reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 5 - Licensed Educational Psychologists › Section 1858 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Section
				  4989.54 of the code,
				  unprofessional conduct includes, but is not limited to:
(a) Impersonates a licensee or allows another
				person to use his or her license.
(b) Permits a person under his or her
				supervision or control to perform or permits such person to hold himself or
				herself out as competent to perform professional services beyond the level of
				education, training and/or experience of that person.
(c) Failure to provide to the board, as
				authorized by law, copies of records within 15 days of receipt of the request
				or within the time specified in the request, whichever is later, unless the
				licensee or registrant is unable to provide the records within this time period
				for good cause. Good cause includes, but is not limited to, physical inability
				to access the records in the time allowed due to illness or travel, or
				inability to obtain the necessary patient release authorization, if applicable.
				This subsection shall not apply to a licensee or registrant who does not have
				access to, and control over, medical records.
(d) Failure to cooperate and participate in
				any board investigation pending against the licensee or registrant. This
				subsection shall not be construed to deprive a licensee, registrant, or a
				consumer of any rights or privilege guaranteed by the Fifth Amendment to the
				Constitution of the United States, or any other constitutional or statutory
				rights or privileges. This subsection shall not be construed to require a
				licensee or registrant to cooperate with a request that would require the
				licensee, registrant, or a consumer to waive any constitutional or statutory
				rights or privilege or to comply with a request for information or other
				matters within an unreasonable period of time in light of the time constraints
				of the licensee's or registrant's practice. Any exercise by a licensee or
				registrant of any constitutional or statutory rights or privilege shall not be
				used against the licensee or registrant in a regulatory or disciplinary
				proceeding against the licensee or registrant.
(e) Failure to report to the board within 30
				days any of the following:
(1) A conviction of
				any felony or misdemeanor, which is not subject to Health & Safety Code
				sections 11357 (b), (c), (d),
				(e), or
				11360 (b). A
				conviction includes any verdict of guilty, or plea of guilty or no
				contest.
(2) Any disciplinary
				action taken by another licensing entity or authority of this state or of
				another state or an agency of the federal government or the United States
				military.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 5 - Licensed Educational Psychologists › Section 1863 - Application and Renewal Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 6-13-74; effective thirtieth day thereafter (Register 74, No.
				  24).
2. Repealer filed 1-26-77; effective thirtieth day thereafter
				  (Register 77, No. 5).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 5 - Licensed Educational Psychologists › Section 1869 - Supervised Experience: Required Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a written oversight agreement is
				required by section
				4996.23.3 of the Code, the
				agreement shall contain the following provisions and shall be executed as
				described below.
(1) The written oversight
				agreement shall be executed and signed prior to the commencement of
				supervision.
(2) The agreement
				shall contain a statement from the supervisor agreeing to ensure that the
				extent, kind, and quality of counseling performed by the supervisee is
				consistent with the supervisee's training, education, and experience, and is
				appropriate in extent, kind, and quality.
(3) The agreement shall contain an
				acknowledgment by the supervisee's employer that the employer:
(A) Is aware of the licensing requirements
				that must be met by the supervisee and that the employer agrees not to
				interfere with the supervisor's legal and ethical obligations to ensure
				compliance with those requirements;
(B) Agrees to provide the supervisor access
				to clinical records of the clients counseled by the supervisee; and
(C) Is aware that the supervisor will be
				providing clinical guidance and direction to the supervisee in order to ensure
				compliance with the standards of practice of the profession, which include
				legal requirements and professional codes of ethics, and agrees not to
				interfere with this process.
(4) The supervisor shall provide the signed
				agreement to the supervisee upon completion or termination of supervision. The
				supervisee shall submit the agreement to the board upon application for
				licensure.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 5 - Licensed Educational Psychologists › Section 1869.3 - Placement by Temporary Staffing Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A "temporary staffing agency" is defined
				as an agency that locates positions for individuals seeking temporary work and
				fills vacancies for agencies seeking individuals to perform work on a temporary
				basis.
(b) A "contracting agency"
				is defined as an agency where a supervisee has been placed by a temporary
				staffing agency.
