reregister with the board if its registration
currently is under suspension for a violation of subparagraph (A),
nor may a service reregister with the board for a period of one year
after it has had a registration revoked by the board for a violation
of subparagraph (A).
(b) The Board of Behavioral Sciences may adopt regulations
necessary to enforce and administer this section.
(c) The Board of Behavioral Sciences or 10 individual licensed
marriage and family therapists may petition the superior court of any
county for the issuance of an injunction restraining any conduct
that constitutes a violation of this section.
(d) It is unlawful and shall constitute a misdemeanor for a person
to operate a group advertising and referral service for marriage and
family therapists without providing its name, address, and telephone
number to the Board of Behavioral Sciences.
(e) It is the intent of the Legislature in enacting this section
not to otherwise affect the prohibitions of Section 650. The
Legislature intends to allow the pooling of resources by marriage and
family therapists for the purpose of advertising.
(f) This section shall not be construed in any manner that would
authorize a referral service to engage in the practice of marriage
and family therapy.
SEC. 6. Section 728 of the Business and Professions Code is
amended to read:
728. (a) Any psychotherapist or employer of a psychotherapist who
becomes aware through a patient that the patient had alleged sexual
intercourse or alleged sexual contact with a previous psychotherapist
during the course of a prior treatment, shall provide to the patient
a brochure promulgated by the department that delineates the rights
of, and remedies for, patients who have been involved sexually with
their psychotherapist. Further, the psychotherapist or employer
shall discuss with the patient the brochure prepared by the
department.
(b) Failure to comply with this section constitutes
unprofessional conduct.
(c) For the purpose of this section, the following definitions
apply:
(1) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry or practicing psychotherapy, a
psychologist, a clinical social worker, a marriage and family
therapist, a psychological assistant, marriage and family therapist
registered intern or trainee, or associate clinical social worker.
(2) "Sexual contact" means the touching of an intimate part of
another person.
(3) "Intimate part" and "touching" have the same meaning as
defined in subdivisions (f) and (d), respectively, of Section 243.4
of the Penal Code.
(4) "The course of a prior treatment" means the period of time
during which a patient first commences treatment for services that a
psychotherapist is authorized to provide under his or her scope of
practice, or that the psychotherapist represents to the patient as
being within his or her scope of practice, until the
psychotherapist-patient relationship is terminated.
SEC. 10. Section 2908 of the Business and Professions Code is
amended to read:
2908. Nothing in this chapter shall be construed to prevent
qualified members of other recognized professional groups licensed to
practice in the State of California, such as, but not limited to,
physicians, clinical social workers, educational psychologists,
marriage and family therapists, optometrists, psychiatric
technicians, or registered nurses, or attorneys admitted to the
California State Bar, or persons utilizing hypnotic techniques by
referral from persons licensed to practice medicine, dentistry or
psychology, or persons utilizing hypnotic techniques which offer
avocational or vocational self-improvement and do not offer therapy
for emotional or mental disorders, or duly ordained members of the
recognized clergy, or duly ordained religious practitioners from
doing work of a psychological nature consistent with the laws
governing their respective professions, provided they do not hold
themselves out to the public by any title or description of services
incorporating the words "psychological," "psychologist," "psychology,"
"psychometrist," "psychometrics," or "psychometry," or that they do
not state or imply that they are licensed to practice psychology;
except that persons licensed under Article 5 (commencing with Section
4986) of Chapter 13 of Division 2 may hold themselves out to the
public as licensed educational psychologists.
SEC. 11. Section 4110 of the Business and Professions Code is
amended to read:
4110. (a) No person shall conduct a pharmacy in the State of
California unless he or she has obtained a license from the board. A
license shall be required for each pharmacy owned or operated by a
specific person. A separate license shall be required for each of
the premises of any person operating a pharmacy in more than one
location. The license shall be renewed annually. The board may, by
regulation, determine the circumstances under which a license may be
transferred.
(b) The board may, at its discretion, issue a temporary permit,
when the ownership of a pharmacy is transferred from one person to
another, upon the conditions and for any periods of time as the board
determines to be in the public interest. A temporary permit fee
shall be established by the board at an amount not to exceed the
annual fee for renewal of a permit to conduct a pharmacy. When
needed to protect public safety, a temporary permit may be issued for
a period not to exceed 180 days, and may be issued subject to terms
and conditions the board deems necessary. If the board determines a
temporary permit was issued by mistake or denies the application for
a permanent license or registration, the temporary license or
registration shall terminate upon either personal service of the
notice of termination upon the permitholder or service by certified
mail, return receipt requested, at the permitholder's address of
record with the board, whichever comes first. Neither for purposes
of retaining a temporary permit nor for purposes of any disciplinary
or license denial proceeding before the board shall the temporary
permitholder be deemed to have a vested property right or interest in
the permit.
SEC. 12. Section 4507 of the Business and Professions Code is
amended to read:
4507. This chapter shall not apply to the following:
(a) Physicians and surgeons licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2.
(b) Psychologists licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2.
(c) Registered nurses licensed pursuant to Chapter 6 (commencing
with Section 2700) of Division 2.
(d) Vocational nurses licensed pursuant to Chapter 6.5 (commencing
with Section 2840) of Division 2.
(e) Social workers or clinical social workers licensed pursuant to
Chapter 17 (commencing with Section 9000) of Division 3.
(f) Marriage and family therapists licensed pursuant to Chapter 13
(commencing with Section 4980) of Division 2.
(g) Teachers credentialed pursuant to Chapter 1.5 (commencing with
Section 13101) of Division 10 of the Education Code.
(h) Occupational therapists as specified in Chapter 5.6
(commencing with Section 2570) of Division 2.
(i) Art therapists, dance therapists, music therapists, and
recreation therapists, as defined in Division 5 (commencing with
Section 70001) of Title 22 of the California Administrative Code, who
are personnel of health facilities licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code.
(j) Any other categories of persons the board determines are
entitled to exemption from this chapter because they have complied
with other licensing provisions of this code or because they are
deemed by statute or by regulations contained in the California
Administrative Code to be adequately trained in their respective
occupations. The exemptions shall apply only to a given specialized
area of training within the specific discipline for which the
exemption is granted.
SEC. 13. Section 4980 of the Business and Professions Code is
amended to read:
4980. (a) Many California families and many individual
Californians are experiencing difficulty and distress, and are in
need of wise, competent, caring, compassionate, and effective
counseling in order to enable them to improve and maintain healthy
family relationships.
Healthy individuals and healthy families and healthy relationships
are inherently beneficial and crucial to a healthy society, and are
our most precious and valuable natural resource. Marriage and family
therapists provide a crucial support for the well-being of the
people and the State of California.
(b) No person may engage in the practice of marriage and family
therapy as defined by Section 4980.02, unless he or she holds a valid
license as a marriage and family therapist, or unless he or she is
specifically exempted from that requirement, nor may any person
advertise himself or herself as performing the services of a
marriage, family, child, domestic, or marital consultant, or in any
way use these or any similar titles, including the letters "M.F.T."
or "M.F.C.C.," or other name, word initial, or symbol in connection
with or following his or her name to imply that he or she performs
these services without a license as provided by this chapter.
Persons licensed under Article 4 (commencing with Section 4996) of
Chapter 14 of Division 2, or under Chapter 6.6 (commencing with
Section 2900) may engage in such practice or advertise that they
practice marriage and family therapy but may not advertise that they
hold the marriage and family therapist's license.
SEC. 14. Section 4980.02 of the Business and Professions Code is
amended to read:
4980.02. For the purposes of this chapter, the practice of
marriage and family therapy shall mean that service performed with
individuals, couples, or groups wherein interpersonal relationships
are examined for the purpose of achieving more adequate, satisfying,
and productive marriage and family adjustments. This practice
includes relationship and premarriage counseling.
The application of marriage and family therapy principles and
methods includes, but is not limited to, the use of applied
pyschotherapeutic techniques, to enable individuals to mature and
grow within marriage and the family, and the provision of
explanations and interpretations of the psychosexual and psychosocial
aspects of relationships.
SEC. 15. Section 4980.10 of the Business and Professions Code is
amended to read:
4980.10. A person engages in the practice of marriage and family
therapy who performs or offers to perform or holds himself or herself
out as able to perform this service for remuneration in any form,
including donations.
SEC. 16. Section 4980.30 of the Business and Professions Code is
amended to read:
4980.30. Except as otherwise provided herein, a person desiring
to practice and to advertise the performance of marriage and family
therapy services shall apply to the board for a license and shall pay
the license fee required by this chapter.
SEC. 17. Section 4980.34 of the Business and Professions Code is
amended to read:
4980.34. It is the intent of the Legislature that the board
employ its resources for each and all of the following functions:
(a) The licensing of marriage and family therapists, clinical
social workers, and educational psychologists.
(b) The development and administration of written and oral
licensing examinations and examination procedures, as specified,
consistent with prevailing standards for the validation and use of
licensing and certification tests. Examinations shall measure
knowledge and abilities demonstrably important to the safe, effective
practice of the profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 18. Section 4980.35 of the Business and Professions Code is
amended to read:
4980.35. (a) The Legislature acknowledges that the basic
obligation to provide a complete and accurate application for a
marriage and family therapist license lies with the applicant. At
the same time, the Legislature recognizes that an effort should be
made by the board to ensure that persons who enter degree programs
and supervisorial training settings that meet the requirements of
this chapter are enabled to discern the requirements for licensing
and to take the examination when they have completed their
educational and experience requirements.
(b) In order that the board, the educational institutions, and the
supervisors who monitor the education and experience of applicants
for licensure may develop greater cooperation, the board shall do all
of the following:
(1) Apply a portion of its limited resources specifically to the
task of communicating information about its activities, the
requirements and qualifications for licensure, and the practice of
marriage and family therapy to the relevant educational institutions,
supervisors, professional associations, applicants, trainees,
interns, and the consuming public.
(2) Develop policies and procedures to assist educational
institutions in meeting the curricula requirements of Section 4980.40
and any regulations adopted pursuant to that section, so that those
educational institutions may better provide assurance to their
students that the curriculum offered to fulfill the educational
requirements for licensure will meet those requirements at the time
of the student's application for licensure.
(3) Notify applicants in the application procedure when
applications are incomplete, inaccurate, or deficient, and inform
applicants of any remediation, reconsideration, or appeal procedures
that may be applicable.
(4) Undertake, or cause to be undertaken, further comprehensive
review, in consultation with educational institutions, professional
associations, supervisors, interns, and trainees, of the supervision
of interns and trainees, which shall include, but not be limited to,
the following, and shall propose regulations regarding the
supervision of interns and trainees 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) Responsibilities of supervisors in general.
(E) The board's authority in cases of noncompliance or negligence
by supervisors.
(F) The intern's and trainee's need for guidance in selecting
well-balanced and high quality professional training opportunities
within his or her community.
(G) The role of the supervisor in advising and encouraging his or
her intern or trainee regarding the necessity or value and
appropriateness of the intern or trainee engaging in personal
psychotherapy, so as to enable
the intern or trainee to become a more competent marriage
and family therapist.
SEC. 19. Section 4980.37 of the Business and Professions Code is
amended to read:
4980.37. (a) In order to provide an integrated course of study
and appropriate professional training, while allowing for innovation
and individuality in the education of marriage and family therapists,
a degree program which meets the educational qualifications for
licensure shall include all of the following:
(1) Provide an integrated course of study that trains students
generally in the diagnosis, assessment, prognosis, and treatment of
mental disorders.
(2) Prepare students to be familiar with the broad range of
matters that may arise within marriage and family relationships.
(3) Train students specifically in the application of marriage and
family relationship counseling principles and methods.
(4) Encourage students to develop those personal qualities that
are intimately related to the counseling situation such as integrity,
sensitivity, flexibility, insight, compassion, and personal
presence.
(5) Teach students a variety of effective psychotherapeutic
techniques and modalities that may be utilized to improve, restore,
or maintain healthy individual, couple, and family relationships.
(6) Permit an emphasis or specialization that may address any one
or more of the unique and complex array of human problems, symptoms,
and needs of Californians served by marriage and family therapists.
(7) Prepare students to be familiar with crosscultural mores and
values, including a familiarity with the wide range of racial and
ethnic backgrounds common among California's population, including,
but not limited to, Blacks, Hispanics, Asians, and Native Americans.
(b) Educational institutions are encouraged to design the
practicum required by subdivision (b) of Section 4980.40 to include
marriage and family therapy experience in low-income and
multicultural mental health settings.
SEC. 20. Section 4980.38 of the Business and Professions Code is
amended to read:
4980.38. (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 Sections 4980.37 and 4980.40,
and shall certify to the board that it has so notified its students.
(b) In addition to all of the other requirements for licensure,
each applicant shall submit to the board a certification by the chief
academic officer, or his or her designee, of the applicant's
educational institution that the applicant has fulfilled the
requirements enumerated in Sections 4980.37 and 4980.40, and
subdivisions (d) and (e) of Section 4980.41.
(c) An applicant for an intern registration who has completed a
program to update his or her degree in accordance with paragraph (1)
of subdivision (i) of Section 4980.40 shall furnish to the board
certification by the chief academic officer of a school, college, or
university accredited by the Western Association of Schools and
Colleges, or from a school, college, or university meeting
accreditation standards comparable to those of the Western
Association of Schools and Colleges, that the applicant has
successfully completed all academic work necessary to comply with the
current educational requirements for licensure as a marriage and
family therapist.
SEC. 21. Section 4980.40 of the Business and Professions Code is
amended to read:
4980.40. To qualify for a license, an applicant shall have all
the following qualifications:
(a) Applicants applying for licensure on or after January 1, 1988,
shall possess a doctor's or master's degree in marriage, family, and
child counseling, marital and family therapy, psychology, clinical
psychology, counseling psychology, or counseling with an emphasis in
either marriage, family, and child counseling or marriage and family
therapy, obtained from a school, college, or university accredited by
the Western Association of Schools and Colleges, or approved by the
Bureau for Private Postsecondary and Vocational Education. The board
has the authority to make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements regardless of accreditation or approval. For purposes
of this chapter, the term "approved by the Bureau for Private
Postsecondary and Vocational Education" shall mean unconditional
approval existing at the time of the applicant's graduation from the
school, college, or university. In order to qualify for licensure
pursuant to this subdivision, any doctor's or master's degree program
shall be a single, integrated program primarily designed to train
marriage and family therapists and shall contain no less than 48
semester or 72 quarter units of instruction. The instruction shall
include no less than 12 semester units or 18 quarter units of
coursework in the areas of marriage, family, and child counseling,
and marital and family systems approaches to treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage and family
therapist.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
(B) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage and family therapy and psychotherapy under
the supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, or a licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology. Experience shall not be gained under the supervision
of an individual who has provided therapeutic services to that
applicant. For those supervisorial relationships in effect on or
before December 31, 1988, and which remain in continuous effect
thereafter, experience may be gained under the supervision of a
licensed physician who has completed a residency in psychiatry. Any
person supervising another person pursuant to this subdivision shall
have been licensed or certified for at least two years prior to
acting as a supervisor, shall have a current and valid license that
is not under suspension or probation, and shall meet the requirements
established by regulations.
(g) The applicant shall pass a written examination and an oral
examination conducted by the board or its designees.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in this or another state or in a
territory of the United States that involves sexual abuse of children
or who is required to register pursuant to Section 290 of the Penal
Code or the equivalent in another state or territory.
