BILL NUMBER: SB 704INTRODUCED BILL TEXT INTRODUCED BY Senator Negrete McLeod FEBRUARY 18, 2011 An act to amend Section 4996.28 of, to amend, add, and repeal Sections 4992.1, 4996.1, 4996.3, and 4996.4 of, to amend, repeal, and add Sections 4980.40, 4980.50, 4984.01, 4984.7, and 4984.72 of, and to add Sections 4980.397, 4980.398, 4980.399, 4992.05, 4992.07, and 4992.09 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST SB 704, as introduced, Negrete McLeod. Healing arts: licensees: Board of Behavioral Sciences. Existing law provides for the licensure and regulation of marriage and family therapists and marriage and family therapist interns by the Board of Behavioral Sciences. Existing law requires the issuance of a license to practice marriage and family therapy to qualified applicants who pass a board-administered written or oral examination or, under specified circumstances, a clinical vignette written examination. Existing law also provides for the licensure and regulation of social workers by the Board of Behavioral Sciences. Existing law requires each applicant to be examined by the board and, on and after January 1, 2014, upon a specified determination by the board, requires the issuance of a license to each applicant or registrant meeting specified requirements who successfully passes the Association of Social Work Boards Clinical Level Examination administered by the Association of Social Work Boards and a separate California jurisprudence and ethics examination incorporated or developed and administered by the board. This bill would repeal those provisions that would have become operative on January 1, 2014. The bill would instead, for the practice areas of marriage and family therapy and social work, revise and recast provisions related to examinations to require, on and after January 1, 2013, the passage of specified clinical examinations and a California law and ethics examination, subject to specified fees. The bill would require applicants for licensure to retake the law and ethics examination under certain circumstances. The bill would, on and after January 1, 2013, require marriage and family therapist interns and associate clinical social workers to take the law and ethics examination, subject to specified fees. The bill would authorize the board to adopt the Association of Social Work Boards Clinical Level Examination as the clinical examination for social workers, upon a specified determination. 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 4980.397 is added to the Business and Professions Code, to read: 4980.397. (a) Effective January 1, 2013, an applicant for licensure as a marriage and family therapist shall pass the following two examinations as prescribed by the board: (1) A California law and ethics examination. (2) A clinical examination. (b) Upon registration with the board, a marriage and family therapist intern shall, within the first year of registration, take an examination on California law and ethics. (c) A registrant may take the clinical examination only upon meeting all of the following requirements: (1) Completion of all required supervised work experience. (2) Completion of all education requirements. (3) Passage of the California law and ethics examination. (d) This section shall become operative on January 1, 2013. SEC. 2. Section 4980.398 is added to the Business and Professions Code, to read: 4980.398. (a) Each applicant who had previously taken and passed the standard written examination shall also obtain a passing score on the clinical examination in order to be eligible for licensure. (b) An applicant who had previously failed to obtain a passing score on the standard written examination shall obtain a passing score on the California law and ethics examination and the clinical examination. (c) An applicant who had previously failed to obtain a passing score on the clinical vignette examination shall obtain a passing score on the clinical examination. (d) An applicant who had obtained eligibility for the standard written examination shall take the California law and ethics examination and the clinical examination. (e) This section shall become operative on January 1, 2013. SEC. 3. Section 4980.399 is added to the Business and Professions Code, to read: 4980.399. (a) Each applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure. (b) A registrant shall participate in a board-administered California law and ethics examination prior to his or her registration renewal. (c) If an applicant fails the California law and ethics examination, he or she may retake the examination, upon payment of the required fees, without further application except as provided in subdivision (d). (d) If a registrant fails to obtain a passing score on the California law and ethics examination described in subdivision (a) within his or her first renewal period on or after the operative date of this section, he or she shall complete, at a minimum, a 12-hour course in California law and ethics in order to be eligible to participate in the California law and ethics examination. Registrants shall only take the 12-hour California law and ethics course once during a renewal period. The 12-hour law and ethics course required by the section shall be taken through a board-approved continuing education provider, a county, state or governmental entity, or a college or university. (e) The board shall not issue a subsequent registration number unless the registrant has passed the California law and ethics examination. (f) This section shall become operative on January 1, 2013. SEC. 4. Section 4980.40 of the Business and Professions Code is amended to read: 4980.40. To qualify for a license, an applicant shall have all of the following qualifications: (a) Meet the educational requirements of Section 4980.36 or both Sections 4980.37 and 4980.41, as applicable. (b) Be at least 18 years of age. (c) Have at least two years of experience that meet the requirements of Section 4980.43. (d) Pass a board administered written or oral examination or both types of examinations, except that an applicant who passed a written examination and who has not taken and passed an oral examination shall instead be required to take and pass a clinical vignette written examination. (e) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of a crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory. (f) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 5. Section 4980.40 is added to the Business and Professions Code, to read: 4980.40. To qualify for a license, an applicant shall have all the following qualifications: (a) Meet the educational requirements of Section 4980.36 or both Sections 4980.37 and 4980.41, as applicable. (b) Be at least 18 years of age. (c) Have at least two years of experience that meet the requirements of Section 4980.43. (d) Effective January 1, 2013, successfully pass a California law and ethics examination and a clinical examination. An applicant who has successfully passed a previously administered written examination may be subsequently required to take and pass another written examination. (e) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of a crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory. (f) This section shall become operative on January 1, 2013. SEC. 6. Section 4980.50 of the Business and Professions Code is amended to read: 4980.50. (a) Every applicant who meets the educational and experience requirements and applies for a license as a marriage and family therapist shall be examined by the board. The examinations shall be as set forth in subdivision (d) of Section 4980.40. The examinations shall be given at least twice a year at a time and place and under supervision as the board may determine. The board shall examine the candidate with regard to his or her knowledge and professional skills and his or her judgment in the utilization of appropriate techniques and methods. (b) The board shall not deny any applicant, who has submitted a complete application for examination, admission to the licensure examinations required by this section if the applicant meets the educational and experience requirements of this chapter, and has not committed any acts or engaged in any conduct that would constitute grounds to deny licensure. (c) 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. (d) 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. (e) 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 complaints against the applicant. Nothing in this section shall prohibit the board from denying an applicant admission to any examination, withholding the results, or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Sections 11503 and 11504 of the Government Code, respectively, or the applicant has been denied in accordance with subdivision (b) of Section 485. (f) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. (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) An applicant who has qualified pursuant to this chapter shall be issued a license as a marriage and family therapist in the form that the board may deem appropriate. (i) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 7. Section 4980.50 is added to the Business and Professions Code, to read: 4980.50. Effective January 1, 2013, the following shall apply: (a) Every applicant who meets the educational and experience requirements and applies for a license as a marriage and family therapist shall be examined by the board. The examinations shall be as set forth in subdivision (d) of Section 4980.40. The examinations shall be given at least twice a year at a time and place and under supervision as the board may determine. The board shall examine the candidate with regard to his or her knowledge and professional skills and his or her judgment in the utilization of appropriate techniques and methods. (b) The board shall not deny any applicant, who has submitted a complete application for examination, admission to the licensure examinations required by this section if the applicant meets the educational and experience requirements of this chapter, and has not committed any acts or engaged in any conduct that would constitute grounds to deny licensure. (c) The board shall not deny any applicant, whose application for licensure is complete, admission to the clinical examination, nor shall the board postpone or delay any applicant's clinical examination or delay informing the candidate of the results of the clinical examination, solely upon the receipt by the board of a complaint alleging acts or conduct that would constitute grounds to deny licensure. (d) If an applicant for examination who has passed the California law and ethics 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 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. (e) Notwithstanding Section 135, the board may deny any applicant who has previously failed either the California law and ethics examination or the clinical examination permission to retake either examination pending completion of the investigation of any complaints against the applicant. Nothing in this section shall prohibit the board from denying an applicant admission to any examination, withholding the results, or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Sections 11503 and 11504 of the Government Code, respectively, or the applicant has been denied in accordance with subdivision (b) of Section 485. (f) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. (g) Effective January 1, 2013, no applicant shall be eligible to participate in the clinical examination if he or she fails to obtain a passing score on the clinical examination within seven years from his or her initial attempt, unless he or she takes and obtains a passing score on the current version of the California law and ethics examination. (h) An applicant who has qualified pursuant to this chapter shall be issued a license as a marriage and family therapist in the form that the board may deem appropriate. (i) This section shall become operative on January 1, 2013. SEC. 8. Section 4984.01 of the Business and Professions Code is amended to read: 4984.01. (a) The marriage and family therapist intern registration shall expire one year from the last day of the month in which it was issued. (b) To renew the registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions: (1) Apply for renewal on a form prescribed by the board. (2) Pay a renewal fee prescribed by the board. (3) Notify the board whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken against him or her by a regulatory or licensing board in this or any other state subsequent to the last renewal of the registration. (c) The registration may be renewed a maximum of five times. No registration shall be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked. When no further renewals are possible, an applicant may apply for and obtain a new intern registration if the applicant meets the educational requirements for registration in effect at the time of the application for a new intern registration. An applicant who is issued a subsequent intern registration pursuant to this subdivision may be employed or volunteer in any allowable work setting except private practice. (d) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 9. Section 4984.01 is added to the Business and Professions Code, to read: 4984.01. (a) The marriage and family therapist intern registration shall expire one year from the last day of the month in which it was issued. (b) To renew the registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions: (1) Apply for renewal on a form prescribed by the board. (2) Pay a renewal fee prescribed by the board. (3) Participate in the California law and ethics examination pursuant to Section 4980.399 each year until successful completion of this examination. (4) Notify the board whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken against him or her by a regulatory or licensing board in this or any other state subsequent to the last renewal of the registration. (c) The registration may be renewed a maximum of five times. No registration shall be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked. When no further renewals are possible, an applicant may apply for and obtain a new intern registration if the applicant meets the educational requirements for registration in effect at the time of the application for a new intern registration and has passed the California law and ethics examination described in Section 4980.399. An applicant who is issued a subsequent intern registration pursuant to this subdivision may be employed or volunteer in any allowable work setting except private practice. (d) This section shall become operative on January 1, 2013. SEC. 10. Section 4984.7 of the Business and Professions Code is amended to read: 4984.7. (a) The board shall assess the following fees relating to the licensure of marriage and family therapists: (1) The application fee for an intern registration shall be seventy-five dollars ($75). (2) The renewal fee for an intern registration shall be seventy-five dollars ($75). (3) The fee for the application for examination eligibility shall be one hundred dollars ($100). (4) The fee for the standard written examination shall be one hundred dollars ($100). 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 fee. (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 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 eighty dollars ($180). (7) The fee for license renewal shall be a maximum of one hundred eighty dollars ($180). (8) The fee for inactive license renewal shall be a maximum of ninety dollars ($90). (9) The renewal delinquency fee shall be a maximum of ninety dollars ($90). 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). (12) The fee for issuance of a retired license shall be forty dollars ($40). (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, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 11. Section 4984.7 is added to the Business and Professions Code, to read: 4984.7. (a) The board shall assess the following fees relating to the licensure of marriage and family therapists: (1) The application fee for an intern registration shall be seventy-five dollars ($75). (2) The renewal fee for an intern registration shall be seventy-five dollars ($75). (3) The fee for the application for examination eligibility shall be one hundred dollars ($100). (4) The fee for the clinical examination shall be one hundred dollars ($100). The fee for the California law and ethics 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 fee. (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 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 eighty dollars ($180). (7) The fee for license renewal shall be a maximum of one hundred eighty dollars ($180). (8) The fee for inactive license renewal shall be a maximum of ninety dollars ($90). (9) The renewal delinquency fee shall be a maximum of ninety dollars ($90). 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). (12) The fee for issuance of a retired license shall be forty dollars ($40). (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, 2013. SEC. 12. Section 4984.72 of the Business and Professions Code is amended to read: 4984.72. (a) An applicant who fails a standard or clinical vignette written examination may , within one year from the notification date of that failure, retake the examination as regularly scheduled without further application upon payment of the fee for the examination. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all requirements in effect on the date of application, and pays all required fees. (b) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 13. Section 4984.72 is added to the Business and Professions Code, to read: 4984.72. (a) Effective January 1, 2013, an applicant who fails the clinical examination may, within one year from the notification date of that failure, retake the examination as regularly scheduled without further application upon payment of the fee for the examination. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all requirements in effect on the date of application, and pays all required fees. (b) This section shall become operative on January 1, 2013. SEC. 14. Section 4992.05 is added to the Business and Professions Code, to read: 4992.05. (a) Effective January 1, 2013, an applicant for licensure as a clinical social worker shall pass the following two examinations as prescribed by the board: (1) A California law and ethics examination. (2) A clinical examination. (b) Upon registration with the board, an associate social worker registrant shall, within the first year of registration, take an examination on California law and ethics. (c) A registrant may take the clinical examination only upon meeting all of the following requirements: (1) Completion of all education requirements. (2) Passage of the California law and ethics examination. (3) Completion of all required supervised work experience. (d) It is the intent of the Legislature that the national licensing examination, the Association of Social Work Boards Clinical Level Examination administered by the Association of Social Work Boards, be evaluated by the board as a requirement for licensure as a clinical social worker. If the board finds that this examination meets the prevailing standards for validation and use of the licensing and certification tests in California, the board may establish by regulation that this examination is to be used as the clinical examination. (e) This section shall become operative on January 1, 2013. SEC. 15. Section 4992.07 is added to the Business and Professions Code, to read: 4992.07. (a) An applicant who had previously taken and passed the standard written examination shall also obtain a passing score on the clinical examination in order to be eligible for licensure. (b) An applicant who had previously failed to obtain a passing score on the standard written examination shall obtain a passing score on the California law and ethics examination and the clinical examination. (c) An applicant who had previously failed to obtain a passing score on the clinical vignette examination shall obtain a passing score on the clinical examination. (d) An applicant who had obtained eligibility for the standard written examination shall take the California law and ethics examination and the clinical examination. (e) This section shall become operative on January 1, 2013. SEC. 16. Section 4992.09 is added to the Business and Professions Code, to read: 4992.09. (a) An applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure. (b) A registrant shall participate in a board-administered California law and ethics examination prior to his or her registration renewal. (c) If an applicant fails the California law and ethics examination, he or she may retake the examination, upon payment of the required fees, without further application except for as provided in subdivision (d). (d) If a registrant fails to obtain a passing score on the California law and ethics examination described in subdivision (a) within his or her first renewal period on or after the operative date of this section, he or she shall complete, at a minimum, a 12-hour course in California law and ethics in order to be eligible to participate in the California law and ethics examination. Registrants shall only take the 12-hour California law and ethics course once during a renewal period. The 12-hour law and ethics course required by the section shall be taken through a board-approved continuing education provider, a county, state or governmental entity, or a college or university. (e) The board shall not issue a subsequent registration number unless the registrant has passed the California law and ethics examination. (f) This section shall become operative on January 1, 2013. SEC. 17. Section 4992.1 of the Business and Professions Code, as amended by Section 1 of Chapter 546 of the Statutes of 2010, 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 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.(h) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 18. 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 an examination under this chapter. (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 clinical examination, nor shall the board postpone or delay any applicant's clinical examination or delay informing the candidate of the results of the clinical 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 California law and ethics 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 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 California law and ethics examination or the clinical 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) Effective January 1, 2013, no applicant shall be eligible to participate in the clinical examination if he or she fails to obtain a passing score on the clinical examination within seven years from his or her initial attempt, unless he or she takes and obtains a passing score on the current version of the California law and ethics examination. (h) This section shall become operative on January 1, 2013. SEC. 19. Section 4992.1 of the Business and Professions Code, as added by Section 2 of Chapter 546 of the Statutes of 2010, is repealed.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 the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative.SEC. 20. Section 4996.1 of the Business and Professions Code, as amended by Section 3 of Chapter 546 of the Statutes of 2010, 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 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.(b) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 21. Section 4996.1 is added to the Business and Professions Code, to read: 4996.1. (a) Effective January 1, 2013, the board shall issue a clinical social worker license to each applicant who qualifies pursuant to this article and who successfully passes a California law and ethics examination and a clinical examination. 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 become operative on January 1, 2013. SEC. 22. Section 4996.1 of the Business and Professions Code, as added by Section 4 of Chapter 546 of the Statutes of 2010, is repealed.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, 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. 23. Section 4996.3 of the Business and Professions Code, as amended by Section 5.3 of Chapter 548 of the Statutes of 2010, 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). (12) The fee for issuance of a retired license shall be forty dollars ($40). (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 inoperative on the date that Section 4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10 Regular Session, becomes operative.(d) This section is repealed as of the January 1 following the date that it becomes inoperative.(c) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 24. 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 clinical examination shall be one hundred dollars ($100). The fee for the California law and ethics 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). (12) The fee for issuance of a retired license shall be forty dollars ($40). (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, 2013. SEC. 25. Section 4996.3 of the Business and Professions Code, as added by Section 6 of Chapter 546 of the Statutes of 2010, is repealed.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 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 the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative.SEC. 26. Section 4996.3 of the Business and Professions Code, as added by Section 5.6 of Chapter 548 of the Statutes of 2010, is repealed.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 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). (11) The fee for issuance of a retired license shall be forty dollars ($40). (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 the date that Section 4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10 Regular Session, becomes operative.SEC. 27. Section 4996.4 of the Business and Professions Code, as amended by Section 7 of Chapter 546 of the Statutes of 2010, 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 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.(b) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 28. Section 4996.4 is added to the Business and Professions Code, to read: 4996.4. (a) Effective January 1, 2013, an applicant who fails the clinical 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, 2013. SEC. 29. Section 4996.4 of the Business and Professions Code, as added by Section 8 of Chapter 546 of the Statutes of 2010, is repealed.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 the date that Section 4996.1, as added by Section 4 of the act adding this subdivision, becomes operative.SEC. 30. Section 4996.28 of the Business and Professions Code is amended to read: 4996.28. (a) Registration as an associate clinical social worker shall expire one year from the last day of the month during which it was issued. To renew a registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions: (1) Apply for renewal on a form prescribed by the board. (2) Pay a renewal fee prescribed by the board. (3) Notify the board whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken by a regulatory or licensing board in this or any other state, subsequent to the last renewal of the registration. (4) On and after January 1, 2013, obtain a passing score on the California law and ethics examination pursuant to Section 4992.09. (b) A registration as an associate clinical social worker may be renewed a maximum of five times. When no further renewals are possible, an applicant may apply for and obtain a new associate clinical social worker registration if the applicant meets all requirements for registration in effect at the time of his or her application for a new associate clinical social worker registration. An applicant issued a subsequent associate registration pursuant to this subdivision may be employed or volunteer in any allowable work setting except private practice.