(c) The following
				provisions apply to a supervisee who has been placed by a temporary staffing
				agency:
(1) The supervisee shall only perform
				mental health and related services at the places where the contracting agency
				permits business to be conducted.
(2) The written oversight agreement required
				by section
				1869 shall be between the
				contracting agency and the supervisor when the supervisor is not an employee of
				the contracting agency or is a volunteer. In cases where the supervisor is an
				employee of the contracting agency, no written agreement shall be
				required.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1870.1 - Supervisory Plan. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-23-98 as an emergency; operative 1-1-99 (Register 98, No. 52). A
				  Certificate of Compliance must be transmitted to OAL by 5-3-99 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Editorial correction moving section
				  1870.1 from article 5 to article 6
				  (Register 99, No. 4).
3. Certificate of Compliance as to 12-23-98
				  order, including amendment of subsection (a) and NOTE, transmitted to OAL
				  4-6-99 and filed 5-11-99 (Register 99, No. 20).
4. Change without
				  regulatory effect amending section and amending "Supervisory Plan" form
				  (incorporated by reference) filed 10-20-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 42).
5. Change without regulatory
				  effect amending subsection (a) and "Supervisory Plan" form (incorporated by
				  reference) filed 2-21-2006 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2006, No. 8).
6. Amendment of subsection (a)
				  and NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
7. Change without regulatory effect
				  amending subsection (a) and NOTE filed 7-17-2019 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2019, No. 29).
8. Repealer filed 9-27-2021;
				  operative 1-1-2022 (Register 2021, No. 40). Transmission deadline specified in
				  Government Code section
				  11346.4(b)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
				  in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Section
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 4996.18,
					 4996.20
					 and
					 4996.23,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1870.3 - Substitute Supervisors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				When it becomes necessary for a supervisee to obtain supervision temporarily
				from a substitute supervisor, the substitute supervisor shall meet all
				supervisor qualifications required by the Code and in this article.
(b) The substitute supervisor and the
				supervisee shall sign the supervision agreement required by section
				1869, the substitute supervisor
				and supervisee's employer shall sign a written oversight agreement if required
				by section
				1869, and the substitute
				supervisor shall sign the weekly log specified in section
				1869.
(c) If the substitute supervisor will be
				supervising for 30 consecutive calendar days or less:
(1) A new supervisory plan as specified in
				section 1869(c)(3)(F) is
				not required. The substitute supervisor shall follow the supervisee's
				pre-existing supervisory plan.
(2)
				The experience gained during this period may be verified as specified in
				section 1869(e) by the
				regular supervisor.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1870.5 - Supervision of Experience Gained Outside of California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Experience gained outside of California
				must have been supervised in accordance with the following criteria:
(1) At the time of supervision, the
				supervisor was licensed or certified by the state or jurisdiction in which the
				supervision occurred, and possessed a current and active license or
				certification that was not under suspension or probation.
(2) The supervisor must have been licensed or
				certified by that state or jurisdiction for at least two (2) of the past five
				(5) years immediately prior to acting as a supervisor, as either a
				psychologist, clinical social worker, physician certified in psychiatry by the
				American Board of Psychiatry and Neurology, professional clinical counselor,
				marriage and family therapist or similarly titled marriage and family
				practitioner, or other equivalent license or certification that allows the
				practitioner to independently provide clinical mental health
				services.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1871 - Supervisor Training and Coursework

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Persons licensed by the board who provide supervision shall
				  complete, at a minimum, supervision training or coursework as follows:
(a) Except as provided in subsection (d),
				licensees who commence supervision for the first time in California shall
				obtain fifteen (15) hours in supervision training or coursework obtained from a
				government agency or from a continuing education provider specified as
				acceptable by the board in Article 8. If taken from an acceptable continuing
				education provider, the training or coursework may apply towards the continuing
				education requirements set forth in sections
				4980.54,
				4989.34,
				4996.22, and
				4999.76 of the Code.