(i) (1) An applicant applying for intern registration who, prior
to December 31, 1987, met the qualifications for registration, but
who failed to apply or qualify for intern registration may be granted
an intern registration if the applicant meets all of the following
criteria:
(A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Sciences.
(B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
(C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western Association of Schools and Colleges that the chief
academic officer of the educational institution has, pursuant to
subparagraph (B), certified will meet the current educational
requirements when considered in conjunction with the original degree.
(2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.
(j) An applicant for licensure trained in 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 a school, college,
or university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau of Private Postsecondary and
Vocational Education. 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 (NACES), and shall
provide any other documentation the board deems necessary.
SEC. 22. Section 4980.43 of the Business and Professions Code is
amended to read:
4980.43. (a) For all applicants, a minimum of two calendar years
of supervised experience is required, which experience shall consist
of 3,000 hours obtained over a period of not less than 104 weeks.
Not less than 1,500 hours of experience shall be gained subsequent to
the granting of the qualifying master's or doctor's degree. For
those applicants who enroll in a qualifying degree program on or
after January 1, 1995, not more than 750 hours of counseling and
direct supervisor contact may be obtained prior to the granting of
the qualifying master's or doctor's degree. However, this limitation
shall not be interpreted to include professional enrichment
activities. Except for personal psychotherapy hours gained after
enrollment and commencement of classes in a qualifying degree
program, no hours of experience may be gained prior to becoming a
trainee. All experience shall be gained within the six years
immediately preceding the date the application for licensure was
filed, except that up to 500 hours of clinical experience gained in
the supervised practicum required by subdivision (b) of Section
4980.40 shall be exempt from this six-year requirement.
(b) All applicants and registrants shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
marriage and family therapy. Experience shall be gained by interns
and trainees either as an employee or as a volunteer in any allowable
work setting specified in this chapter. The requirements of this
chapter regarding gaining hours of experience and supervision are
applicable equally to employees and volunteers. Experience shall not
be gained by interns or trainees as an independent contractor.
(c) Supervision shall include at least one hour of direct
supervisor contact for each week of experience claimed. A trainee
shall receive an average of at least one hour of direct supervisor
contact for every five hours of client contact in each setting. A
person gaining postdegree experience shall receive an average of at
least one hour of direct supervisor contact for every 10 hours of
client contact in each setting in which experience is gained. 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. The contact may be counted toward the experience
requirement for licensure, up to the maximum permitted by subdivision
(d). All experience gained by a trainee shall be monitored by the
supervisor as specified in regulation. The 5-to-1 and 10-to-1 ratios
specified in this subdivision shall be applicable to all hours
gained on or after January 1, 1995.
(d) (1) The experience required by Section 4980.40 shall include
supervised marriage and family therapy, and up to one-third of the
hours may include direct supervisor contact and other professional
enrichment activities.
(2) "Professional enrichment activities," for the purposes of this
section, may include group, marital or conjoint, family, or
individual psychotherapy received by an applicant. This
psychotherapy may include up to 100 hours taken subsequent to
enrolling and commencing classes in a qualifying degree program, or
as an intern, and each of those hours shall be triple counted toward
the professional experience requirement. This psychotherapy shall be
performed by a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, licensed physician
certified in psychiatry by the American Board of Psychiatry and
Neurology, or a licensed physician who has completed a residency in
psychiatry.
(e) The experience required by Section 4980.40 may be gained as a
trainee in the following settings: a governmental entity, a school,
college or university, a nonprofit and charitable corporation, a
licensed health facility, as defined in Sections 1250, 1250.2, and
1250.3 of the Health and Safety Code, a social rehabilitation
facility or a community treatment facility, as defined in subdivision
(a) of Section 1502 of the Health and Safety Code, a pediatric day
health and respite care facility, as defined in Section 1760.2 of the
Health and Safety Code, or a licensed alcoholism or drug abuse
recovery or treatment facility, as defined in Section 11834.02 of the
Health and Safety Code, if the experience is gained by the trainee
solely as part of the position for which he or she is employed.
(f) The experience required by Section 4980.40 may be gained as an
intern as specified in subdivision (e), or when employed in a
private practice owned by a licensed marriage and family therapist, a
licensed psychologist, a licensed clinical social worker, a licensed
physician and surgeon, or a professional corporation of any of those
licensed professions. Employment in a private practice setting
shall not commence until the applicant has been registered as an
intern. When an intern is employed in a private practice setting by
any licensee enumerated in this section, or by a professional
corporation of any of those licensees, the intern shall be under the
direct supervision of a licensee enumerated in subdivision (f) of
Section 4980.40 who shall be employed by and practice at the same
site as the intern's employer. An intern employed in a private
practice setting shall not pay his or her employer for supervision.
While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration.
(g) All interns shall register with the board in order to be
credited for postdegree hours of experience gained toward licensure,
regardless of the setting where those hours are to be gained. Except
as provided in subdivision (h), all postdegree hours shall be gained
as a registered intern.
(h) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctor's degree
and is thereafter granted the intern registration by the board.
(i) Trainees and interns shall not receive any remuneration from
patients or clients, and shall only be paid by their employer.
(j) Trainees and interns shall only perform services at the place
where their employer regularly conducts business, which may include
performing services at other locations, so long as the services are
performed under the direction and control of their employer and
supervisor, and in compliance with the laws and regulations
pertaining to supervision. Trainees and interns shall have no
proprietary interest in the employer's business.
(k) An intern or trainee who provides volunteered services or
other services, and who receives no more than a total, from all work
settings, of five hundred dollars ($500) per month as reimbursement
for expenses actually incurred by that intern or trainee for services
rendered in any lawful work setting other than a private practice
shall be considered an employee and not an independent contractor.
The board may audit applicants who receive reimbursement for
expenses, and the applicant shall have the burden of demonstrating
that the payments received were for reimbursement of expenses
actually incurred.
(l) 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 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.
SEC. 23. Section 4980.44 of the Business and Professions Code is
amended to read:
4980.44. (a) An unlicensed marriage and family therapist intern
employed under this chapter shall:
(1) Have earned at least a master's degree as specified in Section
4980.40.
(2) Be registered with the board prior to the intern performing
any duties, except as otherwise provided in subdivision (e) of
Section 4980.43.
(3) File for renewal of registration annually for a maximum of
five years after initial registration with the board. Renewal of
registration shall include filing an application for renewal, paying
a renewal fee of seventy-five dollars ($75), and notifying the board
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been
taken by any regulatory or licensing board in this or any other
state, subsequent to the registrant's last renewal.
(4) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, licensed physician
certified in psychiatry by the American Board of Psychiatry and
Neurology, or a licensed physician who has completed a residency in
psychiatry and who is described in subdivision (f) of Section
4980.40, whichever is applicable. Continued employment as an
unlicensed marriage and family therapist intern shall cease after six
years unless the requirements of subdivision (b) are met. No
registration shall be renewed or reinstated beyond the six years from
initial issuance regardless of whether it has been revoked.
(b) When no further renewals are possible, either because the
applicant has exhausted the number of renewals available or because
of the repeal of Section 4980.44, as amended by Chapter 1114 of the
Statutes of 1991, an applicant may apply for and obtain new intern
registration status if the applicant meets the educational
requirements for registration in effect at the time of the
application for a new intern registration. An applicant who is
issued a subsequent intern registration pursuant to this subdivision
may be employed or volunteer in all allowable work settings except in
private practice, and shall fulfill all of the required hours of
experience for licensure within that intern registration period.
Hours of experience fulfilled under a prior intern registration shall
not be used to satisfy licensure requirements.
SEC. 24. Section 4980.45 of the Business and Professions Code is
amended to read:
4980.45. (a) A licensed professional in private practice who is a
marriage and family therapist, a psychologist, a clinical social
worker, a licensed physician certified in psychiatry by the American
Board of Psychiatry and Neurology, or a licensed physician who has
completed a residency in psychiatry and who is described in
subdivision (f) of Section 4980.40 may supervise or employ, at any
one time, no more than two unlicensed marriage and family therapist
registered interns in that private practice.
(b) A marriage and family therapy corporation may employ, at any
one time, no more than two registered interns for each employee or
shareholder who is qualified to provide supervision pursuant to
subdivision (f) of Section 4980.40. In no event shall any
corporation employ, at any one time, more than 10 registered interns.
In no event shall any supervisor supervise, at any one time, more
than two registered interns. Persons who supervise interns shall be
employed full time by the professional corporation and shall be
actively engaged in performing professional services at and for the
professional corporation. Employment and supervision within a
marriage and family therapy corporation shall be subject to all laws
and regulations governing experience and supervision gained in a
private practice setting.
SEC. 25. Section 4980.46 of the Business and Professions Code is
amended to read:
4980.46. Any licensed marriage and family therapist who conducts
a private practice under a fictitious business name shall not use any
name that is false, misleading, or deceptive, and shall inform the
patient, prior to the commencement of treatment, of the name and
license designation of the owner or owners of the practice.
SEC. 26. Section 4980.48 of the Business and Professions Code is
amended to read:
4980.48. A trainee shall inform each client or patient, prior to
performing any professional services, that he or she is unlicensed
and under the supervision of a licensed marriage and family
therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology.
SEC. 27. Section 4980.50 of the Business and Professions Code is
amended to read:
4980.50. (a) Every applicant who meets the educational and
experience requirements and applies for a license as a marriage and
family therapist shall be examined by the board. The examinations
shall be as set forth in subdivision (g) of Section 4980.40. The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine. The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
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 which would constitute
grounds to deny licensure.
The board shall not deny any applicant, whose application for
licensure is complete, admission to the written examination, nor
shall the board postpone or delay any applicant's written examination
or delay informing the candidate of the results of any written
examination, solely upon the receipt by the board of a complaint
alleging acts or conduct which would
constitute grounds to deny licensure.
If an applicant for examination who has passed the 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 oral 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.
Notwithstanding Section 135, the board may deny any applicant who
has previously failed either the written or oral examination
permission to retake either examination pending completion of the
investigation of any complaints against the applicant. Nothing in
this section shall prohibit the board from denying an applicant
admission to any examination, 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 Sections
11503 and 11504 of the Government Code, respectively, or the
applicant has been denied in accordance with subdivision (b) of
Section 485.
Notwithstanding any other provision of law, the board may destroy
all written and oral examination materials two years following the
date of the examination.
On or after January 1, 2002, no applicant shall be eligible to
participate in an oral examination if his or her passing score on the
written examination occurred more than seven years before.
(b) An applicant who has qualified pursuant to this chapter shall
be issued a license as a marriage and family therapist in the form
that the board may deem appropriate.
SEC. 28. Section 4980.54 of the Business and Professions Code is
amended to read:
4980.54. (a) The Legislature recognizes that the education and
experience requirements in this chapter constitute only minimal
requirements to assure that an applicant is prepared and qualified to
take the licensure examinations and, if he or she passes those
examinations, to begin practice.
(b) In order to continuously improve the competence of licensed
marriage and family therapists and as a model for all
psychotherapeutic professions, the Legislature encourages all
licensees to regularly engage in continuing education related to the
profession or scope of practice as defined in this chapter.
(c) (1) Except as provided in subdivision (e), on and after
January 1, 2000, the board shall not renew any license pursuant to
this chapter unless the applicant certifies to the board, on a form
prescribed by the board, that he or she has completed not less than
36 hours of approved continuing education in or relevant to the field
of marriage and family therapy in the preceding two years, as
determined by the board.
(2) For those persons renewing during 1999, the board shall not
renew any license pursuant to this chapter unless the applicant
certifies to the board, on a form prescribed by the board, that he or
she has completed not less than 18 hours of approved continuing
education in or relevant to the field of marriage and family therapy,
as determined by the board. The coursework of continuing education
described in this paragraph may be taken on or after the effective
date of the continuing education regulations adopted by the board
pursuant to the other provisions of this section.
(d) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as defined by
the board.
(f) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school or state-approved school that meets the
requirements set forth in Section 4980.40. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of
a regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional marriage and family therapist association,
a licensed health facility, a governmental entity, a continuing
education unit of an accredited four-year institution of higher
learning, or a mental health professional association, approved by
the board.
(3) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2), shall adhere to procedures established by the board. The board
may revoke or deny the right of a provider to offer continuing
education coursework pursuant to this section for failure to comply
with the requirements of this section or any regulation adopted
pursuant to this section.
(g) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in
which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of marriage and family therapy.
(h) A system of continuing education for licensed marriage and
family therapists shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(i) On and after January 1, 1997, the board shall, by regulation,
fund the administration of this section through continuing education
provider fees to be deposited in the Behavioral Sciences Fund. The
fees related to the administration of this section shall be
sufficient to meet, but shall not exceed, the costs of administering
the corresponding provisions of this section. For purposes of this
subdivision, a provider of continuing education as described in
paragraph (1) of subdivision (f) shall be deemed to be an approved
provider.
(j) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 29. Section 4980.55 of the Business and Professions Code is
amended to read:
4980.55. As a model for all therapeutic professions, and to
acknowledge respect and regard for the consuming public, all marriage
and family therapists are encouraged to provide to each client, at
an appropriate time and within the context of the psychotherapeutic
relationship, an accurate and informative statement of the therapist'
s experience, education, specialities, professional orientation, and
any other information deemed appropriate by the licensee.
SEC. 30. Section 4980.57 of the Business and Professions Code is
repealed.
SEC. 31. Section 4980.60 of the Business and Professions Code is
amended to read:
4980.60. (a) The board may adopt those rules and regulations as
may be necessary to enable it to carry into effect the provisions of
this chapter. The adoption, amendment, or repeal of those rules and
regulations shall be made in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
(b) The board may, by rules or regulations, adopt, amend, or
repeal rules of advertising and professional conduct appropriate to
the establishment and maintenance of a high standard of integrity in
the profession, provided that the rules or regulations are not
inconsistent with Section 4982. Every person who holds a license to
practice marriage and family therapy shall be governed by the rules
of professional conduct.
SEC. 34. Section 4981 of the Business and Professions Code is
amended to read:
4981. This article applies to licenses to engage in the business
of marriage and family therapy, and does not apply to the licenses
provided for in Article 5 (commencing with Section 4986) except that
the board shall have all powers provided in this article not
inconsistent with this chapter.
SEC. 35. Section 4982 of the Business and Professions Code is
amended to read:
4982. The board may refuse to issue any registration or license,
or may suspend or revoke the license or registration of any
registrant or licensee if the applicant, licensee, or registrant has
been guilty of unprofessional conduct. Unprofessional conduct shall
include, but not be limited to:
(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 shall be deemed to be 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 of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
(d) Gross negligence or incompetence in the performance of
marriage and family therapy.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
(l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any registered trainee or
registered intern under supervision to perform, any professional
services beyond the scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional 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 (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered intern or
registered trainee by any licensee that violates this chapter or any
rules or regulations adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a registered trainee or registered intern under one'
s supervision or control to perform, or permitting the registered
trainee or registered intern to hold himself or herself out as
competent to perform, professional services beyond the registered
trainee's or registered intern's level of education, training, or
experience.
(u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
SEC. 36. Section 4982.2 of the Business and Professions Code is
amended to read:
4982.2. (a) A licensed marriage and family therapist, licensed
clinical social worker, or educational psychologist whose license has
been revoked or suspended or who has been placed on probation may
petition the board for reinstatement or modification of penalty,
including modification or termination of probation, after a period
not less than the following minimum periods has elapsed from the
effective date of the decision ordering the disciplinary action, or
if the order of the board, or any portion of it, is stayed by the
board itself, or by the superior court, from the date the
disciplinary action is actually implemented in its entirety:
(1) At least three years for reinstatement of a license that was
revoked for unprofessional conduct, except that the board may, in its
sole discretion at the time of adoption, specify in its order that a
petition for reinstatement may be filed after two years.
