reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 4 - Licensure › Section 4997.

4997. (a) A licensee may apply to the board to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of clinical social work in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee in the amount of one-half of the standard renewal fee and shall be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of licensure may, upon request, restore his or her license to practice clinical social work to active status.
(1) A licensee requesting his or her license be restored to active status between renewal cycles shall pay the remaining one-half of his or her renewal fee.
(2) A licensee requesting to restore his or her license to active status whose license will expire less than one year from the date of the request shall complete 18 hours of continuing education as specified in Section 4996.22.
(3) A licensee requesting to restore his or her license to active status whose license will expire more than one year from the date of the request shall complete 36 hours of continuing education as specified in Section 4996.22.
(Repealed and added by Stats. 2007, Ch. 588, Sec. 88. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 4 - Licensure › Section 4997.1.

4997.1. (a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired license to a licensed clinical social worker who holds a license that is current and active or a license that is inactive, and whose license is not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active clinical social worker license is required.
(c) The holder of a retired license shall not be required to renew that license.
(d) The holder of a retired license may apply to restore to active status his or her license to practice clinical social work if that retired license was issued less than three years prior to the application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in Section 4996.22.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license was issued in accordance with this section less than one year from the date of the application, shall complete 18 hours of continuing education as specified in Section 4996.22.
(f) An applicant requesting to restore his or her license pursuant to subdivision (d), whose license was issued in accordance with this section one or more years from the date of application, shall complete 36 hours of continuing education as specified in Section 4996.22.
(g) The holder of a retired license may apply to restore to active status his or her license to practice clinical social work if that retired license was issued three or more years prior to the application date, and the applicant meets all of the following requirements:
(1) Has not committed an act or crime constituting grounds for denial of licensure.
(2) Applies for licensure and pays the required fees.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements established by the board in regulation.
(Amended by Stats. 2013, Ch. 339, Sec. 3. (AB 404) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 5 - Licensed Clinical Social Workers Corporations › Section 4998.

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 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.
(Amended by Stats. 2021, Ch. 647, Sec. 58. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 5 - Licensed Clinical Social Workers Corporations › Section 4998.1.

4998.1. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or any regulations duly adopted under those laws.
(Repealed and added by Stats. 1999, Ch. 657, Sec. 18. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 5 - Licensed Clinical Social Workers Corporations › Section 4998.2.

4998.2. Notwithstanding Section 4996, the name of a licensed clinical social worker corporation and any name or names under which it may be rendering professional services shall contain the words “licensed clinical social worker” and wording or abbreviations denoting corporate existence.
A licensed clinical social worker corporation that conducts business under a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, that the business is conducted by a licensed clinical social worker corporation.
(Amended by Stats. 2021, Ch. 647, Sec. 59. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 5 - Licensed Clinical Social Workers Corporations › Section 4998.3.

4998.3. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a licensed clinical social worker corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act.
(Added by renumbering Section 4998.4 by Stats. 1999, Ch. 657, Sec. 21. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 5 - Licensed Clinical Social Workers Corporations › Section 4998.4.

4998.4. The income of a licensed clinical social worker corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), shall not in any manner accrue to the benefit of that shareholder or his or her shares in the licensed clinical social workers corporation.
(Added by renumbering Section 4998.5 by Stats. 1999, Ch. 657, Sec. 22. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 14 - Social Workers › ARTICLE 5 - Licensed Clinical Social Workers Corporations › Section 4998.5.

4998.5. A licensed clinical social worker corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule, or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by those statutes, rules, and regulations to the same extent as a person holding a license as a licensed clinical social worker.
(Amended by Stats. 2000, Ch. 135, Sec. 7. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 15 - Telephone Medical Advice Services › Section 4999.

4999. “Telephone medical advice service” means any business entity that employs, or contracts or subcontracts, directly or indirectly, with, the full-time equivalent of five or more persons functioning as health care professionals, whose primary function is to provide telephone medical advice, that provides telephone medical advice services to a patient at a California address. “Telephone medical advice service” does not include a medical group that operates in multiple locations in California if no more than five full-time equivalent persons at any one location perform telephone medical advice services and those persons limit the telephone medical advice services to patients being treated at that location.
(Amended by Stats. 2016, Ch. 799, Sec. 28. (SB 1039) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 15 - Telephone Medical Advice Services › Section 4999.2.

4999.2. A telephone medical advice service shall be responsible for complying with the following requirements:
(a) (1) Ensuring that all health care professionals 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, dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions pursuant to Chapter 4 (commencing with Section 1600), as an occupational therapist pursuant to Chapter 5.6 (commencing with Section 2570), as a registered nurse pursuant to Chapter 6 (commencing with Section 2700), as a psychologist pursuant to Chapter 6.6 (commencing with Section 2900), as a naturopathic doctor pursuant to Chapter 8.2 (commencing with Section 3610), as a marriage and family therapist pursuant to Chapter 13 (commencing with Section 4980), as a licensed clinical social worker pursuant to Chapter 14 (commencing with Section 4991), as a licensed professional clinical counselor pursuant to Chapter 16 (commencing with Section 4999.10), as an optometrist pursuant to Chapter 7 (commencing with Section 3000), or 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 subdivision (b).
(2) Ensuring that all health care professionals who provide telephone medical advice services from an out-of-state location, as identified in paragraph (1), are licensed, registered, or certified in the state within which they are providing the telephone medical advice services and are operating consistent with the laws governing their respective licenses and scopes of practice.
(b) Ensuring that the telephone medical advice provided is consistent with good professional practice.
(c) Maintaining records of telephone medical advice services, including records of complaints, provided to patients in California for a period of at least five years.
(d) Ensuring that no staff member uses a title or designation when speaking to an enrollee, subscriber, or consumer that may cause a reasonable person to believe that the staff member is a licensed, certified, or registered health care professional described in paragraph (1) of subdivision (a), unless the staff member is a licensed, certified, or registered professional.
(e) Complying with all directions and requests for information made by the Department of Consumer Affairs and respective healing arts licensing boards.
(Amended by Stats. 2022, Ch. 684, Sec. 1. (AB 1102) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 15 - Telephone Medical Advice Services › Section 4999.5.

4999.5. The respective healing arts licensing boards shall be responsible for enforcing this chapter and any other laws and regulations affecting California licensed health care professionals providing telephone medical advice services.
(Repealed and added by Stats. 2016, Ch. 799, Sec. 34. (SB 1039) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 15 - Telephone Medical Advice Services › Section 4999.7.

4999.7. (a) This section does not limit, preclude, or otherwise interfere with the practices of other persons licensed or otherwise authorized to practice, under any other provision of this division, telephone medical advice services consistent with the laws governing their respective scopes of practice, or licensed under the Osteopathic Initiative Act or the Chiropractic Initiative Act and operating consistent with the laws governing their respective scopes of practice.
(b) For purposes of this chapter, “telephone medical advice” means a telephonic communication between a patient and a health care professional in which the health care professional’s primary function is to provide to the patient a telephonic response to the patient’s questions regarding his or her or a family member’s medical care or treatment. “Telephone medical advice” includes assessment, evaluation, or advice provided to patients or their family members.
(c) For purposes of this chapter, “health care professional” is an employee or independent contractor described in Section 4999.2 who provides medical advice services and is appropriately licensed, certified, or registered as a dentist, dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions pursuant to Chapter 4 (commencing with Section 1600), as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act, as a registered nurse pursuant to Chapter 6 (commencing with Section 2700), as a psychologist pursuant to Chapter 6.6 (commencing with Section 2900), as a naturopathic doctor pursuant to Chapter 8.2 (commencing with Section 3610), as an optometrist pursuant to Chapter 7 (commencing with Section 3000), as a marriage and family therapist pursuant to Chapter 13 (commencing with Section 4980), as a licensed clinical social worker pursuant to Chapter 14 (commencing with Section 4991), as a licensed professional clinical counselor pursuant to Chapter 16 (commencing with Section 4999.10), or as a chiropractor pursuant to the Chiropractic Initiative Act, and who is operating consistent with the laws governing his or her respective scopes of practice in the state in which he or she provides telephone medical advice services.
(Amended by Stats. 2015, Ch. 426, Sec. 52. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 1 - Administration › Section 4999.10.

4999.10. This chapter constitutes, and may be cited as, the Licensed Professional Clinical Counselor Act.
(Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 1 - Administration › Section 4999.11.

4999.11. In enacting this chapter, the Legislature recognizes that licensed professional clinical counselors practice a separate and distinct profession from the professions practiced by licensed marriage and family therapists and licensed clinical social workers. As such, the Legislature recognizes the need to appropriately test licensed marriage and family therapists and licensed clinical social workers seeking to become licensed professional clinical counselors on the difference in practice between the professions.
(Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 1 - Administration › Section 4999.12.5.

4999.12.5. (a) (1) The title “professional clinical counselor intern” or “professional clinical counselor registered intern” is hereby renamed “associate professional clinical counselor” or “registered associate professional clinical counselor,” respectively. Any reference in any statute or regulation to a “professional clinical counselor intern” or “professional clinical counselor registered intern” shall be deemed a reference to an “associate professional clinical counselor” or “registered associate professional clinical counselor.”
(2) Any reference in this chapter to the term “intern” means “associate.”
(b) Nothing in this section shall be construed to expand or constrict the scope of practice of a person licensed or registered pursuant to this chapter.
(Amended by Stats. 2017, Ch. 573, Sec. 15. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 1 - Administration › Section 4999.13.

4999.13. A person engages in the practice of professional clinical counseling when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations.
(Added by Stats. 2011, Ch. 148, Sec. 4. (SB 274) Effective August 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 1 - Administration › Section 4999.14.

4999.14. The board shall do all of the following:
(a) Communicate information about its activities, the requirements and qualifications for licensure, and the practice of professional clinical counseling to the relevant educational institutions, supervisors, professional associations, applicants, clinical counselor trainees, associates, and the public.
(b) Develop policies and procedures to assist educational institutions in meeting the educational qualifications of Sections 4999.32 and 4999.33.
(Amended by Stats. 2018, Ch. 703, Sec. 38. (SB 1491) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 2 - Scope of Practice › Section 4999.20.

4999.20. (a) (1) “Professional clinical counseling” means the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the coursework and training required by Sections 4999.32 and 4999.33. “Professional clinical counseling” includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions.
(2) “Professional clinical counseling” is focused exclusively on the application of counseling interventions and psychotherapeutic techniques for the purposes of improving mental health, and is not intended to capture other, nonclinical forms of counseling for the purposes of licensure. For purposes of this paragraph, “nonclinical” means nonmental health.
(3) “Professional clinical counseling” does not include the provision of clinical social work services.
(b) “Counseling interventions and psychotherapeutic techniques” means the application of cognitive, affective, verbal or nonverbal, systemic or holistic counseling strategies that include principles of development, wellness, and maladjustment that reflect a pluralistic society. These interventions and techniques are specifically implemented in the context of a professional clinical counseling relationship and use a variety of counseling theories and approaches.
(c) “Assessment” means selecting, administering, scoring, and interpreting tests, instruments, and other tools and methods designed to measure an individual’s attitudes, abilities, aptitudes, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral concerns and development and the use of methods and techniques for understanding human behavior in relation to coping with, adapting to, or ameliorating changing life situations, as part of the counseling process. “Assessment” shall not include the use of projective techniques in the assessment of personality, individually administered intelligence tests, neuropsychological testing, or utilization of a battery of three or more tests to determine the presence of psychosis, dementia, amnesia, cognitive impairment, or criminal behavior.
(d) Professional clinical counselors shall refer clients to other licensed health care professionals when they identify issues beyond their own scope of education, training, and experience.
(Amended by Stats. 2021, Ch. 440, Sec. 3. (AB 462) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 2 - Scope of Practice › Section 4999.22.

4999.22. (a) Nothing in this chapter shall prevent qualified persons from doing work of a psychosocial nature consistent with the standards and ethics of their respective professions. However, these qualified persons shall not hold themselves out to the public by any title or description of services incorporating the words “licensed professional clinical counselor” and shall not state that they are licensed to practice professional clinical counseling, unless they are otherwise licensed to provide professional clinical counseling services.
(b) Nothing in this chapter shall be construed to constrict, limit, or withdraw provisions of the Medical Practice Act, the Clinical Social Worker Practice Act, the Nursing Practice Act, the Psychology Licensing Law, or the Licensed Marriage and Family Therapist Act.
(c) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination who performs counseling services as part of their pastoral or professional duties, or to any person who is admitted to practice law in this state, or who is licensed to practice medicine, who provides counseling services as part of their professional practice.
(d) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable, if both of the following apply:
(1) The work of the employee or volunteer is performed under the oversight and direction of the entity.
(2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services or as soon as practicably possible thereafter, a notice written in at least 12-point type that is in substantially the following form:
NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered practitioner providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).
The Board of Behavioral Sciences receives and responds to complaints regarding services provided by individuals licensed and registered by the board. If you have a complaint and are unsure if your practitioner is licensed or registered, please contact the Board of Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license verification feature by visiting www.bbs.ca.gov.
(B) The delivery of the notice described in subparagraph (A) to the client shall be documented.
(e) Notwithstanding subdivisions (c) and (d), all persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board.
(Amended by Stats. 2021, Ch. 747, Sec. 18.5. (AB 690) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 2 - Scope of Practice › Section 4999.23.

4999.23. (a) Notwithstanding Section 4999.30, a person who holds a license in another jurisdiction of the United States as a professional clinical counselor may provide professional clinical counseling services in this state for a period not to exceed 30 consecutive days in any calendar year, if all of the following conditions are met:
(1) The license from another jurisdiction is at the highest level for independent clinical practice in the jurisdiction in which the license was granted.
(2) The license from another jurisdiction is current, active, and unrestricted.
(3) The client is located in California during the time the person seeks to provide care in California.
(4) The client is a current client of the person and has an established, ongoing client-provider relationship with the person at the time the client became located in California.
(5) The person informs the client of the limited timeframe of the services and that the person is not licensed in California.
(6) The person provides the client with the Board of Behavioral Sciences’ internet website address.
(7) The person informs the client of the jurisdiction in which the person is licensed and the type of license held and provides the client with the person’s license number.
(b) A person who intends to provide professional clinical counseling services pursuant to this section shall provide the board with all of the following information before providing services:
(1) The name under which the person is licensed in another jurisdiction, the person’s mailing address, the person’s phone number, the person’s social security number or individual taxpayer identification number, and the person’s electronic mailing address, if the person has an electronic mailing address.
(2) The jurisdiction in which the person is licensed, the type of license held, and the license number.
(3) The date on which the person will begin providing professional clinical counseling services to the person’s client in California.
(c) A person who provides services pursuant to this section is deemed to have agreed to practicing under the jurisdiction of the board and to be bound by the laws of this state.
(d) This section does not apply to any person licensed by the board whose license has been suspended or revoked.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Added by Stats. 2023, Ch. 640, Sec. 7. (AB 232) Effective January 1, 2024. Repealed as of January 1, 2026, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 2 - Scope of Practice › Section 4999.25.

4999.25. The settings described in Section 4999.22 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 4999.22, and with the following exceptions:
(a) Any individual working or volunteering in an exempt setting who is licensed or registered under this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered an exempt setting unless it directly meets the criteria described in Section 4999.22.
(Added by Stats. 2021, Ch. 747, Sec. 20. (AB 690) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 2 - Scope of Practice › Section 4999.26.

4999.26. (a) For the purposes of this chapter, the following definitions apply:
(1) “Nonexempt setting” means a setting that does not qualify as an exempt setting, as specified in Section 4999.22.
(2) “Private practice” means a type of nonexempt setting that meets all of the following criteria:
(A) The practice is owned by a health professional who is licensed under this division, either independently or jointly with one or more other health professionals who are licensed under this division.
(B) The practice provides clinical mental health services, including psychotherapy, to clients.
(C) One or more licensed health professionals are responsible for the practice and for the services provided and set conditions of client payment or reimbursement for the provision of services.
(3) “Professional corporation” means a type of nonexempt setting and private practice that has been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code.
(b) An active license or registration number shall be required to engage in the practice of professional clinical counseling, as defined in Section 4999.20, in nonexempt settings at all times, except as follows:
(1) A trainee may engage in the practice of professional clinical counseling in a nonexempt setting that is not a private practice or a professional corporation while they are gaining supervised experience that meets the requirements of this chapter under the jurisdiction and supervision of their school as specified in Section 4999.36.
(2) An applicant for registration as an associate may engage in the practice of professional clinical counseling in a nonexempt setting that is not a private practice or a professional corporation before the registration number is issued if they are in compliance with subdivision (b) of Section 4999.46 and are gaining supervised experience that meets the requirements of this chapter.
(Added by Stats. 2021, Ch. 747, Sec. 21. (AB 690) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 2 - Scope of Practice › Section 4999.27.

4999.27. (a) Nothing in this chapter shall restrict or prevent activities of a psychotherapeutic or counseling nature on the part of persons employed by accredited or state-approved academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a degree that qualifies for professional clinical counselor licensure at an accredited or state-approved college or university, provided that these activities and services constitute a part of a supervised course of study and that those persons are designated by a title such as “clinical counselor trainee” or other title clearly indicating the training status appropriate to the level of training.
(b) Notwithstanding subdivision (a), a graduate student shall not perform professional clinical counseling in a private practice or a professional corporation.
(Added by renumbering Section 4999.24 by Stats. 2021, Ch. 747, Sec. 19. (AB 690) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.30.

4999.30. Except as otherwise provided in this chapter, a person shall not practice or advertise the performance of professional clinical counseling services without a license issued by the board, and shall pay the license fee required by this chapter.
(Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.36.

4999.36. (a) A clinical counselor trainee may perform activities and services provided that the activities and services constitute part of the clinical counselor trainee’s supervised course of study and that the person is designated by the title “clinical counselor trainee.”
(b) All practicum and field study hours gained as a clinical counselor trainee shall be coordinated between the school and the site where hours are being accrued. The school shall approve each site and shall have a written agreement with each site that details each party’s responsibilities, including the methods by which supervision shall be provided. The agreement shall provide for regular progress reports and evaluations of the student’s performance at the site.
(c) If an applicant has gained practicum and field study hours while enrolled in an institution other than the one that confers the qualifying degree, it shall be the applicant’s responsibility to provide to the board satisfactory evidence that those practicum and field study hours were gained in compliance with this section.
(d) A clinical counselor trainee shall inform each client or patient, prior to performing any professional services, that he or she is unlicensed and under supervision.
(e) No hours earned while a clinical counselor trainee may count toward the 3,000 hours of required postdegree supervised experience.
(Amended by Stats. 2018, Ch. 743, Sec. 38. (AB 93) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.40.

