BILL NUMBER: SB 1527INTRODUCED BILL TEXT INTRODUCED BY Senator Negrete McLeod FEBRUARY 24, 2012 An act to amend Section 4996.18 of, and to amend and repeal Section 4996.17 of, the Business and Professions Code, relating to social workers. LEGISLATIVE COUNSEL'S DIGEST SB 1527, as introduced, Negrete McLeod. Social workers: licensing. 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 clinical social worker license to each applicant from another state who satisfies specified educational and other requirements and successfully passes examinations administered by the board. This bill would add the requirement that, commencing January 1, 2013, in order for the board to issue a clinical social worker license to an applicant from another state, the applicant shall also complete an 18-hour course in California law and professional ethics, as specified. The bill would repeal related provisions made obsolete by the repeal of Section 4996.1 of the Business and Professions Code, as added by Section 4 of AB 2167 of the 2009-10 Regular Session. Existing law requires a person who wishes to be credited with experience toward license requirements to register with the board as an associate clinical social worker. Existing law requires an applicant for registration to satisfy certain requirements. This bill would add the requirement for completion of training or coursework in California law and professional ethics, as specified. 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 4996.17 of the Business and Professions Code, as amended by Section 53.5 of Chapter 653 of the Statutes of 2010, 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) Commencing January 1, 2013, completion of an 18-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, the following: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, the federal Health Insurance Portability and Accountability Act, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, differences in legal and ethical standards in different types of work settings, and licensing law and process.(3)(4) The applicant's license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state.(4)(5) 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)(6) 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)(7) 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, holds a valid, active clinical social work license issued by a board of clinical social work examiners or a corresponding authority of any state, if the person has held that license for at least four years immediately preceding the date of application, the person passes the board administered licensing examinations as specified in Section 4996.1, and the person 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) Commencing January 1, 2013, completion of an 18-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, the following: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, the federal Health Insurance Portability and Accountability Act, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, differences in legal and ethical standards in different types of work settings, and licensing law and process.(2)(3) The applicant has been licensed as a clinical social worker continuously for a minimum of four years prior to the date of application.(3)(4) The applicant's license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state.(4)(5) 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)(6) The applicant provides a certification from each state where he or she holds a license pertaining to licensure, disciplinary action, and complaints pending.(6)(7) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36.(d) This section shall become inoperative on the date that Section 4996.1, as added by Section 4 of Assembly Bill No. 2167 of the 2009-10 Regular Session, becomes operative.(e) This section is repealed as of the January 1 following the date that it becomes inoperative.SEC. 2. Section 4996.17 of the Business and Professions Code, as added by Section 10 of Chapter 546 of the Statutes of 2010, is repealed.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 the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative.SEC. 3. Section 4996.17 of the Business and Professions Code, as added by Section 53.7 of Chapter 653 of the Statutes of 2010, is repealed.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, holds a valid, active clinical social work license issued by a board of clinical social work examiners or a corresponding authority of any state, if the person has held that license for at least four years immediately preceding the date of application, the person passes or has passed the examinations as specified in Section 4996.1, and the person 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 the date that Section 4996.1, as added by Section 4 of Assembly Bill No. 2167 of the 2009-10 Regular Session, becomes operative.SEC. 4. Section 4996.18 of the Business and Professions Code is amended to read: 4996.18. (a) A person who wishes to be credited with experience toward licensure requirements shall register with the board as an associate clinical social worker prior to obtaining that experience. The application shall be made on a form prescribed by the board. (b) An applicant for registration shall satisfy the following requirements: (1) Possess a master's degree from an accredited school or department of social work. (2) Have committed no crimes or acts constituting grounds for denial of licensure under Section 480. (3) Commencing January 1, 2013, have completed training or coursework in California law and professional ethics for clinical social workers, including instruction in all of the following areas of study: (A) Contemporary professional ethics and statutes, regulations, and court decisions that delineate the scope of practice of clinical social work. (B) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of clinical social work, including, but not limited to, family law. (C) The current legal patterns and trends in the mental health professions. (D) The psychotherapist-patient privilege, confidentiality, dangerous patients, and the treatment of minors with and without parental consent. (E) A recognition and exploration of the relationship between a practitioner's sense of self and human values, and his or her professional behavior and ethics. (F) Differences in legal and ethical standards for different types of work settings. (G) Licensing law and process. (c) An applicant who possesses a master's degree from a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education shall be eligible, and shall be required, to register as an associate clinical social worker in order to gain experience toward licensure if the applicant has not committed any crimes or acts that constitute grounds for denial of licensure under Section 480. That applicant shall not, however, be eligible for examination until the school or department of social work has received accreditation by the Commission on Accreditation of the Council on Social Work Education. (d) Any experience obtained under the supervision of a spouse or relative by blood or marriage shall not be credited toward the required hours of supervised experience. Any experience obtained under the supervision of a supervisor with whom the applicant has a personal relationship that undermines the authority or effectiveness of the supervision shall not be credited toward the required hours of supervised experience. (e) An applicant who possesses a master's degree from an accredited school or department of social work shall be able to apply experience the applicant obtained during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education toward the licensure requirements, if the experience meets the requirements of Section 4996.23. This subdivision shall apply retroactively to persons who possess a master's degree from an accredited school or department of social work and who obtained experience during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education. (f) An applicant for registration or licensure trained in an educational institution outside the United States shall demonstrate to the satisfaction of the board that he or she possesses a master's of social work degree that is equivalent to a master's degree issued from a school or department of social work that is accredited by the Commission on Accreditation of the Council on Social Work Education. These applicants shall provide the board with a comprehensive evaluation of the degree and shall provide any other documentation the board deems necessary. The board has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements regardless of evaluation or accreditation. (g) A registrant shall not provide clinical social work services to the public for a fee, monetary or otherwise, except as an employee. (h) A registrant shall inform each client or patient prior to performing any professional services that he or she is unlicensed and is under the supervision of a licensed professional.