(2) At least two years for early termination of any probation
period of three years, or more.
(3) At least one year for modification of a condition, or
reinstatement of a license revoked for mental or physical illness, or
termination of probation of less than three years.
(b) The petition may be heard by the board itself, or the board
may assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code. The board shall give notice to
the Attorney General of the filing of the petition. The petitioner
and the Attorney General shall be given timely notice by letter of
the time and place of the hearing on the petition, and an opportunity
to present both oral and documentary evidence and argument to the
board. The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition. The
board, when it is hearing the petition itself, or an administrative
law judge sitting for the board, may consider all activities of the
petitioner since the disciplinary action was taken, the offense for
which the petitioner was disciplined, the petitioner's activities
during the time his or her license was in good standing, and the
petitioner's rehabilitative efforts, general reputation for truth,
and professional ability.
(c) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate.
(d) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4982.15.
Where a petition is heard by an administrative law judge sitting
alone, the administrative law judge shall prepare a proposed decision
and submit it to the board.
(e) The board may take such action with respect to the proposed
decision and petition as it deems appropriate.
(f) The petition shall be on a form provided by the board, and
shall state any facts and information as may be required by the board
including, but not limited to, proof of compliance with the terms
and conditions of the underlying disciplinary order.
(g) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
(h) The petition shall be verified by the petitioner, who shall
file an original and sufficient copies of the petition, together with
any supporting documents, for the members of the board, the
administrative law judge, and the Attorney General.
(i) The board may delegate to its executive officer authority to
order investigation of the contents of the petition, but in no case,
may the hearing on the petition be delayed more than 180 days from
its filing without the consent of the petitioner.
(j) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
(k) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole, or subject to
an order of registration as a mentally disordered sex offender
pursuant to Section 290 of the Penal Code. No petition shall be
considered while there is an accusation or petition to revoke
probation pending against the petitioner.
(l) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
SEC. 37. Section 4982.25 of the Business and Professions Code is
amended to read:
4982.25. The board may deny any application, or may suspend or
revoke any license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
marriage and family therapy, or any other healing art, shall
constitute unprofessional conduct. A certified copy of the
disciplinary action decision or judgment shall be conclusive evidence
of that action.
(b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or educational psychologist shall also constitute
grounds for disciplinary action for unprofessional conduct against
the licensee or registrant under this chapter.
SEC. 38. Section 4984.7 of the Business and Professions Code is
amended to read:
4984.7. The amount of the fees prescribed by this chapter that
relate to licensing of persons to engage in the business of marriage
and family therapy is that established by the following schedule:
(a) The fee for applications for examination received on or after
January 1, 1987, shall be one hundred dollars ($100).
(b) The fee for issuance of the initial license shall be a maximum
of one hundred eighty dollars ($180).
(c) For those persons whose license expires on or after January 1,
1996, the renewal fee shall be a maximum of one hundred eighty
dollars ($180).
(d) The delinquency fee shall be ninety dollars ($90). Any person
who permits his or her license to become delinquent may have it
restored only upon the payment of all fees that he or she would have
paid if the license had not become delinquent, plus the payment of
any and all outstanding delinquency fees.
(e) For those persons registering as interns on or after January
1, 1996, the registration fee shall be ninety dollars ($90).
(f) For those persons whose registration as an intern expires on
or after January 1, 1996, the renewal fee shall be seventy-five
dollars ($75).
(g) The written examination fee shall be one hundred dollars
($100). After successfully passing the written examination, each
applicant for oral examination shall submit two hundred dollars
($200). Applicants failing to appear for any examination, once
having been scheduled, shall forfeit any examination fees paid.
(h) An applicant who fails any written or oral examination may
within one year from the notification date of that failure, retake
the examination as regularly scheduled without further application
upon payment of one hundred dollars ($100) for the written
reexamination and two hundred dollars ($200) for the oral
reexamination. Thereafter, the applicant shall not be eligible for
further examination until he or she files a new application, meets
all current requirements, and pays all fees required. Persons
failing to appear for the reexamination, once having been scheduled,
shall forfeit any reexamination fees paid.
(i) The fee for rescoring a written examination shall be twenty
dollars ($20). The fee for appeal of an oral examination shall be
one hundred dollars ($100).
(j) The fee for issuance of any replacement registration, license,
or certificate shall be twenty dollars ($20).
(k) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
With regard to all license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 39. Section 4984.8 of the Business and Professions Code is
amended to read:
4984.8. A licensed marriage and family therapist may apply to the
board to request that his or her license be placed on inactive
status. Licensees who hold an inactive license shall pay a biennial
fee of half of the active renewal fee. Licensees holding an inactive
license shall be exempt from continuing education requirements
specified in Section 4980.54, but shall otherwise be subject to this
chapter and shall not engage in the practice of marriage and family
therapy in this state. Licensees on inactive status who have not
committed any acts or crimes constituting grounds for denial of
licensure and have completed any required continuing education
equivalent to that required for a single renewal period may, upon
their request, have their license to practice marriage and family
therapy placed on active status. Licensees requesting their license
be placed on active status at any time between a renewal cycle shall
pay the remaining half of their renewal fee.
SEC. 40. Section 4986.70 of the Business and Professions Code is
amended to read:
4986.70. The board may refuse to issue a license or may suspend
or revoke the license of any licensee if he or she has been guilty of
unprofessional conduct that has endangered or is likely to endanger
the health, welfare, or safety of the public. Unprofessional conduct
includes, but is not limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions and duties of an educational psychologist,
the record of conviction being conclusive evidence thereof.
(b) Securing a license by fraud or deceit.
(c) Using any narcotic as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code or any hypnotic drug or
alcoholic beverage to an extent or in a manner dangerous to himself
or herself, or to any other person, or to the public and to an extent
that the action impairs his or her ability to perform his or her
work as a licensed educational psychologist with safety to the
public.
(d) Improper advertising.
(e) Violating or conspiring to violate the terms of this article.
(f) Committing a dishonest or fraudulent act as a licensed
educational psychologist resulting in substantial injury to another.
(g) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art, shall constitute
unprofessional conduct. A certified copy of the disciplinary action,
decision, or judgment shall be conclusive evidence of that action.
(h) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage and family therapist shall constitute
grounds for disciplinary action for unprofessional conduct against
the licensee or registrant under this chapter.
(i) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(j) Gross negligence or incompetence in the performance of
licensed educational psychology.
SEC. 41. Section 4987.5 of the Business and Professions Code is
amended to read:
4987.5. A marriage and family therapy corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are marriage and family
therapists, physicians and surgeons, psychologists, licensed clinical
social workers, registered nurses, chiropractors, or acupuncturists
are in compliance with the Moscone-Knox Professional Corporation Act
(Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code), this article, and any other statute or
regulation pertaining to that corporation and the conduct of its
affairs. With respect to a marriage and family therapy corporation,
the governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the Board of Behavioral Sciences.
SEC. 42. Section 4987.7 of the Business and Professions Code is
amended to read:
4987.7. The name of a marriage and family therapy corporation
shall contain one or more of the words "marriage," "family," and
"child" together with one or more of the words "counseling,"
"counselor," or "therapist," and wording or abbreviations denoting
corporate existence. A marriage and family therapy corporation that
conducts business under a fictitious business name shall not use any
name that is false, misleading or deceptive, and shall inform the
patient, prior to the commencement of treatment, that the business is
conducted by a marriage and family therapy corporation.
SEC. 43. Section 4987.8 of the Business and Professions Code is
amended to read:
4987.8. Except as provided in Section 13403 of the Corporations
Code, each director, shareholder, and officer of a marriage and
family therapy corporation shall be a licensed person as defined in
the Moscone-Knox Professional Corporation Act.
SEC. 44. Section 4988 of the Business and Professions Code is
amended to read:
4988. The income of a marriage and family therapy corporation
attributable to professional services rendered while a shareholder is
a disqualified person (as defined in the Moscone-Knox Professional
Corporation Act) shall not in any manner accrue to the benefit of
that shareholder or his or her shares in the marriage and family
therapy corporation.
SEC. 45. Section 4988.1 of the Business and Professions Code is
amended to read:
4988.1. A marriage and family therapy corporation shall not do or
fail to do any act the doing of which or the failure to do which
would constitute unprofessional conduct under any statute, rule or
regulation now or hereafter in effect. In the conduct of its
practice, it shall observe and be bound by statutes, rules and
regulations to the same extent as a person holding a license as a
marriage and family therapist.
SEC. 46. Section 4988.2 of the Business and Professions Code is
amended to read:
4988.2. The board may formulate and enforce rules and regulations
to carry out the purposes and objectives of this article, including
rules and regulations requiring (a) that the articles of
incorporation or bylaws of a marriage and family therapy corporation
shall include a provision whereby the capital stock of the
corporation owned by a disqualified person (as defined in the
Moscone-Knox Professional Corporation Act), or a deceased person,
shall be sold to the corporation or to the remaining shareholders of
the corporation within the time that rules and regulations may
provide, and (b) that a marriage and family therapy corporation shall
provide adequate security by insurance or otherwise for claims
against it by its patients arising out of the rendering of
professional services.
SEC. 47. Section 4990.3 of the Business and Professions Code is
amended to read:
4990.3. Two members of the board shall be state-licensed clinical
social workers, one shall be a licensed educational psychologist,
two shall be state-licensed marriage and family therapists, and six
shall be public members. Each member, except the six public members,
shall hold at least a master's degree from an accredited college or
university and shall have at least two years of experience in his or
her profession.
SEC. 48. Section 4992.36 of the Business and Professions Code is
amended to read:
4992.36. The board may deny any application, or may suspend or
revoke any license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by 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, or educational psychology against a licensee or registrant
shall also constitute grounds for disciplinary action for
unprofessional conduct under this chapter.
SEC. 49. Section 4996.13 of the Business and Professions Code is
amended to read:
4996.13. Nothing in this article shall prevent qualified members
of other professional groups from doing work of a psychosocial nature
consistent with the standards and ethics of their respective
professions. However, they shall not hold themselves out to the
public by any title or description of services incorporating the
words psychosocial, or clinical social worker, or that they shall not
state or imply that they are licensed to practice clinical social
work. These qualified members of other professional groups include,
but are not limited to, the following:
(a) A physician and surgeon certified pursuant to Chapter 5
(commencing with Section 2000).
(b) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900).
(c) Members of the State Bar of California.
(d) Marriage and family therapists licensed pursuant to Chapter 13
(commencing with Section 4980).
(e) A priest, rabbi, or minister of the gospel of any religious
denomination.
SEC. 50. Section 4998 of the Business and Professions Code is
amended to read:
4998. A licensed clinical social worker corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are licensed clinical social
workers, physicians and surgeons, psychologists, marriage and family
therapists, registered nurses, chiropractors, or acupuncturists are
in compliance with the Moscone-Knox Professional Corporation Act
(Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code), this article, and all other statutes and
regulations now or hereafter enacted or adopted pertaining to that
corporation and the conduct of its affairs. With respect to a
licensed clinical social worker corporation, the governmental agency
referred to in the Moscone-Knox Professional Corporation Act is the
Board of Behavioral Sciences.
SEC. 51. Section 4999.2 of the Business and Professions Code is
amended to read:
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist pursuant to
Chapter 4 (commencing with Section 1600), as a dental hygienist
pursuant to Section 1758 et seq., as a psychologist pursuant to
Chapter 6.6 (commencing with Section 2900), as a marriage and family
therapist pursuant to Chapter 13 (commencing with Section 4980), as
an optometrist pursuant to Chapter 7 (commencing with Section 3000),
as a chiropractor pursuant to the Chiropractic Initiative Act, and
operating consistent with the laws governing their respective scopes
of practice in the state within which they provide telephone medical
advice services, except as provided in paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals
as identified in subparagraph (A) that are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that all registered nurses providing telephone
medical advice services to both in-state and out-of-state business
entities registered pursuant to this chapter shall be licensed
pursuant to Chapter 6 (commencing with Section 2700).
(3) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(4) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(5) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter, and to make recommendations to
the department.
SEC. 52. Section 6704 of the Business and Professions Code is
amended to read:
6704. In order to safeguard life, health, property, and public
welfare, no person shall practice civil, electrical, or mechanical
engineering unless appropriately registered or specifically exempted
from registration under this chapter, and only persons registered
under this chapter shall be entitled to take and use the titles
"consulting engineer," "professional engineer," or "registered
engineer," or any combination of those titles, and according to
registration with the board the engineering branch titles specified
in Section 6732, or the authority titles specified in Sections 6736
and 6736.1, or "engineer-in-training."
The provisions of this act pertaining to registration of
professional engineers other than civil engineers, do not apply to
employees in the communication industry; nor to the employees of
contractors while engaged in work on communication equipment;
however, those employees may not use any of the titles listed in
Section 6732 unless registered.
The provisions of this section shall not prevent the use of the
title "consulting engineer" by a person who has qualified for and
maintained exemption for using that title under the provisions of
Section 6732.1, or by a person licensed as a photogrammetric
surveyor.
SEC. 52.5. Section 6706 of the Business and Professions Code is
amended to read:
6706. (a) An engineer who voluntarily, without compensation or
expectation of compensation, provides structural inspection services
at the scene of a declared national, state, or local emergency at the
request of a public official, public safety officer, or city or
county building inspector acting in an official capacity shall not be
liable in negligence for any personal injury, wrongful death, or
property damage caused by the engineer's good faith but negligent
inspection of a structure used for human habitation or owned by a
public entity for structural integrity or nonstructural elements
affecting life and safety.
The immunity provided by this section shall apply only for an
inspection that occurs within 30 days of the declared emergency.
Nothing in this section shall provide immunity for gross
negligence or willful misconduct.
(b) As used in this section:
(1) "Engineer" means a person registered under this chapter as a
professional engineer, including any of the branches thereof.
(2) "Public safety officer" has the meaning given in Section 3301
of the Government Code.
(3) "Public official" means a state or local elected officer.
SEC. 53. Section 6728.3 of the Business and Professions Code is
amended to read:
6728.3. Except as otherwise provided in this article, all
hearings which are conducted by a committee shall be conducted in
accordance with the provisions of Chapter 4 (commencing with Section
11370), Chapter 4.5 (commencing with Section 11400) and Chapter 5
(commencing with Section 11500), Part 1, Division 3, Title 2 of the
Government Code.
If a contested case is heard by a committee, the hearing officer
who presided at the hearing shall be present during the committee's
consideration of the case and, if requested, shall assist and advise
the committee.
SEC. 54. Section 6728.5 of the Business and Professions Code is
amended to read:
6728.5. The board may adopt, amend, or repeal, in accordance with
the provisions of Chapter 3.5 (commencing with Section 11340), Part
1, Division 3, Title 2 of the Government Code, rules and regulations
necessary to implement these sections.
SEC. 55. Section 6756 of the Business and Professions Code is
amended to read:
6756. (a) An applicant for certification as an
engineer-in-training shall, upon making a passing grade in that
division of the examination prescribed in Section 6755, relating to
fundamental engineering subjects, be issued a certificate as an
engineer-in-training. A renewal or other fee, other than the
application fee, may not be charged for this certification. The
certificate shall become invalid when the holder has qualified as a
professional engineer as provided in Section 6762.