4999.40. (a) Each educational institution preparing applicants to qualify for licensure shall notify each of its students by means of its public documents or otherwise in writing that its degree program is designed to meet the requirements of Section 4999.32 or 4999.33 and shall certify to the board that it has so notified its students.
(b) An applicant for registration or licensure shall submit to the board a certification by the applicant’s educational institution that the institution’s required curriculum for graduation and any associated coursework completed by the applicant does one of the following:
(1) Meets all of the requirements set forth in Section 4999.32.
(2) Meets all of the requirements set forth in Section 4999.33.
(c) An applicant trained at an educational institution outside the United States shall demonstrate to the satisfaction of the board that he or she possesses a qualifying degree that is equivalent to a degree earned from an institution of higher education that is accredited or approved. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services and shall provide any other documentation the board deems necessary.
(Amended by Stats. 2016, Ch. 489, Sec. 42. (SB 1478) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.42.

4999.42. (a) An applicant shall meet all of the following qualifications to qualify for registration as an associate:
(1) Earned a master’s or doctoral degree as specified in Section 4999.32 or 4999.33, as applicable. An applicant whose education qualifies the applicant under Section 4999.32 shall also have completed the coursework or training specified in subdivision (e) of Section 4999.32.
(2) Be at least 18 years of age.
(3) Not be subject to denial of licensure pursuant to Section 480.
(b) (1) The board shall not issue a registration to any person who has been convicted of a crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.
(2) A denial issued pursuant to this subdivision shall comply with the conditions for denial specified in Section 480.
(Amended by Stats. 2021, Ch. 647, Sec. 63. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.46.

4999.46. (a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of supervised experience.
(b) (1) Postdegree hours of experience gained before the issuance of an associate registration shall be credited toward licensure if all of the following apply:
(A) The registration applicant applies for the associate registration and the board receives the application within 90 days of the granting of the qualifying master’s degree or doctoral degree.
(B) For applicants completing graduate study on or after January 1, 2020, the experience is obtained at a workplace that, prior to the registration applicant gaining supervised experience hours, requires completed Live Scan fingerprinting. The applicant shall provide the board with a copy of that completed State of California “Request for Live Scan Service” form with their application for licensure.
(C) The board subsequently grants the associate registration.
(2) The applicant shall not be employed or volunteer in a private practice or a professional corporation until they have been issued an associate registration by the board.
(c) Supervised experience that is obtained for the purposes of qualifying for licensure shall be related to the practice of professional clinical counseling and comply with the following:
(1) A minimum of 3,000 postdegree hours performed over a period of not less than two years (104 weeks).
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,750 hours of direct clinical counseling with individuals, groups, couples, or families using a variety of psychotherapeutic techniques and recognized counseling interventions.
(4) A maximum of 1,250 hours of nonclinical practice, consisting of direct supervisor contact, administering and evaluating psychological tests, writing clinical reports, writing progress or process notes, client-centered advocacy, and workshops, seminars, training sessions, or conferences directly related to professional clinical counseling that have been approved by the applicant’s supervisor.
(5) A maximum of 1,200 hours gained under the supervision of a licensed educational psychologist providing educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(d) An individual who submits an application for licensure between January 1, 2016, and December 31, 2020, may alternatively qualify under the experience requirements of this section that were in place on January 1, 2015.
(e) Experience hours shall not have been gained more than six years prior to the date the application for licensure was received by the board.
(Amended by Stats. 2021, Ch. 747, Sec. 22. (AB 690) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.46.1.

4999.46.1. (a) An associate or applicant for licensure shall be under the supervision of a supervisor at all times.
(b) An associate shall do both of the following:
(1) Inform each client, before performing any professional services, that the associate is unlicensed and under supervision.
(2) Renew the registration a maximum of five times. A registration shall not be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked.
(c) When no further renewals are possible, an applicant may apply for and obtain a subsequent associate registration number if the applicant meets the educational requirements for a subsequent associate registration number and has passed the California law and ethics examination. An applicant issued a subsequent associate registration number shall not be employed or volunteer in a private practice.
(Amended by Stats. 2021, Ch. 647, Sec. 64. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.46.4.

4999.46.4. (a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted.
(b) An associate who is employed by or volunteering in a private practice or a professional corporation shall be supervised by an individual who is both of the following:
(1) Is employed by or contracted by the associate’s employer or is an owner of the private practice or professional corporation.
(2) Either provides psychotherapeutic services to clients for the associate’s employer, or meets both of the following:
(A) The supervisor and the associate’s employer have a written contract providing the supervisor the same access to the associate’s clinical records provided to employees of that employer.
(B) The associate’s clients authorize the release of their clinical records to the supervisor.
(c) Supervisors of supervisees in a nonexempt setting shall not serve as individual or triadic supervisors for more than six supervisees at any time. Supervisees may be registered as associate marriage and family therapists, associate professional clinical counselors, associate clinical social workers, or any combination of these registrations.
(d) A written oversight agreement, as specified by the board by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be gaining experience to determine that the site or sites comply with the requirements of this chapter.
(Amended by Stats. 2021, Ch. 747, Sec. 25. (AB 690) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.46.5.

4999.46.5. The board may audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A supervisor shall maintain records of completion of the required supervisor qualifications for seven years after termination of supervision and shall make these records available to the board for auditing purposes upon request.
(Added by Stats. 2018, Ch. 743, Sec. 48. (AB 93) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.48.

4999.48. The board shall adopt regulations regarding the supervision of associates that may include, but not be limited to, the following:
(a) Supervisor qualifications.
(b) Continuing education requirements of supervisors.
(c) Registration or licensing of supervisors, or both.
(d) General responsibilities of supervisors.
(e) The board’s authority in cases of noncompliance or gross or repeated negligence by supervisors.
(Amended by Stats. 2018, Ch. 703, Sec. 41. (SB 1491) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.50.

4999.50. (a) The board may issue a professional clinical counselor license to any person who meets all of the following requirements:
(1) He or she has received a master’s or doctoral degree described in Section 4999.32 or 4999.33, as applicable.
(2) He or she has completed at least 3,000 hours of supervised experience in the practice of professional clinical counseling.
(3) He or she provides evidence of a passing score, as determined by the board, on the examinations designated in Section 4999.53.
(b) An applicant for licensure who has satisfied the requirements of this chapter shall be issued a license as a professional clinical counselor.
(Amended by Stats. 2018, Ch. 743, Sec. 50. (AB 93) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.51.

4999.51. An applicant for licensure as a professional clinical counselor or registration as an associate shall satisfy the following qualifications:
(a) Not be subject to denial of licensure pursuant to Section 480.
(b) (1) Not have been convicted of a crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.
(2) A denial issued pursuant to this subdivision shall comply with the conditions for denial specified in Section 480.
(c) Have successfully passed a state and federal level criminal offender record information search conducted through the Department of Justice by submitting fingerprint images and other information to the Department of Justice for the purpose of obtaining records of state and federal convictions and arrests. The board shall request the subsequent arrest notification service on all applicants, pursuant to Section 11105.2 of the Penal Code.
(Amended by Stats. 2021, Ch. 647, Sec. 65. (SB 801) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 16 - Licensed Professional Clinical Counselors › ARTICLE 3 - Licensure › Section 4999.53.

4999.53. (a) Effective January 1, 2016, a registrant or an applicant for licensure as a professional clinical counselor shall pass the following examinations as prescribed by the board:
(1) A California law and ethics examination.
(2) A clinical examination administered by the board, or the National Clinical Mental Health Counselor Examination if the board finds that this examination meets the prevailing standards for validation and use of the licensing and certification tests in California.
(b) Upon registration with the board, an associate professional clinical counselor shall, within the first year of registration, take an examination on California law and ethics.
(c) A registrant or an applicant for licensure may take the clinical examination or the National Clinical Mental Health Counselor Examination, as established by the board through regulation, only upon meeting all of the following requirements:
(1) Completion of all required supervised work experience.
(2) Completion of all education requirements.
(3) Passage of the California law and ethics examination.
(d) This section shall become operative on January 1, 2016.
(Amended by Stats. 2017, Ch. 573, Sec. 19. (SB 800) Effective January 1, 2018.)