(1) The training or coursework content shall
				include, but not be limited to, current best practices and current industry
				standards, which include legal requirements, professional codes of ethics, and
				research focused on supervision regarding the following:
(A) Competencies necessary for new
				supervisors;
(B) Goal setting and
				evaluation;
(C) The
				supervisor-supervisee relationship;
(D) California law and ethics, including
				legal and ethical issues related to supervision;
(E) Cultural variables, including, but not
				limited to, race, gender, social class, and religious beliefs;
(F) Contextual variables, such as treatment
				modality, work settings, and use of technology;
(G) Supervision theories and literature;
				and
(H) Documentation and record
				keeping of the supervisee's client files, as well as documentation of
				supervision.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1873 - Experience. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  6 (Sections
				  1873,
				  1876 and
				  1880) filed 1-10-73; effective
				  thirtieth day thereafter (Register 73, No. 2).
2. New subsection (c)
				  filed 7-6-73; effective thirtieth day thereafter (Register 73, No.
				  27).
3. Amendment filed 1-26-77; effective thirtieth day thereafter
				  (Register 77, No. 5).
4. Amendment filed 9-15-83; effective
				  thirtieth day thereafter (Register 83, No. 38).
5. Change without
				  regulatory effect of NOTE (Register 86, No. 41).
6. Amendment of
				  subsections (a) and (b), and renumbering and amendment of former Section
				  1876 to Section
				  1873(c) filed
				  12-18-89; operative 12-18-89 pursuant to Government Code Section
				  11346.2(d)
				  (Register 89, No. 51).
7. Change without regulatory effect repealing
				  section filed 3-22-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 12).
Note: Authority cited: Section
					 4990.14,
					 Business and Professions Code. Reference: Sections
					 4992.1
					 and
					 4996.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1874 - Definition of Acceptable Mental Health Professionals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-18-89; operative 12-18-89 pursuant to Government Code Section
				  11346.2(d)
				  (Register 89, No. 51).
2. Change without regulatory effect amending
				  section and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
3. Change without regulatory
				  effect amending section filed 4-25-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 17).
4. Change without regulatory
				  effect amending section filed 10-20-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 42).
5. Amendment of section and
				  NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section
				  11343.4
				  (Register 2011, No. 21).
6. Change without regulatory effect
				  amending section filed 8-29-2018 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2018, No. 35).
7. Change without regulatory
				  effect repealing section filed 7-17-2019 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2019, No. 29).
Note: Authority cited: Section
					 4990.20,
					 Business and Professions Code. Reference: Section
					 4996.23,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1876 - Professional Supervision or Consultation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  and new section filed 8-20-76; effective thirtieth day thereafter (Register 76,
				  No. 34). For prior history, see Register 74, No. 12.
2. Amendment
				  filed 9-15-83; effective thirtieth day thereafter (Register 83, No.
				  38).
3. Change without regulatory effect of NOTE (Register 86, No.
				  41).
4. Renumbering and; amendment of former Section
				  1876 to Section
				  1873(c) filed
				  12-18-89; operative 12-18-89 pursuant to Government Code Section
				  11346.2(d)
				  (Register 89, No. 51).
Note: Authority cited: Section
					 4990.14,
					 Business and Professions Code. Reference: Sections
					 4992.1
					 and
					 4996.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1877 - Examinations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-6-73; effective thirtieth day thereafter (Register 73, No.
				  27.)
2. Amendment filed 8-20-76; effective thirtieth day thereafter
				  (Register 76, No. 34).
3. Amendment filed 9-15-83; effective
				  thirtieth day thereafter (Register 83, No. 38).
4. Change without
				  regulatory effect of NOTE (Register 86, No. 41).
5. Amendment filed
				  3-3-2004 as an emergency; operative 3-3-2004 (Register 2004, No. 10). A
				  Certificate of Compliance must be transmitted to OAL by 7-1-2004 or emergency
				  language will be repealed by operation of law on the following
				  day.
6. Certificate of Compliance as to 3-3-2004 order transmitted
				  to OAL 6-18-2004 and filed 7-22-2004 (Register 2004, No. 30).
7.
				  Amendment of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government
				  Code section
				  11343.4
				  (Register 2011, No. 21).
8. New subsection (c) filed 12-30-2015;
				  operative 1-1-2016 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2016, No. 1).
9. Change without regulatory effect
				  repealing section filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Section
					 4990.20,
					 Business and Professions Code. Reference: Section
					 4992.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1877.1 - Required Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The written examinations shall test for minimum acceptable competency to
				practice clinical social work without causing harm to the public health, safety
				or welfare, and shall consist of the following:
(1) A California law and ethics examination
				designed to assess the applicant's knowledge of and ability to apply legal and
				ethical standards relating to the practice of clinical social work.
(2) A clinical examination designed to assess
				an applicant's knowledge of psychosocial principles and methods in treatment
				and their application, and the ability to make judgments about appropriate
				techniques, methods and objectives as applicable to the clinical social worker
				scope of practice.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1877.2 - Eligibility for Law and Ethics Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any other provision of law, eligibility to
				  take the California law and ethics examination requires an applicant to, at
				  minimum, meet one of the following:
(a) The applicant holds a current, delinquent
				or cancelled associate registration, submits a request and pays the fee to take
				the examination.
(1) When a registrant who
				holds a current or delinquent registration takes the examination and does not
				pass during his or her one-year renewal cycle, the registrant shall complete a
				12-hour course on California law and ethics as specified in section
				4992.09(e) of the
				Code, in order to be eligible to take the examination during the next renewal
				cycle.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1877.3 - Time Frames - Law and Ethics Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for licensure shall take the
				California law and ethics examination during the following time frames in
				accordance with section
				1806:
(1) Within one year from the date the
				applicant was notified of initial eligibility to take the
				examination.
(2) Within one year
				from the date the applicant was notified of failing the
				examination.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1878 - Human Sexuality Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-5-78; effective thirtieth day thereafter (Register 78, No.
				  40).
2. Repealer filed 9-15-83; effective thirtieth day thereafter
				  (Register 83, No. 38).
Note: Authority cited: Sections
					 25,
					 9012
					 and
					 17806,
					 Business and Professions Code. Reference: Sections
					 25,
					 9042
					 and
					 17804,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1878.1 - Human Sexuality Training Required for Licensees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-5-78; effective thirtieth day thereafter (Register 78, No.
				  40).
2. Repealer filed 9-15-83; effective thirtieth day thereafter
				  (Register 83, No. 38).
Note: Authority cited: Sections
					 25,
					 9012
					 and
					 17806,
					 Business and Professions Code. Reference: Sections
					 25,
					 9042
					 and
					 17804,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1878.2 - Renewal Dependent upon Training Documentation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-5-78; effective thirtieth day thereafter (Register 78, No.
				  40).
2. Repealer filed 9-15-83; effective thirtieth day thereafter
				  (Register 83, No. 38).
Note: Authority cited: Sections
					 25,
					 9012
					 and
					 17806,
					 Business and Professions Code. Reference: Sections
					 25,
					 9042
					 and
					 17804,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1880 - Unlicensed Assistants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An unlicensed person employed under Section
				  4996.15 of the Code to perform
				  limited social work functions shall inform each patient or client prior to
				  performing any such functions that he or she is not a licensed clinical social
				  worker and is under the supervision of a licensed clinical social worker,
				  marriage and family therapist, licensed professional clinical counselor, or a
				  licensed psychologist or a licensed psychologist or a licensed psychiatrist,
				  whichever is applicable.
1. Repealer of
				  subsection (b) filed 7-6-73; effective thirtieth day thereafter (Register 73,
				  No. 27).
2. Amendment filed 8-20-76; effective thirtieth day
				  thereafter (Register 76, No. 34).
3. Amendment filed 9-15-83;
				  effective thirtieth day thereafter (Register 83, No. 38).
4. Change
				  without regulatory effect (Register 86, No. 41).
5. Change without
				  regulatory effect amending section and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
6. Amendment of section and NOTE
				  filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section
				  11343.4
				  (Register 2011, No. 21).
Note: Authority cited: Section
					 4990.20,
					 Business and Professions Code. Reference: Section
					 4996.15,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1880.1 - Notification of Employment and Termination of an Apprentice Clinical Social Worker. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-24-80; effective thirtieth day thereafter (Register 80, No.
				  4).
2. Amendment filed 9-15-83; effective thirtieth day thereafter
				  (Register 83, No. 38).