(b) An engineer-in-training certificate does not authorize the
holder thereof to practice or offer to practice civil, electrical, or
mechanical engineering work, in his or her own right, or to use the
titles specified in Sections 6732, 6736, and 6736.1.
(c) A person may not use the title of engineer-in-training, or any
abbreviation of that title, unless he or she is the holder of a
valid engineer-in-training certificate.
SEC. 56. Section 6787 of the Business and Professions Code is
amended to read:
6787. Every person is guilty of a misdemeanor:
(a) Who, unless he or she is exempt from registration under this
chapter, practices or offers to practice civil, electrical, or
mechanical engineering in this state according to the provisions of
this chapter without legal authorization.
(b) Who presents or attempts to file as his or her own the
certificate of registration of a licensed professional engineer
unless he or she is the person named on the certificate of
registration.
(c) Who gives false evidence of any kind to the board, or to any
member thereof, in obtaining a certificate of registration.
(d) Who impersonates or uses the seal of a licensed professional
engineer.
(e) Who uses an expired, suspended, or revoked certificate issued
by the board.
(f) Who represents himself or herself as, or uses the title of,
registered civil, electrical, or mechanical engineer, or any other
title whereby that person could be considered as practicing or
offering to practice civil, electrical, or mechanical engineering in
any of its branches, unless he or she is correspondingly qualified by
registration as a civil, electrical, or mechanical engineer under
this chapter.
(g) Who, unless appropriately registered, manages, or conducts as
manager, proprietor, or agent, any place of business from which
civil, electrical, or mechanical engineering work is solicited,
performed, or practiced, except as authorized pursuant to subdivision
(d) of Section 6738 and Section 8726.1.
(h) Who uses the title, or any combination of that title, of
"professional engineer," "licensed engineer," "registered engineer,"
or the branch titles specified in Section 6732, or the authority
titles specified in Sections 6736 and 6736.1, or
"engineer-in-training," or who makes use of any abbreviation of that
title that might lead to the belief that he or she is a registered
engineer or holds a certificate as an engineer-in-training, without
being registered or certified as required by this chapter.
(i) Who uses the title "consulting engineer" without being
registered as required by this chapter or without being authorized to
use that title pursuant to legislation enacted at the 1963, 1965 or
1968 Regular Session.
(j) Who violates any provision of this chapter.
SEC. 57. Section 6788 of the Business and Professions Code is
amended to read:
6788. Any person who violates any provision of subdivisions (a)
to (i), inclusive, of Section 6787 in connection with the offer or
performance of engineering services for the repair of damage to a
residential or nonresidential structure caused by a disaster for
which a state of emergency is proclaimed by the Governor pursuant to
Section 8625 of the Government Code, or for which an emergency or
major disaster is declared by the President of the United States,
shall be punished by a fine up to ten thousand dollars ($10,000), or
by imprisonment in the state prison for 16 months, or for two or
three years, or by both the fine and imprisonment, or by a fine up to
one thousand dollars ($1,000), or by imprisonment in the county jail
not exceeding one year, or by both the fine and imprisonment.
SEC. 58. Section 6980.12 of the Business and Professions Code is
amended to read:
6980.12. This chapter does not apply to the following persons:
(a) Any person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for the
locks of that product as a normal incident to its marketing.
(b) Employees who are industrial or institutional locksmiths,
provided that the employees provide locksmith services only to a
single employer that does not provide locksmith services for hire to
the public.
(c) Tow truck operators who do not originate keys for locks and
whose locksmith services are limited to motor vehicles.
(d) Any person employed exclusively and regularly by a state
correctional institution.
(e) Any person registered with the bureau pursuant to Chapter 11
(commencing with Section 7500) if the duties of that person's
position that constitute locksmithing are ancillary to the primary
duties and functions of that person's position.
(f) Any agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:
(1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.
(2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.
(3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment's premises and
are conducted prior to purchasers taking possession of the locks.
(4) No unlicensed agent or employee of the retail establishment
shall advertise or represent himself or herself to be licensed under
this chapter, and no agent or employee of the retail establishment
shall advertise or represent himself or herself to be a locksmith.
(5) No agent or employee of the retail establishment shall design
or implement a master key system, as defined in subdivision (o) of
Section 6980.
(6) No agent or employee of the retail establishment shall rekey,
change the combination of, alter, or install any automotive locks.
(7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:
(A) Key duplication machines.
(B) Key blanks.
(C) Pin kits.
(g) Any law enforcement officer employed by any city, county, city
and county, state, or federal law enforcement agency, if all
services are performed during the course of the officer's
professional duties.
(h) Firefighters or emergency medical personnel employed by any
city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.
(i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and employees of a new motor vehicle dealer acting
within the scope of employment at a dealership.
SEC. 59. Section 7019 of the Business and Professions Code is
amended to read:
7019. (a) If funding is made available for that purpose, the
board may contract with licensed professionals, as appropriate, for
the site investigation of consumer complaints.
(b) The board may contract with other professionals, including,
but not limited to, interpreters and manufacturer's representatives,
whose skills or expertise are required to aid in the investigation or
prosecution of a licensee, registrant, applicant for a license or
registration, or those subject to licensure or registration by the
board.
(c) The registrar shall determine the rate of reimbursement for
those individuals providing assistance to the board pursuant to this
section. All reports shall be completed on a form prescribed by the
registrar.
(d) As used in this section, "licensed professionals" means, but
is not limited to, engineers, architects, landscape architects,
geologists, and accountants licensed, certificated, or registered
pursuant to this division.
SEC. 60. Section 7057 of the Business and Professions Code is
amended to read:
7057. (a) Except as provided in this section, a general building
contractor is a contractor whose principal contracting business is in
connection with any structure built, being built, or to be built,
for the support, shelter, and enclosure of persons, animals,
chattels, or movable property of any kind, requiring in its
construction the use of at least two unrelated building trades or
crafts, or to do or superintend the whole or any part thereof.
This does not include anyone who merely furnishes materials or
supplies under Section 7045 without fabricating them into, or
consuming them in the performance of the work of the general building
contractor.
(b) A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification or
subcontracts with an appropriately licensed contractor to perform the
work. A general building contractor shall not take a subcontract
involving trades other than framing or carpentry, unless the
subcontract requires at least two unrelated trades or crafts other
than framing or carpentry, or unless the general building contractor
holds the appropriate license classification. The general building
contractor may not count framing or carpentry in calculating the two
unrelated trades necessary in order for the general building
contractor to be able to take a prime contract or subcontract for a
project involving other trades.
(c) No general building contractor shall contract for any project
that includes the "C-16" Fire Protection classification as provided
for in Section 7026.12 or the "C-57" Well Drilling classification as
provided for in Section 13750.5 of the Water Code, unless the general
building contractor holds the appropriate license classification,
or subcontracts with the appropriately licensed contractor.
SEC. 61. Section 7058.1 of the Business and Professions Code is
repealed.
SEC. 61.3. Section 7106.5 of the Business and Professions Code is
amended to read:
7106.5. The expiration, cancellation, forfeiture, or suspension
of a license by operation of law or by order or decision of the
registrar or a court of law, or the voluntary surrender of a license
by a licensee shall not deprive the registrar of jurisdiction to
proceed with any investigation of or action or disciplinary
proceeding against the license, or to render a decision suspending
or revoking the license.
SEC. 61.5. Section 7110 of the Business and Professions Code is
amended to read:
7110.
Willful or deliberate disregard and violation of the building laws of
the state, or of any political subdivision thereof, or of Section
8505 or 8556 of this code, or of Sections 1689.5 to 1689.8,
inclusive, or Sections 1689.10 to 1689.13, inclusive, of the Civil
Code, or of the safety laws or labor laws or compensation insurance
laws or Unemployment Insurance Code of the state, or violation by any
licensee of any provision of the Health and Safety Code or Water
Code, relating to the digging, boring, or drilling of water wells, or
Article 2 (commencing with Section 4216) of Chapter 3.1 of Division
5 of Title 1 of the Government Code, constitutes a cause for
disciplinary action.
SEC. 62. Section 7141 of the Business and Professions Code is
amended to read:
7141. Except as otherwise provided in this chapter, a license
that has expired may be renewed at any time within three years after
its expiration by filing an application for renewal on a form
prescribed by the registrar, and payment of the appropriate renewal
fee. Renewal under this section shall be effective on the date an
acceptable renewal application is filed with the board. The licensee
shall be considered unlicensed and there will be a break in the
licensing time between the expiration date and the date the renewal
becomes effective. If the license is renewed after the expiration
date, the licensee shall also pay the delinquency fee prescribed by
this chapter. If so renewed, the license shall continue in effect
through the date provided in Section 7140 which next occurs after the
effective date of the renewal, when it shall expire if it is not
again renewed.
If a license is not renewed within three years, the licensee shall
make application for a license pursuant to Section 7066.
SEC. 63. Section 8698.6 of the Business and Professions Code is
amended to read:
8698.6. This chapter shall remain in effect only until July 1,
2006, and as of that date is repealed, unless a later enacted
statute, which is chaptered before July 1, 2006, deletes or extends
that date.
SEC. 64. Section 8720.3 of the Business and Professions Code is
amended to read:
8720.3. Except as otherwise provided in this article, all
hearings which are conducted by a committee shall be conducted in
accordance with the provisions of Chapter 4 (commencing with Section
11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5
(commencing with Section 11500), Part 1, Division 3, Title 2 of the
Government Code.
If a contested case is heard by a committee, the hearing officer
who presided at the hearing shall be present during the committee's
consideration of the case and, if requested, shall assist and advise
the committee.
SEC. 65. Section 8720.5 of the Business and Professions Code is
amended to read:
8720.5. The board may adopt, amend, or repeal, in accordance with
the provisions of Chapter 3.5 (commencing with Section 11340), Part
1, Division 3, Title 2 of the Government Code, rules and regulations
necessary to implement the provisions of this article.
SEC. 66. Section 8751 of the Business and Professions Code is
amended to read:
8751. No person shall represent himself or herself as, or use the
title of, or any abbreviation or combination of the words in the
title of, professional land surveyor, licensed land surveyor, land
surveyor, land survey engineer, survey engineer, geodetic engineer,
geomatics engineer, or geometronic engineer unless he or she is the
holder of a valid, unsuspended, and unrevoked license.
SEC. 67. Section 8762 of the Business and Professions Code is
amended to read:
8762. (a) After making a field survey in conformity with the
practice of land surveying, the licensed surveyor or licensed civil
engineer may file with the county surveyor in the county in which the
survey was made, a record of the survey.
(b) After making a field survey in conformity with the practice of
land surveying, the licensed land surveyor or licensed civil
engineer shall file with the county surveyor in the county in which
the field survey was made a record of the survey relating to land
boundaries or property lines, if the field survey discloses any of
the following:
(1) Material evidence or physical change, which in whole or in
part does not appear on any subdivision map, official map, or record
of survey previously recorded or properly filed in the office of the
county recorder or county surveying department, or map or survey
record maintained by the Bureau of Land Management of the United
States.
(2) A material discrepancy with the information contained in any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States. For purposes of this
subdivision, a "material discrepancy" is limited to a material
discrepancy in the position of points or lines, or in dimensions.
(3) Evidence that, by reasonable analysis, might result in
materially alternate positions of lines or points, shown on any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States.
(4) The establishment of one or more points or lines not shown on
any subdivision map, official map, or record of survey, the positions
of which are not ascertainable from an inspection of the subdivision
map, official map, or record of survey.
(5) The points or lines set during the performance of a field
survey of any parcel described in any deed or other instrument of
title recorded in the county recorder's office are not shown on any
subdivision map, official map, or record of survey.
(c) The record of survey required to be filed pursuant to this
section shall be filed within 90 days after the setting of boundary
monuments during the performance of a field survey or within 90 days
after completion of a field survey, whichever occurs first.
(d) If the 90-day time limit contained in this section cannot be
complied with for reasons beyond the control of the licensed land
surveyor or licensed civil engineer, the 90-day time period shall be
extended until the time at which the reasons for delay are
eliminated. If the licensed land surveyor or licensed civil engineer
cannot comply with the 90-day time limit, he or she shall, prior to
the expiration of the 90-day time limit, provide the county surveyor
with a letter stating that he or she is unable to comply. The letter
shall provide an estimate of the date for completion of the record
of survey, the reasons for the delay, and a general statement as to
the location of the survey, including the assessor's parcel number or
numbers.
(e) The licensed land surveyor or licensed civil engineer shall
not initially be required to provide specific details of the survey.
However, if other surveys at the same location are performed by
others which may affect or be affected by the survey, the licensed
land surveyor or licensed civil engineer shall then provide
information requested by the county surveyor without unreasonable
delay.
(f) Any record of survey filed with the county surveyor shall,
after being examined by him or her, be filed with the county
recorder.
(g) If the preparer of the record of survey provides a
postage-paid, self-addressed envelope or postcard with the filing of
the record of survey, the county recorder shall return the
postage-paid, self-addressed envelope or postcard to the preparer of
the record of survey with the filing data within 10 days of final
filing. For the purposes of this subdivision, "filing data" includes
the date, the book or volume, and the page at which the record of
survey is filed by the county surveyor.
SEC. 68. Section 8763 of the Business and Professions Code is
amended to read:
8763. The record of survey shall be a map, legibly drawn,
printed, or reproduced by a process guaranteeing a permanent record
in black on tracing cloth, or polyester base film, 18 by 26 inches or
460 by 660 millimeters. If ink is used on polyester base film, the
ink surface shall be coated with a suitable substance to assure
permanent legibility. A marginal line shall be drawn completely
around each sheet leaving an entirely blank margin of one inch or 25
millimeters.
SEC. 69. Section 8764.5 of the Business and Professions Code is
amended to read:
8764.5. Statements shall appear on the map as follows:
SURVEYOR'S STATEMENT
This map correctly represents a survey made by me or under my
direction in conformance with the requirements of the Professional
Land
Surveyors' Act at the request of
______________________________________
Name of Person Authorizing Survey
in ____________, 20__.
(Signed and sealed)
________________________
L.S. (or R.C.E.) No.
_______________________
License expiration date
____________________
COUNTY SURVEYOR'S STATEMENT
This map has been examined in accordance with Section 8766 of the
Professional Land Surveyors' Act this _____ day of _________, 20__.
(Signed and Sealed)
________________________
County Surveyor
L.S. (or R.C.E.) No.
_______________________
License expiration date
____________________
RECORDER'S STATEMENT
Filed this ____ day of ____, 20__, at ___.m. in Book ____
of _____ at page _____, at the request of ______________.
(Signed)
___________________________________
County Recorder
No other statements may appear on the face of the map except those
required or authorized by this article.
SEC. 70. Section 8773.2 of the Business and Professions Code is
amended to read:
8773.2. (a) A "corner record" submitted to the county surveyor or
engineer shall be examined by him or her for compliance with
subdivision (d) of Section 8765 and Sections 8773, 8773.1, and
8773.4, endorsed with a statement of his or her examination, and
filed with the county surveyor or returned to the submitting party
within 20 working days after receipt.
(b) In the event the submitted "corner record" fails to comply
with the examination criteria of subdivision (a), the county surveyor
or engineer shall return it to the person who submitted it together
with a written statement of the changes necessary to make it conform
to the requirements of subdivision (a). The licensed land surveyor
or licensed civil engineer submitting the corner record may then make
the changes in compliance with subdivision (a) and resubmit the
corner record for filing. The county surveyor or engineer shall file
the corner record within 10 working days after receipt of the
resubmission.
(c) If the matters appearing on the corner record cannot be agreed
upon by the licensed land surveyor or the licensed civil engineer
and the county surveyor within 10 working days after the licensed
land surveyor or licensed civil engineer resubmits and requests the
corner record be filed without further change, an explanation of the
differences shall be noted on the corner record and it shall be
submitted to and filed by the county surveyor. When the county
surveyor places an explanatory note on a corner record, the county
surveyor shall transmit a copy of the filed corner record within 10
working days of the filing to the licensed land surveyor or licensed
civil engineer who submitted the corner record.
(d) The corner record filed with the county surveyor of any county
shall be securely fastened by him or her into a suitable book
provided for that purpose.
(e) A charge for examining, indexing, and filing the corner record
may be collected by the county surveyor, not to exceed the amount
required for the recording of a deed.
(f) If the preparer of the corner record provides a postage-paid,
self-addressed envelope or postcard with the filing of the corner
record, the county surveyor shall return the postage-paid,
self-addressed envelope or postcard to the preparer of the corner
record with the filing data within 20 days of final filing. For the
purposes of this subdivision, "filing data" includes the date, book
or volume, and the page at which the corner record is filed by the
county surveyor. This subdivision shall not apply to a county
surveyor's office that maintains an electronic database of filed
corner records that is accessible to the public by reference to the
preparer's license number.
SEC. 71. Section 8773.4 of the Business and Professions Code is
amended to read:
8773.4. (a) A corner record shall be signed by a licensed land
surveyor or licensed civil engineer and stamped with his or her seal,
or in the case of an agency of the United States government or the
State of California, the certificate may be signed by the chief of
the survey party making the survey, setting forth his or her official
title, prior to filing.
(b) A corner record need not be filed when:
(1) A corner record is on file and the corner is found as
described in the existing corner record.
(2) All conditions of Section 8773 are complied with by proper
notations on a record of survey map filed in compliance with the
Professional Land Surveyors' Act or a parcel or subdivision map, in
compliance with the Subdivision Map Act.
(3) When the survey is a survey of a mobilehome park interior lot
as defined in Section 18210 of the Health and Safety Code, provided
that no subdivision map, official map, or record of survey has been
previously filed for the interior lot or no conversion to residential
ownership has occurred pursuant to Section 66428.1 of the Government
Code.
This section shall not apply to maps filed prior to January 1,
1974.
SEC. 72. Section 43.7 of the Civil Code is amended to read:
43.7. (a) There shall be no monetary liability on the part of,
and no cause of action for damages shall arise against, any member of
a duly appointed mental health professional quality assurance
committee that is established in compliance with Section 4070 of the
Welfare and Institutions Code, for any act or proceeding undertaken
or performed within the scope of the functions of the committee which
is formed to review and evaluate the adequacy, appropriateness, or
effectiveness of the care and treatment planned for, or provided to,
mental health patients in order to improve quality of care by mental
health professionals if the committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any professional
society, any member of a duly appointed committee of a medical
specialty society, or any member of a duly appointed committee of a
state or local professional society, or duly appointed member of a
committee of a professional staff of a licensed hospital (provided
the professional staff operates pursuant to written bylaws that have
been approved by the governing board of the hospital), for any act or
proceeding undertaken or performed within the scope of the functions
of the committee which is formed to maintain the professional
standards of the society established by its bylaws, or any member of
any peer review committee whose purpose is to review the quality of
medical, dental, dietetic, chiropractic, optometric, acupuncture, or
veterinary services rendered by physicians and surgeons, dentists,
dental hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, or psychologists which
committee is composed chiefly of physicians and surgeons, dentists,
dental hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, or psychologists for
any act or proceeding undertaken or performed in reviewing the
quality of medical, dental, dietetic, chiropractic, optometric,
acupuncture, or veterinary services rendered by physicians and
surgeons, dentists, dental hygienists, podiatrists, registered
dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, or psychologists or any member of the governing board
of a hospital in reviewing the quality of medical services rendered
by members of the staff if the professional society, committee, or
board member acts without malice, has made a reasonable effort to
obtain the facts of the matter as to which he, she, or it acts, and
acts in reasonable belief that the action taken by him, her, or it is
warranted by the facts known to him, her, or it after the reasonable
effort to obtain facts. "Professional society" includes legal,
medical, psychological, dental, dental hygiene, dietetic, accounting,
optometric, acupuncture, podiatric, pharmaceutic, chiropractic,
physical therapist, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However,
if the society has less than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society.
"Medical specialty society" means an organization having as
members at least 25 percent of the eligible physicians within a given
professionally recognized medical specialty in the geographic area
served by the particular society.
(c) This section does not affect the official immunity of an
officer or employee of a public corporation.
(d) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any physician and
surgeon, podiatrist, or chiropractor who is a member of an
underwriting committee of an interindemnity or reciprocal or
interinsurance exchange or mutual company for any act or proceeding
undertaken or performed in evaluating physicians and surgeons,
podiatrists, or chiropractors for the writing of professional
liability insurance, or any act or proceeding undertaken or performed
in evaluating physicians and surgeons for the writing of an
interindemnity, reciprocal, or interinsurance contract as specified
in Section 1280.7 of the Insurance Code, if the evaluating physician
or surgeon, podiatrist, or chiropractor acts without malice, has made
a reasonable effort to obtain the facts of the matter as to which he
or she acts, and acts in reasonable belief that the action taken by
him or her is warranted by the facts known to him or her after the
reasonable effort to obtain the facts.
(e) This section shall not be construed to confer immunity from
liability on any quality assurance committee established in
compliance with Section 4070 of the Welfare and Institutions Code or
hospital. In any case in which, but for the enactment of the
preceding provisions of this section, a cause of action would arise
against a quality assurance committee established in compliance with
Section 4070 of the Welfare and Institutions Code or hospital, the
cause of action shall exist as if the preceding provisions of this
section had not been enacted.
SEC. 73. Section 43.93 of the Civil Code is amended to read:
43.93. (a) For the purposes of this section the following
definitions are applicable:
(1) "Psychotherapy" means the professional treatment, assessment,
or counseling of a mental or emotional illness, symptom, or
condition.
(2) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry, a psychologist, a psychological
assistant, a marriage and family therapist, a registered marriage and
family therapist intern or trainee, an educational psychologist, an
associate clinical social worker, or a licensed clinical social
worker.
(3) "Sexual contact" means the touching of an intimate part of
another person. "Intimate part" and "touching" have the same
meanings as defined in subdivisions (f) and (d), respectively, of
Section 243.4 of the Penal Code. For the purposes of this section,
sexual contact includes sexual intercourse, sodomy, and oral
copulation.
(4) "Therapeutic relationship" exists during the time the patient
or client is rendered professional service by the therapist.
(5) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the patient's or former patient's
treatment.
(b) A cause of action against a psychotherapist for sexual contact
exists for a patient or former patient for injury caused by sexual
contact with the psychotherapist, if the sexual contact occurred
under any of the following conditions:
(1) During the period the patient was receiving psychotherapy from
the psychotherapist.
(2) Within two years following termination of therapy.
(3) By means of therapeutic deception.
(c) The patient or former patient may recover damages from a
psychotherapist who is found liable for sexual contact. It is not a
defense to the action that sexual contact with a patient occurred
outside a therapy or treatment session or that it occurred off the
premises regularly used by the psychotherapist for therapy or
treatment sessions. No cause of action shall exist between spouses
within a marriage.
(d) In an action for sexual contact, evidence of the plaintiff's
sexual history is not subject to discovery and is not admissible as
evidence except in either of the following situations:
(1) The plaintiff claims damage to sexual functioning.
(2) The defendant requests a hearing prior to conducting discovery
and makes an offer of proof of the relevancy of the history, and the
court finds that the history is relevant and the probative value of
the history outweighs its prejudicial effect.
The court shall allow the discovery or introduction as evidence
only of specific information or examples of the plaintiff's conduct
that are determined by the court to be relevant. The court's order
shall detail the information or conduct that is subject to discovery.
SEC. 74. Section 43.95 of the Civil Code is amended to read:
43.95. (a) There shall be no monetary liability on the part of,
and no cause of action for damages shall arise against, any
professional society or any nonprofit corporation authorized by a
professional society to operate a referral service, or their agents,
employees, or members, for referring any member of the public to any
professional member of the society or service, or for acts of
negligence or conduct constituting unprofessional conduct committed
by a professional to whom a member of the public was referred, so
long as any of the foregoing persons or entities has acted without
malice, and the referral was made at no cost added to the initial
referral fee as part of a public service referral system organized
under the auspices of the professional society. Further, there shall
be no monetary liability on the part of, and no cause of action for
damages shall arise against, any professional society for providing a
telephone information library available for use by the general
public without charge, nor against any nonprofit corporation
authorized by a professional society for providing a telephone
information library available for use by the general public without
charge. "Professional society" includes legal, psychological,
architectural, medical, dental, dietetic, accounting, optometric,
podiatric, pharmaceutic, chiropractic, veterinary, licensed marriage
and family therapy, licensed clinical social work, and engineering
organizations having as members at least 25 percent of the eligible
persons or licentiates in the geographic area served by the
particular society. However, if the society has less than 100
members, it shall have as members at least a majority of the eligible
persons or licentiates in the geographic area served by the
particular society. "Professional society" also includes
organizations with referral services that have been authorized by the
State Bar of California and operated in accordance with its Minimum
Standards for a Lawyer Referral Service in California, and
organizations that have been established to provide free assistance
or representation to needy patients or clients.
(b) This section shall not apply whenever the professional
society, while making a referral to a professional member of the
society, fails to disclose the nature of any disciplinary action of
which it has actual knowledge taken by a state licensing agency
against that professional member. However, there shall be no duty to
disclose a disciplinary action in either of the following cases:
(1) Where a disciplinary proceeding results in no disciplinary
action being taken against the professional to whom a member of the
public was referred.
(2) Where a period of three years has elapsed since the
professional to whom a member of the public was referred has
satisfied any terms, conditions, or sanctions imposed upon the
professional as disciplinary action; except that if the professional
is an attorney, there shall be no time limit on the duty to disclose.
SEC. 75. Section 13401.5 of the Corporations Code is amended to
read:
13401.5. Notwithstanding subdivision (d) of Section 13401 and any
other provision of law, the following licensed persons may be
shareholders, officers, directors, or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation:
(a) Medical corporation.
(1) Licensed doctors of podiatric medicine.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(b) Podiatric medical corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(c) Psychological corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(d) Speech-language pathology corporation.
(1) Licensed audiologists.
(e) Audiology corporation.
(1) Licensed speech-language pathologists.
(f) Nursing corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(g) Marriage and family therapy corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(h) Licensed clinical social worker corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed marriage and family therapists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(i) Physician assistants corporation.
(1) Licensed physicians and surgeons.
(2) Registered nurses.
(3) Licensed acupuncturists.
(j) Optometric corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(k) Chiropractic corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed acupuncturists.
(l) Acupuncture corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed physician assistants.
(9) Licensed chiropractors.
SEC. 76. Section 35160.5 of the Education Code is amended to read:
35160.5. (a) The governing board of each school district that
maintains one or more schools containing any of grades 7 to 12,
inclusive, shall, as a condition for the receipt of an inflation
adjustment pursuant to Section 42238.1, establish a school district
policy regarding participation in extracurricular and cocurricular
activities by pupils in grades 7 to 12, inclusive. The criteria,
which shall be applied to extracurricular and cocurricular
activities, shall ensure that pupil participation is conditioned upon
satisfactory educational progress in the previous grading period.
Pupils who are eligible for differential standards of proficiency
pursuant to subdivision (d) of Section 51215 are covered by this
section consistent with that subdivision. No person shall classify a
pupil as eligible for differential standards of proficiency pursuant
to subdivision (d) of Section 51215 for the purpose of circumventing
the intent of this subdivision.
(1) For purposes of this subdivision, "extracurricular activity"
means a program that has all of the following characteristics:
(A) The program is supervised or financed by the school district.
(B) Pupils participating in the program represent the school
district.
(C) Pupils exercise some degree of freedom in either the
selection, planning, or control of the program.
(D) The program includes both preparation for performance and
performance before an audience or spectators.
(2) For purposes of this subdivision, an "extracurricular activity"
is not part of the regular school curriculum, is not graded, does
not offer credit, and does not take place during classroom time.
(3) For purposes of this subdivision, a "cocurricular activity" is
defined as a program that may be associated with the curriculum in a
regular classroom.
(4) Any teacher graded or required program or activity for a
course that satisfies the entrance requirements for admission to the
California State University or the University of California is not an
extracurricular or cocurricular activity as defined by this section.
(5) For purposes of this subdivision, "satisfactory educational
progress" shall include, but not be limited to, the following:
(A) Maintenance of minimum passing grades, which is defined as at
least a 2.0 grade point average in all enrolled courses on a 4.0
scale.
(B) Maintenance of minimum progress toward meeting the high school
graduation requirements prescribed by the governing board.
(6) For purposes of this subdivision, "previous grading period"
does not include any grading period in which the pupil was not in
attendance for all, or a majority of, the grading period due to
absences excused by the school for reasons such as serious illness or
injury, approved travel, or work. In that event, "previous grading
period" is deemed to mean the grading period immediately prior to the
grading period or periods excluded pursuant to this paragraph.
(7) A program that has, as its primary goal, the improvement of
academic or educational achievements of pupils is not an
extracurricular or cocurricular activity as defined by this section.
(8) The governing board of each school district may adopt, as part
of its policy established pursuant to this subdivision, provisions
that would allow a pupil who does not achieve satisfactory
educational progress, as defined in paragraph (4), in the previous
grading period to remain eligible to participate in extracurricular
and cocurricular activities during a probationary period. The
probationary period shall not exceed one semester in length, but may
be for a shorter period of time, as determined by the governing board
of the school district. A pupil who does not achieve satisfactory
educational progress, as defined in paragraph (4), during the
probationary period shall not be allowed to participate in
extracurricular and cocurricular activities in the subsequent grading
period.
(9) Nothing in this subdivision shall preclude the governing board
of a school district from imposing a more stringent academic
standard than that imposed by this subdivision. If the governing
board of a school district imposes a more stringent academic
standard, the governing board shall establish the criteria for
participation in extracurricular and cocurricular activities at a
meeting open to the public pursuant to Section 35145.
The governing board of each school district shall annually review
the school district policies adopted pursuant to the requirements of
this section.
(b) (1) On or before July 1, 1994, the governing board of each
school district shall, as a condition for the receipt of school
apportionments from the state school fund, adopt rules and
regulations establishing a policy of open enrollment within the
district for residents of the district. This requirement does not
apply to any school district that has only one school or any school
district with schools that do not serve any of the same grade levels.
(2) The policy shall include all of the following elements:
(A) It shall provide that the parent or guardian of each schoolage
child who is a resident in the district may select the schools the
child shall attend, irrespective of the particular locations of his
or her residence within the district, except that school districts
shall retain the authority to maintain appropriate racial and ethnic
balances among their respective schools at the school districts'
discretion or as specified in applicable court-ordered or voluntary
desegregation plans.
(B) It shall include a selection policy for any school that
receives requests for admission in excess of the capacity of the
school that ensures that selection of pupils to enroll in the school
is made through a random, unbiased process that prohibits an
evaluation of whether any pupil should be enrolled based upon his or
her academic or athletic performance. For purposes of this
subdivision, the governing board of the school district shall
determine the capacity of the schools in its district. However,
school districts may employ existing entrance criteria for
specialized schools or programs if the criteria are uniformly applied
to all applicants. This subdivision shall not be construed to
prohibit school districts from using academic performance to
determine eligibility for, or placement in, programs for gifted and
talented pupils established pursuant to Chapter 8 (commencing with
Section 52200) of Part 28.
(C) It shall provide that no pupil who currently resides in the
attendance area of a school shall be displaced by pupils transferring
from outside the attendance area.
(3) Notwithstanding the requirement of subparagraph (B) of
paragraph (2) that the policy include a selection policy for any
school that receives requests for admission in excess of the capacity
of the school that ensures that the selection is made through a
random, unbiased process, the policy may include any of the following
elements:
(A) It may provide that special circumstances exist that might be
harmful or dangerous to a particular pupil in the current attendance
area of the pupil, including, but not limited to, threats of bodily
harm or threats to the emotional stability of the pupil, that serve
as a basis for granting a priority of attendance outside the current
attendance area of the pupil. A finding of harmful or dangerous
special circumstances shall be based upon either of the following:
(i) A written statement from a representative of the appropriate
state or local agency, including, but not limited to, a law
enforcement official or a social worker, or properly licensed or
registered professionals, including, but not limited to,
psychiatrists, psychologists, or marriage and family therapists.
(ii) A court order, including a temporary restraining order and
injunction, issued by a judge.
A finding of harmful or dangerous special circumstances pursuant
to this subparagraph may be used by a school district to approve
transfers within the district to schools that have been deemed by the
school district to be at capacity and otherwise closed to transfers
that are not based on harmful or dangerous special circumstances.
(B) It may provide that any pupil attending a school prior to July
1, 1994, may be considered a current resident of that school for
purposes of this section until the pupil is promoted or graduates
from that school.
(C) It may provide that no pupil who was on a waiting list for a
school or specialized program, on or before July 1, 1994, pursuant to
a then-existing district policy on transfers within the district,
shall be displaced by pupils transferring after July 1, 1994, from
outside the attendance area, as long as the continued maintenance on
a waiting list remains consistent with the former policy.
(D) It may provide that schools receiving requests for admission
shall give priority for attendance to siblings of pupils already in
attendance in that school and to pupils whose parent or legal
guardian is assigned to that school as his or her primary place of
employment.
(E) It may include a process by which the school district informs
parents or guardians that certain schools or grade levels within a
school are currently, or are likely to be, at capacity and,
therefore, those schools or grade levels are unable to accommodate
any new pupils under the open enrollment policy.
(4) It is the intent of the Legislature that, upon the request of
the pupil's parent or guardian and demonstration of financial need,
each school district provide transportation assistance to the pupil
to the extent that the district otherwise provides transportation
assistance to pupils.
SEC. 77. Section 795 of the Evidence Code is amended to read:
795. (a) The testimony of a witness is not inadmissible in a
criminal proceeding by reason of the fact that the witness has
previously undergone hypnosis for the purpose of recalling events
which are the subject of the witness' testimony, if all of the
following conditions are met:
(1) The testimony is limited to those matters which the witness
recalled and related prior to the hypnosis.
(2) The substance of the prehypnotic memory was preserved in
written, audiotape, or videotape form prior to the hypnosis.
(3) The hypnosis was conducted in accordance with all of the
following procedures:
(A) A written record was made prior to hypnosis documenting the
subject's description of the event, and information which was
provided to the hypnotist concerning the subject matter of the
hypnosis.
(B) The subject gave informed consent to the hypnosis.
(C) The hypnosis session, including the pre- and post-hypnosis
interviews, was videotape recorded for subsequent review.
(D) The hypnosis was performed by a licensed medical doctor,
psychologist, licensed clinical social worker, or a licensed marriage
and family therapist experienced in the use of hypnosis and
independent of and not in the presence of law enforcement, the
prosecution, or the defense.
(4) Prior to admission of the testimony, the court holds a hearing
pursuant to Section 402 of the Evidence Code at which the proponent
of the evidence proves by clear and convincing evidence that the
hypnosis did not so affect the witness as to render the witness'
prehypnosis recollection unreliable or to substantially impair the
ability to cross-examine the witness concerning the witness'
prehypnosis recollection. At the hearing, each side shall have the
right to present expert testimony and to cross-examine witnesses.
(b) Nothing in this section shall be construed to limit the
ability of a party to attack the credibility of a witness who has
undergone hypnosis, or to limit other legal grounds to admit or
exclude the testimony of that witness.
SEC. 78. Section 1014 of the Evidence Code is amended to read:
1014. Subject to Section 912 and except as otherwise provided in
this article, the patient, whether or not a party, has a privilege to
refuse to disclose, and to prevent another from disclosing, a
confidential communication between patient and psychotherapist if the
privilege is claimed by:
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the
holder of the privilege.
(c) The person who was the psychotherapist at the time of the
confidential communication, but the person may not claim the
privilege if there is no holder of the privilege in existence or if
he or she is otherwise instructed by a person authorized to permit
disclosure.
The relationship of a psychotherapist and patient shall exist
between a psychological corporation as defined in Article 9
(commencing with Section 2995) of Chapter 6.6 of Division 2 of the
Business and Professions Code, a marriage and family therapy
corporation as defined in Article 6 (commencing with Section 4987.5)
of Chapter 13 of Division 2 of the Business and Professions Code, or
a licensed clinical social workers corporation as defined in Article
5 (commencing with Section 4998) of Chapter 14 of Division 2 of the
Business and Professions Code, and the patient to whom it renders
professional services, as well as between those patients and
psychotherapists employed by those corporations to render services to
those patients. The word "persons" as used in this subdivision
includes partnerships, corporations, limited liability companies,
associations and other groups and entities.
SEC. 79. Section 6929 of the Family Code is amended to read:
6929. (a) As used in this section:
(1) "Counseling" means the provision of counseling services by a
provider under a contract with the state or a county to provide
alcohol or drug abuse counseling services pursuant to Part 2
(commencing with Section 5600) of Division 5 of the Welfare and
Institutions Code or pursuant to Division 10.5 (commencing with
Section 11750) of the Health and Safety Code.
(2) "Drug or alcohol" includes, but is not limited to, any
substance listed in any of the following:
(A) Section 380 or 381 of the Penal Code.
(B) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(C) Subdivision (f) of Section 647 of the Penal Code.
(3) "LAAM" means levoalphacetylmethadol as specified in paragraph
(10) of subdivision (c) of Section 11055 of the Health and Safety
Code.
(4) "Professional person" means a physician and surgeon,
registered nurse, psychologist, clinical social worker, or marriage
and family therapist.
(b) A minor who is 12 years of age or older may consent to medical
care and counseling relating to the diagnosis and treatment of a
drug- or alcohol-related problem.
(c) The treatment plan of a minor authorized by this section shall
include the involvement of the minor's parent or guardian, if
appropriate, as determined by the professional person or treatment
facility treating the minor. The professional person providing
medical care or counseling to a minor shall state in the minor's
treatment record whether and when the professional person attempted
to contact the minor's parent or guardian, and whether the attempt to
contact the parent or guardian was successful or unsuccessful, or
the reason why, in the opinion of the professional person, it would
not be appropriate to contact the minor's parent or guardian.
(d) The minor's parent or guardian is not liable for payment for
any care provided to a minor pursuant to this section, except that if
the minor's parent or guardian participates in a counseling program
pursuant to this section, the parent or guardian is liable for the
cost of the services provided to the minor and the parent or
guardian.
(e) This section does not authorize a minor to receive replacement
narcotic abuse treatment, in a program licensed pursuant to Article
3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division
10.5 of the Health and Safety Code, without the consent of the minor'
s parent or guardian.
(f) It is the intent of the Legislature that the state shall
respect the right of a parent or legal guardian to seek medical care
and counseling for a drug- or alcohol-related problem of a minor
child when the child does not consent to the medical care and
counseling, and nothing in this section shall be construed to
restrict or eliminate this right.
(g) Notwithstanding any other provision of law, in cases where a
parent or legal guardian has sought the medical care and counseling
for a drug- or alcohol-related problem of a minor child, the
physician shall disclose medical information concerning the care to
the minor's parent or legal guardian upon his or her request, even if
the minor child does not consent to disclosure, without liability
for the disclosure.
SEC. 80. Section 7827 of the Family Code is amended to read:
7827. (a) "Mentally disabled" as used in this section means that
a parent or parents suffer a mental incapacity or disorder that
renders the parent or parents unable to care for and control the
child adequately.
(b) A proceeding under this part may be brought where the child is
one whose parent or parents are mentally disabled and are likely to
remain so in the foreseeable future.
(c) Except as provided in subdivision (d), the evidence of any two
experts, each of whom shall be a physician and surgeon, certified
either by the American Board of Psychiatry and Neurology or under
Section 6750 of the Welfare and Institutions Code, a licensed
psychologist who has a doctoral degree in psychology and at least
five years of postgraduate experience in the diagnosis and treatment
of emotional and mental disorders, is required to support a finding
under this section. In addition to this requirement, the court shall
have the discretion to call a licensed marriage and family
therapist, or a licensed clinical social worker, either of whom shall
have at least five years of relevant postlicensure experience, in
circumstances where the court determines that this testimony is in
the best interest of the child and is warranted by the circumstances
of the particular family or parenting issues involved. However, the
court may not call a licensed marriage and family therapist or
licensed clinical social worker pursuant to this section who is the
adoption service provider, as defined in Section 8502, of the child
who is the subject of the petition to terminate parental rights.
(d) If the parent or parents reside in another state or in a
foreign country, the evidence required by this section may be
supplied by the affidavits of two experts, each of whom shall be
either of the following:
(1) A physician and surgeon who is a resident of that state or
foreign country, and who has been certified by a medical organization
or society of that state or foreign country to practice psychiatric
or neurological medicine.
(2) A licensed psychologist who has a doctoral degree in
psychology and at least five years of postgraduate experience in the
diagnosis and treatment of emotional and mental disorders and who is
licensed in that state or authorized to practice in that country.
(e) If the rights of a parent are sought to be terminated pursuant
to this section, and the parent has no attorney, the court shall
appoint an attorney for the parent pursuant to Article 4 (commencing
with Section 7860) of Chapter 3, whether or not a request for the
appointment is made by the parent.
SEC. 81. Section 8502 of the Family Code is amended to read:
8502. (a) "Adoption service provider" means any of the following:
(1) A licensed private adoption agency.
(2) An individual who has presented satisfactory evidence to the
department that he or she is a licensed clinical social worker who
also has a minimum of five years of experience providing professional
social work services while employed by a licensed California
adoption agency or the department.
(3) In a state other than California, an adoption agency licensed
or otherwise approved under the laws of that state, or an individual
who is licensed or otherwise certified as a clinical social worker
under the laws of that state.
(4) An individual who has presented satisfactory evidence to the
department that he or she is a licensed marriage and family therapist
who has a minimum of five years of experience providing professional
adoption casework services while employed by a licensed California
adoption agency or the department. The department shall review the
qualifications of each individual to determine if he or she has
performed professional adoption casework services for five years as
required by this section while employed by a licensed California
adoption agency or the department.
(b) If, in the case of a birth parent located in California, at
least three adoption service providers are not reasonably available,
or, in the case of a birth parent located outside of California who
has contacted at least three potential adoption service providers and
been unsuccessful in obtaining the services of an adoption service
provider who is reasonably available and willing to provide services,
independent legal counsel for the birth parent may serve as an
adoption service provider pursuant to subdivision (e) of Section
8801.5. "Reasonably available" means that an adoption service
provider is all of the following:
(1) Available within five days for an advisement of rights
pursuant to Section 8801.5, or within 24 hours for the signing of the
placement agreement pursuant to paragraph (3) of subdivision (b) of
Section 8801.3.
(2) Within 100 miles of the birth mother.
(3) Available for a cost not exceeding five hundred dollars ($500)
to make an advisement of rights and to witness the signing of the
placement agreement.
(c) Where an attorney acts as an adoption service provider, the
fee to make an advisement of rights and to witness the signing of the
placement agreement shall not exceed five hundred dollars ($500).
SEC. 82. Section 66452.6 of the Government Code is amended to
read:
66452.6. (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 12 months. However,
if the subdivider is required to expend one hundred twenty-five
thousand dollars ($125,000) or more to construct, improve, or finance
the construction or improvement of public improvements outside the
property boundaries of the tentative map, excluding improvements of
public rights-of-way which abut the boundary of the property to be
subdivided and which are reasonably related to the development of
that property, each filing of a final map authorized by Section
66456.1 shall extend the expiration of the approved or conditionally
approved tentative map by 36 months from the date of its expiration,
as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval. However, a tentative map on property subject to a
development agreement authorized by Article 2.5 (commencing with
Section 65864) of Chapter 4 of Division 1 may be extended for the
period of time provided for in the agreement, but not beyond the
duration of the agreement. The number of phased final maps that may
be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) The amount of one hundred twenty-five thousand dollars
($125,000) shall be annually increased by operation of law according
to the adjustment for inflation set forth in the statewide cost
index for class B construction, as determined by the State Allocation
Board at its January meeting. The effective date of each annual
adjustment shall be March 1. The adjusted amount shall apply to
tentative and vesting tentative maps whose applications were received
after the effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting
facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency which approved or conditionally
approved the tentative map denies, the existence or application of a
development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be
valid for the same period of time as was left to run on the map at
the time that the moratorium was imposed. However, if the remaining
time is less than 120 days, the map shall be valid for 120 days
following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit
upon the local agency, the subdivider may apply to the local agency
for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall
either stay the time period for up to five years or deny the
requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to,
notice and hearing requirements, appeal procedures, and other
administrative requirements.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
to, processing, approving, and recording, may lawfully occur after
the date of expiration of the tentative map. Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of five years. The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a). Prior to the expiration of an
approved or conditionally approved tentative map, upon an application
by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first.
If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium
includes a water or sewer moratorium, or a water and sewer
moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the
land, including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map. A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following:
(1) The condition was one that, by its nature, necessitated action
by the city or county, and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to expiration of the
tentative map.
(2) The condition necessitates acquisition of real property or any
interest in real property from a public agency, other than the city
or county that approved or conditionally approved the tentative map,
and that other public agency fails or refuses to convey the property
interest necessary to satisfy the condition. However, nothing in
this subdivision shall be construed to require any public agency to
convey any interest in real property owned by it. A development
moratorium specified in this paragraph shall be deemed to have been
imposed either on the date of approval or conditional approval of the
tentative map, if evidence was included in the public record that
the public agency which owns or controls the real property or any
interest therein may refuse to convey that property or interest, or
on the date that the public agency which owns or controls the real
property or any interest therein receives an offer by the subdivider
to purchase that property or interest for fair market value,
whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as
set forth in subdivision (b), but not later than January 1, 1992, so
long as the public agency which owns or controls the real property or
any interest therein fails or refuses to convey the necessary
property interest, regardless of the reason for the failure or
refusal, except that the development moratorium shall be deemed to
terminate 60 days after the public agency has officially made, and
communicated to the subdivider, a written offer or commitment binding
on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
SEC. 83. Section 1348.8 of the Health and Safety Code is amended
to read:
1348.8. (a) Every health care service plan that provides,
operates, or contracts for, telephone medical advice services to its
enrollees and subscribers shall do all of the following:
(1) Ensure that the in-state or out-of-state telephone medical
advice service is registered pursuant to Chapter 15 (commencing with
Section 4999) of Division 2 of the Business and Professions Code.
(2) Ensure that the staff providing telephone medical advice
services for the in-state or out-of-state telephone medical advice
service are licensed as follows:
(A) For full service health care service plans, the staff hold a
valid California license as a registered nurse or a valid license in
the state within which they provide telephone medical advice services
as a physician and surgeon or physician assistant and are operating
consistent with the laws governing their respective scopes of
practice.
(B) (i) For specialized health care service plans providing,
operating, or contracting with a telephone medical advice service in
California, the staff shall be appropriately licensed, registered, or
certified as a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code, as a registered nurse pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, as a dentist pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code, as
a dental hygienist pursuant to Section 1758 et seq. of the Business
and Professions Code, as a psychologist pursuant to Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code, as a marriage and family therapist pursuant to
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, as an optometrist pursuant to Chapter
7 (commencing with Section 3000) of Division 2 of the Business and
Professions Code, as a chiropractor pursuant to the Chiropractic
Initiative Act, or as an osteopath pursuant to the Osteopathic
Initiative Act and operating consistent with the laws governing their
respective scopes of practice.
(ii) For specialized health care service plans providing,
operating, or contracting with an out-of-state telephone medical
advice service, the staff shall be health care professionals, as
identified in clause (i) that are licensed, registered, or certified
in the state within which they are providing the telephone medical
advice services and operating consistent with the laws governing
their respective scopes of practice. All registered nurses providing
telephone medical advice services to both in-state and out-of-state
business entities registered pursuant to this chapter shall be
licensed pursuant to Chapter 6 (commencing with Section 2700) of
Division 2 of the Business and Professions Code.
(3) Ensure that every full service health care service plan
provides for a physician and surgeon who is available on an on-call
basis at all times the service is advertised to be available to
enrollees and subscribers.
(4) Ensure that the in-state or out-of-state telephone medical
advice service designates an agent for service of process in
California and files this designation with the director.
(5) Requires that the in-state or out-of-state telephone medical
advice service makes and maintains records for a period of five years
after the telephone medical advice services are provided, including,
but not limited to, oral or written transcripts of all medical
advice conversations with the health care service plan's enrollees or
subscribers in California and copies of all complaints. If the
records of telephone medical advice services are kept out of state,
the health care service plan shall, upon the request of the director,
provide the records to the director within 10 days of the request.
(6) Ensures that the telephone medical advice services are
provided consistent with good professional practice.
(b) The director shall forward to the Department of Consumer
Affairs, within 30 days of the end of each calendar quarter, data
regarding complaints filed with the department concerning telephone
medical advice services.
SEC. 84. Section 1373 of the Health and Safety Code is amended to
read:
1373. (a) A plan contract may not provide an exception for other
coverage if the other coverage is entitlement to Medi-Cal benefits
under Chapter 7 (commencing with Section 14000) or Chapter 8
(commencing with Section 14200) of Part 3 of Division 9 of the
Welfare and Institutions Code, or medicaid benefits under Subchapter
19 (commencing with Section 1396) of Chapter 7 of Title 42 of the
United States Code.
Each plan contract shall be interpreted not to provide an
exception for the Medi-Cal or medicaid benefits.
A plan contract shall not provide an exemption for enrollment
because of an applicant's entitlement to Medi-Cal benefits under
Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing
with Section 14200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or medicaid benefits under Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code.
A plan contract may not provide that the benefits payable
thereunder are subject to reduction if the individual insured has
entitlement to the Medi-Cal or medicaid benefits.
(b) A plan contract that provides coverage, whether by specific
benefit or by the effect of general wording, for sterilization
operations or procedures shall not impose any disclaimer, restriction
on, or limitation of, coverage relative to the covered individual's
reason for sterilization.
As used in this section, "sterilization operations or procedures"
shall have the same meaning as that specified in Section 10120 of the
Insurance Code.
(c) Every plan contract that provides coverage to the spouse or
dependents of the subscriber or spouse shall grant immediate accident
and sickness coverage, from and after the moment of birth, to each
newborn infant of any subscriber or spouse covered and to each minor
child placed for adoption from and after the date on which the
adoptive child's birth parent or other appropriate legal authority
signs a written document, including, but not limited to, a health
facility minor release report, a medical authorization form, or a
relinquishment form, granting the subscriber or spouse the right to
control health care for the adoptive child or, absent this written
document, on the date there exists evidence of the subscriber's or
spouse's right to control the health care of the child placed for
adoption. No plan may be entered into or amended if it contains any
disclaimer, waiver, or other limitation of coverage relative to the
coverage or insurability of newborn infants of, or children placed
for adoption with, a subscriber or spouse covered as required by this
subdivision.
(d) Every plan contract that provides that coverage of a dependent
child of a subscriber shall terminate upon attainment of the
limiting age for dependent children specified in the plan, shall also
provide in substance that attainment of the limiting age shall not
operate to terminate the coverage of the child while the child is and
continues to be both (1) incapable of self-sustaining employment by
reason of mental retardation or physical handicap and (2) chiefly
dependent upon the subscriber for support and maintenance, provided
proof of the incapacity and dependency is furnished to the plan by
the member within 31 days of the request for the information by the
plan or group plan contractholder and subsequently as may be required
by the plan or group plan contractholder, but not more frequently
than annually after the two-year period following the child's
attainment of the limiting age.
(e) A plan contract that provides coverage, whether by specific
benefit or by the effect of general wording, for both an employee and
one or more covered persons dependent upon the employee and provides
for an extension of the coverage for any period following a
termination of employment of the employee shall also provide that
this extension of coverage shall apply to dependents upon the same
terms and conditions precedent as applied to the covered employee,
for the same period of time, subject to payment of premiums, if any,
as required by the terms of the policy and subject to any applicable
collective bargaining agreement.
(f) A group contract shall not discriminate against handicapped
persons or against groups containing handicapped persons. Nothing in
this subdivision shall preclude reasonable provisions in a plan
contract against liability for services or reimbursement of the
handicap condition or conditions relating thereto, as may be allowed
by rules of the director.
(g) Every group contract shall set forth the terms and conditions
under which subscribers and enrollees may remain in the plan in the
event the group ceases to exist, the group contract is terminated or
an individual subscriber leaves the group, or the enrollees'
eligibility status changes.
(h) (1) A health care service plan or specialized health care
service plan may provide for coverage of, or for payment for,
professional mental health services, or vision care services, or for
the exclusion of these services. If the terms and conditions include
coverage for services provided in a general acute care hospital or
an acute psychiatric hospital as defined in Section 1250 and do not
restrict or modify the choice of providers, the coverage shall extend
to care provided by a psychiatric health facility as defined in
Section 1250.2 operating pursuant to licensure by the State
Department of Mental Health. A health care service plan that offers
outpatient mental health services but does not cover these services
in all of its group contracts shall communicate to prospective group
contractholders as to the availability of outpatient coverage for the
treatment of mental or nervous disorders.
(2) No plan shall prohibit the member from selecting any
psychologist who is licensed pursuant to the Psychology Licensing Law
(Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code), any optometrist who is the holder of
a certificate issued pursuant to Chapter 7 (commencing with Section
3000) of Division 2 of the Business and Professions Code or, upon
referral by a physician and surgeon licensed pursuant to the Medical
Practice Act (Chapter 5 (commencing with Section 2000) of Division 2
of the Business and Professions Code), (i) any marriage and family
therapist who is the holder of a license under Section 4980.50 of the
Business and Professions Code, (ii) any licensed clinical social
worker who is the holder of a license under Section 4996 of the
Business and Professions Code, (iii) any registered nurse licensed
pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of
the Business and Professions Code, who possesses a master's degree
in psychiatric-mental health nursing and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing,
or (iv) any advanced practice registered nurse certified as a
clinical nurse specialist pursuant to Article 9 (commencing with
Section 2838) of Chapter 6 of Division 2 of the Business and
Professions Code who participates in expert clinical practice in the
specialty of psychiatric-mental health nursing, to perform the
particular services covered under the terms of the plan, and the
certificate holder is expressly authorized by law to perform these
services.
(3) Nothing in this section shall be construed to allow any
certificate holder or licensee enumerated in this section to perform
professional mental health services beyond his or her field or fields
of competence as established by his or her education, training and
experience.
(4) For the purposes of this section, "marriage and family
therapist" means a licensed marriage and family therapist who has
received specific instruction in assessment, diagnosis, prognosis,
and counseling, and psychotherapeutic treatment of premarital,
marriage, family, and child relationship dysfunctions which is
equivalent to the instruction required for licensure on January 1,
1981.
(5) Nothing in this section shall be construed to allow a member
to select and obtain mental health or psychological or vision care
services from a certificate or license holder who is not directly
affiliated with or under contract to the health care service plan or
specialized health care service plan to which the member belongs.
All health care service plans and individual practice associations
that offer mental health benefits shall make reasonable efforts to
make available to their members the services of licensed
psychologists. However, a failure of a plan or association to comply
with the requirements of the preceding sentence shall not constitute
a misdemeanor.
(6) As used in this subdivision, "individual practice association"
means an entity as defined in subsection (5) of Section 1307 of the
federal Public Health Service Act (42 U.S.C. Sec. 300e-1, subsec.
(5)).
(7) Health care service plan coverage for professional mental
health services may include community residential treatment services
that are alternatives to inpatient care and that are directly
affiliated with the plan or to which enrollees are referred by
providers affiliated with the plan.
(i) If the plan utilizes arbitration to settle disputes, the plan
contracts shall set forth the type of disputes subject to
arbitration, the process to be utilized, and how it is to be
initiated.
(j) A plan contract that provides benefits that accrue after a
certain time of confinement in a health care facility shall specify
what constitutes a day of confinement or the number of consecutive
hours of confinement that are requisite to the commencement of
benefits.
SEC. 85. Section 1373.8 of the Health and Safety Code is amended
to read:
1373.8. A health care service plan contract where the plan is
licensed to do business in this state and the plan provides coverage
that includes California residents but that may be written or issued
for delivery outside of California and where benefits are provided
within the scope of practice of a licensed clinical social worker, a
registered nurse licensed pursuant to Chapter 6 (commencing with
Section 2700) of Division 2 of the Business and Professions Code, who
possesses a master's degree in psychiatric-mental health nursing and
is listed as a psychiatric-mental health nurse by the Board of
Registered Nursing, an advanced practice registered nurse who is
certified as a clinical nurse specialist pursuant to Article 9
(commencing with Section 2838) of Chapter 6 of Division 2 of the
Business and Professions Code who participates in expert clinical
practice in the specialty of psychiatric-mental health nursing, or a
marriage and family therapist who is the holder of a license under
Section 4980.50 of the Business and Professions Code, shall not be
deemed to prohibit persons covered under the contract from selecting
those licensed persons in California to perform the services in
California that are within the terms of the contract even though the
licensees are not licensed in the state where the contract is written
or issued for delivery.
It is the intent of the Legislature in amending this section in
the 1984 portion of the 1983-84 Legislative Session that persons
covered by the contract and those providers of health care specified
in this section who are licensed in California should be entitled to
the benefits provided by the plan for services of those providers
rendered to those persons.
SEC. 86. Section 11057 of the Health and Safety Code is amended to
read:
11057. (a) The controlled substances listed in this section are
included in Schedule IV.
(b) Schedule IV shall consist of the drugs and other substances,
by whatever official name, common or usual name, chemical name, or
brand name designated, listed in this section.
(c) Narcotic drugs. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited
quantities as set forth below:
(1) Not more than 1 milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit.
(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane).
(3) Butorphanol.
(d) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances, including
its salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Alprazolam.
(2) Barbital.
(3) Chloral betaine.
(4) Chloral hydrate.
(5) Chlordiazepoxide.
(6) Clobazam.
(7) Clonazepam.
(8) Clorazepate.
(9) Diazepam.
(10) Estazolam.
(11) Ethchlorvynol.
(12) Ethinamate.
(13) Flunitrazepam.
(14) Flurazepam.
(15) Halazepam.
(16) Lorazepam.
(17) Mebutamate.
(18) Meprobamate.
(19) Methohexital.
(20) Methylphenobarbital (Mephobarbital).
(21) Midazolam.
(22) Nitrazepam.
(23) Oxazepam.
(24) Paraldehyde.
(25) Petrichoral.
(26) Phenobarbital.
(27) Prazepam.
(28) Quazepam.
(29) Temazepam.
(30) Triazolam.
(31) Zaleplon.
(32) Zolpidem.
(e) Fenfluramine. Any material, compound, mixture, or preparation
which contains any quantity of the following substances, including
its salts, isomers (whether optical, position, or geometric), and
salts of those isomers, whenever the existence of those salts,
isomers, and salts of isomers is possible:
(1) Fenfluramine.
(f) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its salts,
isomers (whether optical, position, or geometric), and salts of those
isomers is possible within the specific chemical designation:
(1) Diethylpropion.
(2) Mazindol.
(3) Modafinil.
(4) Phentermine.
(5) Pemoline (including organometallic complexes and chelates
thereof).
(6) Pipradrol.
(7) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(g) Other substances. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of pentazocine, including its
salts.
SEC. 87. Article 2 (commencing with Section 11122) of Chapter 3 of
Division 10 of the Health and Safety Code is repealed.
SEC. 88. Section 111656.4 of the Health and Safety Code is amended
to read:
111656.4. Section 4051 of the Business and Professions Code shall
not prohibit a home medical device retail facility from selling or
dispensing prescription devices if the department finds that
sufficient qualified supervision is employed by the home medical
device retail facility to adequately safeguard and protect the public
health. Each person applying to the department for this exemption
shall meet the following requirements to obtain and maintain the
exemption:
(a) A licensed
pharmacist or an exemptee who meets the requirements set forth in
paragraphs (1) to (5), inclusive, and whose license of exemption is
currently valid, shall be in charge of the home medical device retail
facility.
(1) He or she shall be a high school graduate or possess a general
education development equivalent.
(2) He or she shall have a minimum of one year of paid work
experience related to the distribution or dispensing of dangerous
drugs or dangerous devices.
(3) He or she shall complete a training program that addresses
each of the following subjects that are applicable to his or her
duties:
(A) Knowledge and understanding of state and federal laws relating
to the distribution of dangerous drugs and dangerous devices.
(B) Knowledge and understanding of state and federal laws relating
the distribution of controlled substances.
(C) Knowledge and understanding of quality control systems.
(D) Knowledge and understanding of the United States Pharmacopoeia
standards relating to the safe storage and handling of drugs.
(E) Knowledge and understanding relating to the safe storage and
handling of home medical devices.
(F) Knowledge and understanding of prescription terminology,
abbreviations, and format.
(4) The department may, by regulation, require training programs
that include additional material.
(5) The department shall not issue an exemptee a license until the
applicant provides proof of completion of the required training that
the department determines is adequate to fulfill these requirements.
(b) The licensed pharmacist or exemptee shall be on the premises
at all times that prescription devices are available for sale or
fitting unless the prescription devices are stored separately from
other merchandise and are under the exclusive control of the licensed
pharmacist or exemptee. A licensed pharmacist or an exemptee need
not be present in the warehouse facility of a home medical device
retail facility unless the department establishes that requirement by
regulation based upon the need to protect the public.
