BILL NUMBER: AB 2167AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2010 INTRODUCED BY Assembly Member Nava FEBRUARY 18, 2010 An act to amend, repeal, and add Sections 4992.1, 4996.1, 4996.3, 4996.4, and 4996.17 of the Business and Professions Code, relating to clinical social workers. LEGISLATIVE COUNSEL'S DIGEST AB 2167, as amended, Nava. Clinical social workers: examination requirements. Existing law, the Clinical Social Worker Practice Act, provides for the licensure and regulation of social workers by the Board of Behavioral Sciences. Existing law requires the board to issue a license to each applicant meeting specified requirements who successfully passes a board administered standard written or oral examination or both examinations and existing law also provides for a clinical vignette written examination for these applicants. Under existing law, the fee for the standard written examination is $150 and the fee for the clinical vignette written examination is $100. This bill would, on and after January 1, 2014 , if the board makes a specified determination , instead require the board to issue a license to each applicant meeting specified requirements who successfully passes the Association of Social Work Boards Clinical Level Exam administered by the Association of Social Work Boards and a separate California jurisprudence and ethics examination incorporated or developed and administered by the board. The bill would providean unspecified feea maximum $100 fee for the jurisprudence and ethics examination. The bill would also make conforming changes. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4992.1 of the Business and Professions Code is amended to read: 4992.1. (a) Only individuals who have the qualifications prescribed by the board under this chapter are eligible to take the examination. (b) Every applicant who is issued a clinical social worker license shall be examined by the board. (c) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. (d) The board shall not deny any applicant, whose application for licensure is complete, admission to the standard written examination, nor shall the board postpone or delay any applicant's standard written examination or delay informing the candidate of the results of the standard written examination, solely upon the receipt by the board of a complaint alleging acts or conduct that would constitute grounds to deny licensure. (e) If an applicant for examination who has passed the standard written examination is the subject of a complaint or is under board investigation for acts or conduct that, if proven to be true, would constitute grounds for the board to deny licensure, the board shall permit the applicant to take the clinical vignette written examination for licensure, but may withhold the results of the examination or notify the applicant that licensure will not be granted pending completion of the investigation. (f) Notwithstanding Section 135, the board may deny any applicant who has previously failed either the standard written or clinical vignette written examination permission to retake either examination pending completion of the investigation of any complaint against the applicant. Nothing in this section shall prohibit the board from denying an applicant admission to any examination, withholding the results, or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Section 11503 or 11504 of the Government Code, or the applicant has been denied in accordance with subdivision (b) of Section 485. (g) On or after January 1, 2002, no applicant shall be eligible to participate in a clinical vignette written examination if his or her passing score on the standard written examination occurred more than seven years before.(h) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.(h) This section shall become inoperative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative. (i) This section is repealed as of the January 1 following the date that it becomes inoperative. SEC. 2. Section 4992.1 is added to the Business and Professions Code, to read: 4992.1. (a) Only individuals who have the qualifications prescribed by the board under this chapter are eligible to take the examination. (b) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. (c) If an applicant who has passed the examination described in paragraph (1) of subdivision (a) of Section 4996.1 is the subject of a complaint or is under board investigation for acts or conduct that, if proven to be true, would constitute grounds for the board to deny licensure, the board shall permit the applicant to take the California jurisprudence and ethics examination, but may withhold the results of the examination or notify the applicant that licensure will not be granted pending completion of the investigation. (d) Notwithstanding Section 135, the board may deny any applicant who has previously failed the examination permission to retake the examination pending completion of the investigation of any complaint against the applicant. Nothing in this section shall prohibit the board from denying an applicant admission to any examination, withholding the results, or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Section 11503 or 11504 of the Government Code, or the applicant has been denied in accordance with subdivision (b) of Section 485.(e) This section shall become operative on January 1, 2014.(e) This section shall become operative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative. SEC. 3. Section 4996.1 of the Business and Professions Code is amended to read: 4996.1. (a) The board shall issue a clinical social worker license to each applicant who qualifies pursuant to this article and successfully passes a board administered written or oral examination or both examinations. An applicant who has successfully passed a previously administered written examination may be subsequently required to take and pass another written examination.(b) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.(b) This section shall become inoperative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative. (c) This section is repealed as of the January 1 following the date that it becomes inoperative. SEC. 4. Section 4996.1 is added to the Business and Professions Code, to read: 4996.1. (a) The board shall issue a clinical social worker license to each applicant who qualifies pursuant to this article and successfully passes both of the following: (1) The Association of Social Work Boards Clinical Level Exam administered by the Association of Social Work Boards. (2) A California jurisprudence and ethics examination incorporated or developed and administered by the board. (b) For the purposes of this chapter, the term "examination" or "examinations" shall include both examinations described in subdivision (a).