3. Change without regulatory effect of NOTE
				  (Register 86, No. 41).
4. Change without regulatory effect repealing
				  section filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
Note: Authority cited: Section
					 4990.14,
					 Business and Professions Code. Reference: Section
					 4996.17,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6.5 - Licensed Clinical Social Workers Corporations [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				6.5 (Sections
				1885,
				1885.1-1885.8) filed 7-6-73;
				effective thirtieth day thereafter (Register 73, No. 27).
2.
				Amendment filed 8-20-76; effective thirtieth day thereafter (Register 76, No.
				34).
3. Repealer of Article 6.5 (Sections
				1885-1885.8) filed 9-15-83;
				effective thirtieth day thereafter (Register 83, No. 38). For prior history,
				see Register 77, No. 5.
Note: Additional authority cited: Section
				  9077,
				  Business and Professions Code. Reference: Sections
				  9070-
				  9076,
				  Business and Professions Code; Sections
				  13400-
				  13410,
				  Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886 - Authority to Issue Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer of the board is authorized to determine
				  when and against whom a citation will be issued and to issue citations
				  containing orders of abatement and fines for violations by a licensed marriage
				  and family therapist (LMFT), licensed educational psychologist (LEP), licensed
				  clinical social worker (LCSW), licensed professional clinical counselor (LPCC),
				  associate marriage and family therapist, associate clinical social worker, or
				  associate professional clinical counselor of the statutes and regulations
				  enforced by the Board of Behavioral Sciences.
1. New article
				  7 (sections
				  1886-1886.80) and section filed
				  1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Change without
				  regulatory effect amending section filed 4-25-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 17).
3. Amendment of section and
				  NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section
				  11343.4
				  (Register 2011, No. 21).
4. Change without regulatory effect
				  amending section and NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
5. Change without regulatory
				  effect amending section filed 8-29-2018 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2018, No. 35).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.10 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer of the board is authorized to determine
				  when and against whom a citation will be issued and to issue citations
				  containing orders of abatement and fines against persons, as defined in Section
				  302(d) of the
				  Code, who are performing or who have performed services for which a license is
				  required under the statutes and regulations enforced by the Board of Behavioral
				  Sciences. Each citation issued for unlicensed activity shall contain an order
				  of abatement. Where appropriate, the executive officer shall levy a fine for
				  such unlicensed activity in accordance with section
				  1886.40 of these regulations. The
				  provisions of sections
				  1886 through
				  1886.80 shall apply to the
				  issuance of citations for unlicensed activity under this section. The sanction
				  authorized under this section shall be separate from and in addition to any
				  other civil or criminal remedies.
1. New section
				  filed 1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Amendment
				  of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
3. Change without regulatory effect
				  amending section and NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 149
					 and
					 302(d),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.20 - Citation Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A citation shall be issued whenever any fine is levied or any
				  order of abatement is issued. Each citation shall be in writing and shall
				  describe with particularity the nature and facts of each violation, including a
				  reference to the statute(s) or regulation(s) alleged to have been violated. The
				  citation shall inform the cited person of the right to contest the citation.
				  The citation shall be served upon the cited person personally or by certified
				  mail in accordance with the provisions of Section
				  11505(c)
				  of the Government Code.
1. New section
				  filed 1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Amendment
				  of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
3. Change without regulatory effect
				  amending NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.30 - Citation Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing an administrative fine or issuing an order of
				  abatement, the executive officer of the board shall give due consideration to
				  the following factors:
(a) The gravity
				of the violation.
(b) The good or
				bad faith exhibited by the cited person.
(c) The history of previous violations of the
				same or similar nature.
(d)
				Evidence that the violation was or was not willful.
(e) The extent to which the cited person has
				cooperated with the board's investigation.
(f) The extent to which the cited person has
				mitigated or attempted to mitigate any damage or injury caused by the
				violation.
(g) Any other factors as
				justice may require.
1. New section
				  filed 1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Amendment
				  of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
3. Change without regulatory effect
				  amending NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.40 - Amount of Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				purposes of this section, a "citable offense" is defined as any violation of
				the statutes and regulations enforced by the Board of Behavioral Sciences,
				including Chapters 13, 13.5, 14, and 16 of Division Two of the Business and
				Professions Code and Title 16, Division 18, California Code of
				Regulations.