(c) The department may require an exemptee to complete a
designated number of hours of coursework in department-approved
courses of home health education in the disposition of any
disciplinary action taken against the exemptee.
(d) Each premises maintained by a home medical device retail
facility shall have a license issued by the department and shall have
a licensed pharmacist or exemptee on the premises if prescription
devices are furnished, sold, or dispensed.
(e) A home medical device retail facility may establish locked
storage (a lock box or locked area) for emergency or after working
hours furnishing of prescription devices. Locked storage may be
installed or placed in a service vehicle of the home medical device
retail facility for emergency or after hours service to patients
having prescriptions for prescription devices.
(f) The department may by regulation authorize a licensed
pharmacist or exemptee to direct an employee of the home medical
device retail facility who operates the service vehicle equipped with
locked storage described in subdivision (e) to deliver a
prescription device from the locked storage to patients having
prescriptions for prescription devices. These regulations shall
establish inventory requirements for the locked storage by a licensed
pharmacist or exemptee to take place shortly after a prescription
device has been delivered from the locked storage to a patient.
SEC. 89. Section 123105 of the Health and Safety Code is amended
to read:
123105. As used in this chapter:
(a) "Health care provider" means any of the following:
(1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
(2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
(3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
(4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
(5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
(6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
(7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
(8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
(9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
(10) A marriage and family therapist licensed pursuant to Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code.
(11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
(12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business and
Professions Code.
(b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder. "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
(c) "Patient" means a patient or former patient of a health care
provider.
(d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or proposed to be
provided to the patient. "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records. "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115. "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
(e) "Patient's representative" or "representative" means a parent
or the guardian of a minor who is a patient, or the guardian or
conservator of the person of an adult patient, or the beneficiary or
personal representative of a deceased patient.
(f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.
SEC. 90. Section 10176 of the Insurance Code is amended to read:
10176. In disability insurance, the policy may provide for
payment of medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, acupuncture, professional mental health,
dental, hospital, or optometric expenses upon a reimbursement basis,
or for the exclusion of any of those services, and provision may be
made therein for payment of all or a portion of the amount of charge
for these services without requiring that the insured first pay the
expenses. The policy shall not prohibit the insured from selecting
any psychologist or other person who is the holder of a certificate
or license under Section 1000, 1634, 2050, 2472, 2553, 2630, 2948,
3055, or 4938 of the Business and Professions Code, to perform the
particular services covered under the terms of the policy, the
certificate holder or licensee being expressly authorized by law to
perform those services.
If the insured selects any person who is a holder of a certificate
under Section 4938 of the Business and Professions Code, a
disability insurer or nonprofit hospital service plan shall pay the
bona fide claim of an acupuncturist holding a certificate pursuant to
Section 4938 of the Business and Professions Code for the treatment
of an insured person only if the insured's policy or contract
expressly includes acupuncture as a benefit and includes coverage for
the injury or illness treated. Unless the policy or contract
expressly includes acupuncture as a benefit, no person who is the
holder of any license or certificate set forth in this section shall
be paid or reimbursed under the policy for acupuncture.
Nor shall the policy prohibit the insured, upon referral by a
physician and surgeon licensed under Section 2050 of the Business and
Professions Code, from selecting any licensed clinical social worker
who is the holder of a license issued under Section 4996 of the
Business and Professions Code or any occupational therapist as
specified in Section 2570.2 of the Business and Professions Code, or
any marriage and family therapist who is the holder of a license
under Section 4980.50 of the Business and Professions Code, to
perform the particular services covered under the terms of the
policy, or from selecting any speech-language pathologist or
audiologist licensed under Section 2532 of the Business and
Professions Code or any registered nurse licensed pursuant to Chapter
6 (commencing with Section 2700) of Division 2 of the Business and
Professions Code, who possesses a master's degree in
psychiatric-mental health nursing and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing or
any advanced practice registered nurse certified as a clinical nurse
specialist pursuant to Article 9 (commencing with Section 2838) of
Chapter 6 of Division 2 of the Business and Professions Code who
participates in expert clinical practice in the specialty of
psychiatric-mental health nursing, or any respiratory care
practitioner certified pursuant to Chapter 8.3 (commencing with
Section 3700) of Division 2 of the Business and Professions Code to
perform services deemed necessary by the referring physician, that
certificate holder, licensee or otherwise regulated person, being
expressly authorized by law to perform the services.
Nothing in this section shall be construed to allow any
certificate holder or licensee enumerated in this section to perform
professional mental health services beyond his or her field or
fields of competence as established by his or her education,
training, and experience. For the purposes of this section,
"marriage and family therapist" means a licensed marriage and family
therapist who has received specific instruction in assessment,
diagnosis, prognosis, and counseling, and psychotherapeutic treatment
of premarital, marriage, family, and child relationship dysfunctions
that is equivalent to the instruction required for licensure on
January 1, 1981.
An individual disability insurance policy, which is issued,
renewed, or amended on or after January 1, 1988, which includes
mental health services coverage may not include a lifetime waiver for
that coverage with respect to any applicant. The lifetime waiver of
coverage provision shall be deemed unenforceable.
SEC. 91. Section 10176.7 of the Insurance Code is amended to read:
10176.7. Disability insurance where the insurer is licensed to do
business in this state and which provides coverage under a contract
of insurance which includes California residents but which may be
written or issued for delivery outside of California where benefits
are provided within the scope of practice of a licensed clinical
social worker, a registered nurse licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who possesses a master's degree in
psychiatric-mental health nursing and two years of supervised
experience in psychiatric-mental health nursing, a marriage and
family therapist who is the holder of a license under Section 17805
of the Business and Professions Code, or a respiratory care
practitioner certified pursuant to Chapter 8.3 (commencing with
Section 3700) of Division 2 of the Business and Professions Code
shall not be deemed to prohibit persons covered under the contract
from selecting those licensees in California to perform the services
in California which are within the terms of the contract even though
the licensees are not licensed in the state where the contract is
written or issued for delivery.
It is the intent of the Legislature in amending this section in
the 1984 portion of the 1983-84 Legislative Session that persons
covered by the insurance and those providers of health care specified
in this section who are licensed in California should be entitled to
the benefits provided by the insurance for services of those
providers rendered to those persons.
SEC. 92. Section 10177 of the Insurance Code is amended to read:
10177. A self-insured employee welfare benefit plan may provide
for payment of professional mental health expenses upon a
reimbursement basis, or for the exclusion of those services, and
provision may be made therein for payment of all or a portion of the
amount of charge for those services without requiring that the
employee first pay those expenses. The plan shall not prohibit the
employee from selecting any psychologist who is the holder of a
certificate issued under Section 2948 of the Business and Professions
Code or, upon referral by a physician and surgeon licensed under
Section 2135 of the Business and Professions Code, any licensed
clinical social worker who is the holder of a license issued under
Section 4996 of the Business and Professions Code or any marriage and
family therapist who is the holder of a certificate or license under
Section 4980.50 of the Business and Professions Code, or any
registered nurse licensed pursuant to Chapter 6 (commencing with
Section 2700) of Division 2 of the Business and Professions Code, who
possesses a master's degree in psychiatric-mental health nursing and
is listed as a psychiatric-mental health nurse by the Board of
Registered Nursing or any advanced practice registered nurse
certified as a clinical nurse specialist pursuant to Article 9
(commencing with Section 2838) of Chapter 6 of Division 2 of the
Business and Professions Code who participates in expert clinical
practice in the specialty of psychiatric-mental health nursing, to
perform the particular services covered under the terms of the plan,
the certificate or license holder being expressly authorized by law
to perform these services.
Nothing in this section shall be construed to allow any
certificate holder or licensee enumerated in this section to perform
professional services beyond his or her field or fields of competence
as established by his or her education, training, and experience.
For the purposes of this section, "marriage and family therapist"
shall mean a licensed marriage and family therapist who has received
specific instruction in assessment, diagnosis, prognosis, and
counseling, and psychotherapeutic treatment of premarital, marriage,
family, and child relationship dysfunctions which is equivalent to
the instruction required for licensure on January 1, 1981.
A self-insured employee welfare benefit plan, which is issued,
renewed, or amended on or after January 1, 1988, that includes mental
health services coverage in nongroup contracts may not include a
lifetime waiver for that coverage with respect to any employee. The
lifetime waiver of coverage provision shall be deemed unenforceable.
SEC. 93. Section 10177.8 of the Insurance Code is amended to read:
10177.8. A self-insured employee welfare benefit plan doing
business in this state and providing coverage that includes
California residents but that may be written or issued for delivery
outside of California where benefits are provided within the scope of
practice of a licensed clinical social worker, a registered nurse
licensed pursuant to Chapter 6 (commencing with Section 2700) of
Division 2 of the Business and Professions Code who possesses a
master's degree in psychiatric-mental health nursing and two years of
supervised experience in psychiatric-mental health nursing, or a
marriage and family therapist who is the holder of a license under
Section 17805 of the Business and Professions Code, shall not be
deemed to prohibit persons covered under the plan from selecting
those licensees in California to perform the services in California
that are within the terms of the contract even though the licensees
are not licensed in the state where the contract is written or
issued.
It is the intent of the Legislature in amending this section in
the 1984 portion of the 1983-84 Legislative Session that persons
covered by the plan and those providers of health care specified in
this section who are licensed in California should be entitled to the
benefits provided by the plan for services of those providers
rendered to those persons.
SEC. 94. Section 3209.8 of the Labor Code is amended to read:
3209.8. Treatment reasonably required to cure or relieve from the
effects of an injury shall include the services of marriage and
family therapists and clinical social workers licensed by California
state law and within the scope of their practice as defined by
California state law if the injured person is referred to the
marriage and family therapist or the clinical social worker by a
licensed physician and surgeon, with the approval of the employer,
for treatment of a condition arising out of the injury. Nothing in
this section shall be construed to authorize marriage and family
therapists or clinical social workers to determine disability for the
purposes of Article 3 (commencing with Section 4650) of Chapter 2 of
Part 2. The requirement of this section that the employer approve
the referral by a licensed physician or surgeon shall not be
construed to preclude reimbursement for self-procured treatment,
found by the appeals board to be otherwise compensable pursuant to
this division, where the employer has refused to authorize any
treatment for the condition arising from the injury treated by the
marriage and family therapist or clinical social worker.
SEC. 96. Section 4514 of the Welfare and Institutions Code is
amended to read:
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a
developmental disability, or his or her guardian or conservator,
shall be obtained before information or records may be disclosed by
regional center or state developmental center personnel to a
professional not employed by the regional center or state
developmental center, or a program not vendored by a regional center
or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
article shall be construed to compel a physician, psychologist,
social worker, marriage and family therapist, nurse, attorney, or
other professional to reveal information that has been given to him
or her in confidence by a family member of the person unless a valid
release has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this article shall be construed to
compel a physician, psychologist, social worker, marriage and family
therapist, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
"__________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
______________________________"
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Rules Committee or the Assembly Rules Committee
for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician, psychologist, social
worker, marriage and family therapist, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician in charge of the client, or the professional in charge
of the facility or his or her designee, shall release information
and records to the coroner. The State Department of Developmental
Services, the physician in charge of the client, or the professional
in charge of the facility or his or her designee, shall not release
any notes, summaries, transcripts, tapes, or records of conversations
between the resident and health professional personnel of the
hospital relating to the personal life of the resident that is not
related to the diagnosis and treatment of the resident's physical
condition. Any information released to the coroner pursuant to this
section shall remain confidential and shall be sealed and shall not
be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State
Department of Social Services, as necessary to the performance of
their duties to inspect, license, and investigate health facilities
and community care facilities, and to ensure that the standards of
care and services provided in these facilities are adequate and
appropriate and to ascertain compliance with the rules and
regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall
be listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal,
civil, or administrative proceeding, it shall be sealed after the
State Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in Section 12020 of the Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Youth Authority and Adult Correctional Agency or any
component thereof, as necessary to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
SEC. 97. Section 5256.1 of the Welfare and Institutions Code is
amended to read:
5256.1. The certification review hearing shall be conducted by
either a court-appointed commissioner or a referee, or a
certification review hearing officer. The certification review
hearing officer shall be either a state qualified administrative law
hearing officer, a medical doctor, a licensed psychologist, a
registered nurse, a lawyer, a certified law student, a licensed
clinical social worker, or a licensed marriage and family therapist.
Licensed psychologists, licensed clinical social workers, licensed
marriage and family therapists, and registered nurses who serve as
certification review hearing officers shall have had a minimum of
five years' experience in mental health. Certification review
hearing officers shall be selected from a list of eligible persons
unanimously approved by a panel composed of the local mental health
director, the county public defender, and the county counsel or
district attorney designated by the county board of supervisors. No
employee of the county mental health program or of any facility
designated by the county and approved by the State Department of
Mental Health as a facility for 72-hour treatment and evaluation may
serve as a certification review hearing officer.
The location of the certification review hearing shall be
compatible with, and least disruptive of, the treatment being
provided to the person certified. In addition, hearings conducted by
certification review officers shall be conducted at an appropriate
place at the facility where the person certified is receiving
treatment.
SEC. 98. Section 5751 of the Welfare and Institutions Code is
amended to read:
5751. (a) Regulations pertaining to the qualifications of
directors of local mental health services shall be administered in
accordance with Section 5607. These standards may include the
maintenance of records of service which shall be reported to the
State Department of Mental Health in a manner and at times as it may
specify.
(b) Regulations pertaining to the position of director of local
mental health services, where the local director is other than the
local health officer or medical administrator of the county
hospitals, shall require that the director be a psychiatrist,
psychologist, clinical social worker, marriage and family therapist,
registered nurse, or hospital administrator, who meets standards of
education and experience established by the Director of Mental
Health. Where the director is not a psychiatrist, the program shall
have a psychiatrist licensed to practice medicine in this state and
who shall provide to patients medical care and services as authorized
by Section 2051 of the Business and Professions Code.
(c) The regulations shall be adopted in accordance with the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 99. Section 5751.2 of the Welfare and Institutions Code is
amended to read:
5751.2. (a) Except as provided in this section, persons employed
or under contract to provide mental health services pursuant to this
part shall be subject to all applicable requirements of law regarding
professional licensure, and no person shall be employed in local
mental health programs pursuant to this part to provide services for
which a license is required, unless the person possesses a valid
license.
(b) Persons employed as psychologists and clinical social workers,
while continuing in their employment in the same class as of January
1, 1979, in the same program or facility, including those persons on
authorized leave, but not including intermittent personnel, shall be
exempt from the requirements of subdivision (a).
(c) While registered with the licensing board of jurisdiction for
the purpose of acquiring the experience required for licensure,
persons employed or under contract to provide mental health services
pursuant to this part as clinical social workers or marriage and
family therapists shall be exempt from subdivision (a). Registration
shall be subject to regulations adopted by the appropriate licensing
board.
(d) The requirements of subdivision (a) shall be waived by the
department for persons employed or under contract to provide mental
health services pursuant to this part as psychologists who are
gaining the experience required for licensure. A waiver granted
under this subdivision may not exceed five years from the date of
employment by, or contract with, a local mental health program for
persons in the profession of psychology.
(e) The requirements of subdivision (a) shall be waived by the
department for persons who have been recruited for employment from
outside this state as psychologists, clinical social workers, or
marriage and family therapists and whose experience is sufficient to
gain admission to a licensing examination. A waiver granted under
this subdivision may not exceed three years from the date of
employment by, or contract with, a local mental health program for
persons in these three professions who are recruited from outside
this state.
SEC. 100. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.