(c) This section shall become operative on January 1, 2014.(c) This section shall become operative on January 1, 2014, only if the board determines by December 1, 2013, by regulation, that the examination described in paragraph (1) of subdivision (a) meets the prevailing standards for validation and use of the licensing and certification tests in California. The board shall immediately post this determination on the main page of its Internet Web site. SEC. 5. Section 4996.3 of the Business and Professions Code is amended to read: 4996.3. (a) The board shall assess the following fees relating to the licensure of clinical social workers: (1) The application fee for registration as an associate clinical social worker shall be seventy-five dollars ($75). (2) The fee for renewal of an associate clinical social worker registration shall be seventy-five dollars ($75). (3) The fee for application for examination eligibility shall be one hundred dollars ($100). (4) The fee for the standard written examination shall be a maximum of one hundred fifty dollars ($150). The fee for the clinical vignette examination shall be one hundred dollars ($100). (A) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees. (B) The amount of the examination fees shall be based on the actual cost to the board of developing, purchasing, and grading each examination and the actual cost to the board of administering each examination. The written examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board. (5) The fee for rescoring an examination shall be twenty dollars ($20). (6) The fee for issuance of an initial license shall be a maximum of one hundred fifty-five dollars ($155). (7) The fee for license renewal shall be a maximum of one hundred fifty-five dollars ($155). (8) The fee for inactive license renewal shall be a maximum of seventy-seven dollars and fifty cents ($77.50). (9) The renewal delinquency fee shall be seventy-five dollars ($75). A person who permits his or her license to expire is subject to the delinquency fee. (10) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20). (11) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25). (b) With regard to license, examination, and other fees, the board shall establish fee amounts at or below the maximum amounts specified in this chapter.(c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.(c) This section shall become inoperative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative. (d) This section is repealed as of the January 1 following the date that it becomes inoperative. SEC. 6. Section 4996.3 is added to the Business and Professions Code, to read: 4996.3. (a) The board shall assess the following fees relating to the licensure of clinical social workers: (1) The application fee for registration as an associate clinical social worker shall be seventy-five dollars ($75). (2) The fee for renewal of an associate clinical social worker registration shall be seventy-five dollars ($75). (3) The fee for application for examination eligibility shall be one hundred dollars ($100). (4) The fee for the California jurisprudence and ethics examination shall be a maximum of____dollars ($____)one hundred dollars ($100) . (A) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees. (B) The amount of the California jurisprudence and ethics examination fees shall be based on the actual cost to the board of developing, purchasing, and grading that examination and the actual cost to the board of administering each California jurisprudence and ethics examination. The California jurisprudence and ethics examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board. (5) The fee for issuance of an initial license shall be a maximum of one hundred fifty-five dollars ($155). (6) The fee for license renewal shall be a maximum of one hundred fifty-five dollars ($155). (7) The fee for inactive license renewal shall be a maximum of seventy-seven dollars and fifty cents ($77.50). (8) The renewal delinquency fee shall be seventy-five dollars ($75). A person who permits his or her license to expire is subject to the delinquency fee. (9) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20). (10) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25). (b) With regard to license, examination, and other fees, the board shall establish fee amounts at or below the maximum amounts specified in this chapter.(c) This section shall become operative on January 1, 2014.(c) This section shall become operative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative. SEC. 7. Section 4996.4 of the Business and Professions Code is amended to read: 4996.4. (a) An applicant who fails a standard or clinical vignette written examination may within one year from the notification date of failure, retake that examination as regularly scheduled, without further application, upon payment of the required examination fees. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all current requirements, and pays all required fees.(b) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.(b) This section shall become inoperative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative. (c) This section is repealed as of the January 1 following the date that it becomes inoperative. SEC. 8. Section 4996.4 is added to the Business and Professions Code, to read: 4996.4. (a) An applicant who fails the examination may within one year from the notification date of failure, retake that examination as regularly scheduled, without further application, upon payment of the required examination fees. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all current requirements, and pays all required fees.(b) This section shall become operative on January 1, 2014.