(b) The executive
				officer of the board may assess fines for citable offenses which shall not
				exceed two thousand five hundred dollars ($2,500) for each investigation except
				as otherwise provided in this section. The executive officer shall not impose
				any duplicate fines for the same violation.
(c) The executive officer of the board may
				assess fines for citable offenses which shall not exceed five thousand ($5,000)
				for each investigation if the violation or count includes one or more of the
				following circumstances:
(1) The cited person
				has a history of two or more prior citations for similar violations, except for
				citations withdrawn or dismissed after appeal.
(2) The citation involves multiple violations
				that demonstrate a willful disregard of the statutes or regulations.
(3) The citation is for a violation or
				violations involving a minor, elder or dependent adult, or a person with a
				physical or mental disability as defined in Section
				12926 of
				the Government Code.
(4) The
				citation involves unlicensed practice.
(5) The citation involves an unlawful or
				unauthorized breach of confidentiality.
(6) The citation is for failure to submit
				fingerprints to the Department of Justice as required by the
				Board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.50 - Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A citation shall not be issued in any of the following
				  circumstances:
(a) The violation is of
				such a nature and/or severity that revocation of the license or restrictions on
				the cited person are necessary in order to ensure consumer
				protection.
(b) The cited person
				failed to comply with any requirement of any previous citation, including any
				order of abatement or fine.
1. New section
				  filed 1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Amendment
				  of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
3. Change without regulatory effect
				  amending NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.60 - Compliance with Citation/Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a cited person who has been issued an
				order of abatement is unable to complete the correction within the time set
				forth in the citation because of conditions beyond his or her control after the
				exercise of reasonable diligence, the cited person may request an extension of
				time in which to complete the correction from the executive officer of the
				board. Such a request shall be in writing and shall be made within the time set
				forth for abatement.
(b) If a
				citation is not contested, or if the citation is contested and the cited person
				does not prevail, failure to abate the violation or to pay the assessed fine
				within the time allowed shall constitute a violation and a failure to comply
				with the citation or order of abatement.
(c) Failure to timely comply with an order of
				abatement or pay an assessed fine may result in disciplinary action being taken
				by the board or other appropriate judicial action being taken against the cited
				person.
(d) If a fine is not paid
				after a citation has become final, the fine shall be added to the cited
				person's license or registration renewal fee. A license or registration shall
				not be renewed without payment of the renewal fee and fine.
1. New section
				  filed 1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Amendment
				  of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
3. Change without regulatory effect
				  amending NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code; and Section
					 11505(c),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.80 - Disconnection of Telephone Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this section shall preclude the board from using
				  the provisions of Section
				  149 of the Code in addition to any
				  citation issued to an unlicensed person.
1. New section
				  filed 1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Amendment
				  of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
3. Change without regulatory effect
				  amending NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 8 - Continuing Education Requirements for Marriage and Family Therapists, Licensed Clinical Social Workers, Licensed Educational Psychologists, and Licensed Professional Clinical Counselors › Section 1887 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article:
(a) A continuing education "course" means a
				form of systematic learning at least one hour in length. This may include, but
				is not limited to, academic studies, extension studies, lectures, conferences,
				seminars, workshops, written, audio, or visual instruction or activities,
				including interactive video instruction and activities electronically
				transmitted from another location, that have been verified and approved by the
				continuing education provider.
(b)
				A "provider" means an organization, institution, association, university, or
				other person or entity assuming full responsibility for the course
				offered.
(c) A "renewal period"
				means the two-year period that spans from the first day after the license's
				prior expiration date to the current license expiration date.
(d) An "approval agency" means an
				organization recognized by the board that evaluates and approves providers of
				continuing education, ensures courses offered by its providers meet the board's
				continuing education requirements, and monitors the quality of each approved
				continuing education course.
1. New article
				  8 (sections
				  1887-1887.12) and section filed
				  5-19-97; operative 5-19-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 21).
2. Editorial correction of article heading
				  (Register 98, No. 9).
3. Amendment of subsections (a) and (b) filed
				  1-16-2003; operative 2-1-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 3).
4. Change without regulatory effect amending
				  article heading filed 4-25-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 17).
5. Amendment of article
				  heading, new subsection (d), subsection relettering and amendment of NOTE filed
				  5-24-2011; operative 5-24-2011 pursuant to Government Code section
				  11343.4
				  (Register 2011, No. 21).
6. New section filed 9-16-2014. Adoption of
				  section text operative 1-1-2015; regulatory provisions contained within
				  operative July 1-1-2015 (Register 2014, No. 38).
7. Change without
				  regulatory effect amending section heading filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
8. Amendment of section and
				  NOTE filed 8-8-2022; operative 7-1-2023 (Register 2022, No.
				  32).
Note: Authority cited: Sections
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 4980.54,
					 4989.34,
					 4996.22
					 and
					 4999.76,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 8 - Continuing Education Requirements for Marriage and Family Therapists, Licensed Clinical Social Workers, Licensed Educational Psychologists, and Licensed Professional Clinical Counselors › Section 1887.1 - Continuing Education Requirements and License Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in section
				1887.2,
				a licensee shall certify in writing, when applying for license renewal, by
				signing a statement under penalty of perjury that during the preceding renewal
				period the licensee has completed thirty-six (36) hours of continuing education
				credit as set forth in sections 4980.54, 4989.34, 4996.22, and 4999.76 of the
				Code.
(b) A licensee who falsifies
				or makes a material misrepresentation of fact when applying for license renewal
				or who cannot verify completion of continuing education by producing a record
				of course completion, upon request by the board, is subject to disciplinary
				action under sections 4982(b), 4989.54(b), 4992.3(b), and 4999.90(b) of the
				Code.
(c) Individuals who hold dual
				licensure with the board may apply the same continuing education course to both
				licenses if the subject matter of the course relates to each license's scope of
				practice.
1. New section
				  filed 5-19-97; operative 5-19-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 21).
2. Amendment of section and NOTE filed
				  5-24-2011; operative 5-24-2011 pursuant to Government Code section
				  11343.4
				  (Register 2011, No. 21).
3. Repealer of subsections (c)-(c)(2) filed
				  9-16-2014; operative 1-1-2015 (Register 2014, No. 38).
4. Amendment
				  of section heading, section and NOTE filed 8-8-2022; operative 7-1-2023
				  (Register 2022, No. 32).
Note: Authority cited: Sections
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 4980.54,
					 4982,
					 4989.34,
					 4989.54,
					 4992.3,
					 4996.22,
					 4999.76
					 and
					 4999.90,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 8 - Continuing Education Requirements for Marriage and Family Therapists, Licensed Clinical Social Workers, Licensed Educational Psychologists, and Licensed Professional Clinical Counselors › Section 1887.2 - Temporary Waivers of and Exemptions from Continuing Education Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee is exempt from the continuing
				education requirement if their license is inactive pursuant to sections 4984.8,
				4989.44, 4997, or 4999.112 of the Code, or retired pursuant to section 4984.41,
				4989.45, 4997.1, or 4999.113 of the Code.
(b) A licensee may submit a written request
				for a temporary waiver from the continuing education requirement for the
				licensee's current renewal period, for any of the reasons listed in subsection
				(c) below. The request shall be on a form entitled "Request for Temporary
				Continuing Education (CE) Waiver -- Licensee Application," Form No. 37A-635
				(Revised), hereby incorporated by reference. The request must be submitted to
				the board in writing at least sixty (60) days prior to the license expiration
				date.
(c) The board shall grant a
				temporary waiver of continuing education if the licensee can provide evidence,
				as specified in subsections (d) and (e) below, that one of the following
				occurred:
(1) For at least one year during
				the licensee's current license renewal period, the licensee had a physical or
				mental disability or medical condition that did both of the following:
(A) Substantially limited one or more life
				activities as verified by the documentation required in subsection (d),
				and
(B) Caused the licensee's
				earned income, whether earned as an employee, independent contractor, or while
				self-employed, to drop below the substantial gainful activity amount for
				non-blind individuals during that year, as set forth by the Social Security
				Administration per section 404.1574(b)(2) of the Social Security Act.