(b) This section shall become operative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative. SEC. 9. Section 4996.17 of the Business and Professions Code is amended to read: 4996.17. (a) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially the equivalent of the requirements of this chapter. (b) The board may issue a license to any person who, at the time of application, holds a valid active clinical social work license issued by a board of clinical social work examiners or corresponding authority of any state, if the person passes the board administered licensing examinations as specified in Section 4996.1 and pays the required fees. Issuance of the license is conditioned upon all of the following: (1) The applicant has supervised experience that is substantially the equivalent of that required by this chapter. If the applicant has less than 3,200 hours of qualifying supervised experience, time actively licensed as a clinical social worker shall be accepted at a rate of 100 hours per month up to a maximum of 1,200 hours. (2) Completion of the following coursework or training in or out of this state: (A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28, and any regulations promulgated thereunder. (B) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. (C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation. (D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies. (3) The applicant's license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state. (4) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant's professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board determines constitutes evidence of a pattern of incompetence or negligence. (5) The applicant shall provide a certification from each state where he or she holds a license pertaining to licensure, disciplinary action, and complaints pending. (6) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36. (c) The board may issue a license to any person who, at the time of application, has held a valid, active clinical social work license for a minimum of four years, issued by a board of clinical social work examiners or a corresponding authority of any state, if the person passes the board administered licensing examinations as specified in Section 4996.1 and pays the required fees. Issuance of the license is conditioned upon all of the following: (1) Completion of the following coursework or training in or out of state: (A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28, and any regulations promulgated thereunder. (B) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. (C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation. (D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies. (2) The applicant has been licensed as a clinical social worker continuously for a minimum of four years prior to the date of application. (3) The applicant's license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state. (4) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant's professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board determines constitutes evidence of a pattern of incompetence or negligence. (5) The applicant provides a certification from each state where he or she holds a license pertaining to licensure, disciplinary action, and complaints pending. (6) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36.(d) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.(d) This section shall become inoperative on the date that Section 4996.1, as added by section 4 of the act adding this subdivision, becomes operative. (e) This section is repealed as of the January 1 following the date that it becomes inoperative. SEC. 10. Section 4996.17 is added to the Business and Professions Code, to read: 4996.17. (a) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially the equivalent of the requirements of this chapter. (b) The board may issue a license to any person who, at the time of application, holds a valid active clinical social work license issued by a board of clinical social work examiners or corresponding authority of any state, if the person passes or has passed the examinations as specified in Section 4996.1 and pays the required fees. Issuance of the license is conditioned upon all of the following: (1) The applicant has supervised experience that is substantially the equivalent of that required by this chapter. If the applicant has less than 3,200 hours of qualifying supervised experience, time actively licensed as a clinical social worker shall be accepted at a rate of 100 hours per month up to a maximum of 1,200 hours. (2) Completion of the following coursework or training in or out of this state: (A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28, and any regulations promulgated thereunder. (B) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. (C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation. (D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies. (3) The applicant's license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state. (4) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant's professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board determines constitutes evidence of a pattern of incompetence or negligence. (5) The applicant shall provide a certification from each state where he or she holds a license pertaining to licensure, disciplinary action, and complaints pending. (6) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36. (c) The board may issue a license to any person who, at the time of application, has held a valid, active clinical social work license for a minimum of four years, issued by a board of clinical social work examiners or a corresponding authority of any state, if the person passes or has passed the examinations as specified in Section 4996.1 and pays the required fees. Issuance of the license is conditioned upon all of the following: (1) Completion of the following coursework or training in or out of state: (A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28, and any regulations promulgated thereunder. (B) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. (C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation. (D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies. (2) The applicant has been licensed as a clinical social worker continuously for a minimum of four years prior to the date of application. (3) The applicant's license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state. (4) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant's professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board determines constitutes evidence of a pattern of incompetence or negligence. (5) The applicant provides a certification from each state where he or she holds a license pertaining to licensure, disciplinary action, and complaints pending. (6) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36.(d) This section shall become operative on January 1, 2014.(d) This section shall become operative on the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative.