BILL NUMBER: SB 704CHAPTERED BILL TEXT CHAPTER 387 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2011 APPROVED BY GOVERNOR SEPTEMBER 30, 2011 PASSED THE SENATE SEPTEMBER 1, 2011 PASSED THE ASSEMBLY AUGUST 31, 2011 AMENDED IN ASSEMBLY AUGUST 25, 2011 AMENDED IN ASSEMBLY JUNE 6, 2011 AMENDED IN SENATE MAY 5, 2011 INTRODUCED BY Senator Negrete McLeod FEBRUARY 18, 2011 An act to amend Sections 4996.28 and 4999.120 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, 4984.72, 4999.45, 4999.46, 4999.50, 4999.52, and 4999.100 of, and to add Sections 4980.397, 4980.398, 4980.399, 4992.05, 4992.07, 4992.09, 4999.53, 4999.55, 4999.63, and 4999.64 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST SB 704, 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 and trainees by the Board of Behavioral Sciences. Existing law requires the issuance of a license to practice marriage and family therapy to qualified applicants, as defined, who pass a board-administered written or oral examination or, under specified circumstances, a clinical vignette written examination. Existing law 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. Existing law, the Licensed Professional Clinical Counselor Act, provides for the licensure and regulation of professional clinical counselors and interns by the Board of Behavioral Sciences. Existing law authorizes the board to issue a license to any person meeting specified educational requirements, satisfying the supervised experience requirement, and providing evidence of a passing score on a national licensing examination, as determined 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, social work, and professional clinical counselors, 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, as specified. The bill would, on and after January 1, 2013, require marriage and family therapist interns, associate clinical social workers, and professional clinical counselor interns 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. This bill would incorporate additional changes in Section 4999.120 of the Business and Professions Code proposed by SB 146, to be operative only if SB 146 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) It is the intent of the Legislature that the Board of Behavioral Sciences expedite its efforts to evaluate the Association of Social Work Boards Clinical Level Examination administered by the Association of Social Work Boards as a requirement for licensure as a clinical social worker and, if the board finds that this examination meets the prevailing standards for validation and use of licensing and certification tests in California, establish by regulation that this examination is to be used as the clinical examination. (b) It is the intent of the Legislature that the Board of Behavioral Sciences expedite its efforts to evaluate the Examination in Marital and Family Therapy administered by the Association of Marital and Family Therapy Regulatory Board as a requirement for licensure as a marriage and family therapist and, if the board finds that this examination meets the prevailing standards for validation and use of licensing and certification tests in California, establish by regulation that this examination is to be used as the clinical examination. SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 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) 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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) This section shall become operative on January 1, 2013. SEC. 16. 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. 17. 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. 18. 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 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. 19. 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. 20. Section 4992.1 of the Business and Professions Code, as added by Section 2 of Chapter 546 of the Statutes of 2010, is repealed. SEC. 21. 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 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. 22. 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. 23. Section 4996.1 of the Business and Professions Code, as added by Section 4 of Chapter 546 of the Statutes of 2010, is repealed. SEC. 24. 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 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. 25. 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. 26. Section 4996.3 of the Business and Professions Code, as added by Section 6 of Chapter 546 of the Statutes of 2010, is repealed. SEC. 27. 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. SEC. 28. 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 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. 29. 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. 30. Section 4996.4 of the Business and Professions Code, as added by Section 8 of Chapter 546 of the Statutes of 2010, is repealed. SEC. 31. 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. SEC. 32. Section 4999.45 of the Business and Professions Code is amended to read: 4999.45. An intern employed under this chapter shall: (a) Not perform any duties, except for those services provided as a clinical counselor trainee, until registered as an intern. (b) Not be employed or volunteer in a private practice until registered as an intern. (c) Inform each client prior to performing any professional services that he or she is unlicensed and under supervision. (d) File for renewal annually for a maximum of five years after initial registration with the board. (e) Cease continued employment as an intern after six years unless the requirements of subdivision (f) are met. (f) 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 issued a subsequent intern registration pursuant to this subdivision may be employed or volunteer in any allowable work setting except private practice. (g) 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. 33. Section 4999.45 is added to the Business and Professions Code, to read: 4999.45. (a) An intern employed under this chapter shall: (1) Not perform any duties, except for those services provided as a clinical counselor trainee, until registered as an intern. (2) Not be employed or volunteer in a private practice until registered as an intern. (3) Inform each client prior to performing any professional services that he or she is unlicensed and under supervision. (4) File for renewal annually for a maximum of five years after initial registration with the board. (5) Cease continued employment as an intern after six years unless the requirements of subdivision (b) are met. (b) 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 4999.53. An applicant issued a subsequent intern registration pursuant to this subdivision may be employed or volunteer in any allowable work setting except private practice. (c) This section shall become operative on January 1, 2013. SEC. 34. Section 4999.46 of the Business and Professions Code is amended to read: 4999.46. (a) To qualify for the licensure examinations specified in subdivision (c) of Section 4999.52, applicants shall complete clinical mental health experience under the general supervision of an approved supervisor as defined in Section 4999.12. (b) The experience shall include a minimum of 3,000 postdegree hours of supervised clinical mental health experience related to the practice of professional clinical counseling, performed over a period of not less than two years (104 weeks), which shall include: (1) Not more than 40 hours in any seven consecutive days. (2) Not less than 1,750 hours of direct counseling with individuals or groups in a setting described in Section 4999.44 using a variety of psychotherapeutic techniques and recognized counseling interventions within the scope of practice of licensed professional clinical counselors. (3) Not more than 500 hours of experience providing group therapy or group counseling. (4) Not more than 250 hours of experience providing counseling or crisis counseling on the telephone. (5) Not less than 150 hours of clinical experience in a hospital or community mental health setting. (6) Not more than a combined total of 1,250 hours of experience in the following related activities: (A) Direct supervisor contact. (B) Client centered advocacy. (C) Not more than 250 hours of experience administering tests and evaluating psychological tests of clients, writing clinical reports, writing progress notes, or writing process notes. (D) Not more than 250 hours of verified attendance at workshops, training sessions, or conferences directly related to professional clinical counseling that are approved by the applicant's supervisor. (c) No hours of clinical mental health experience may be gained more than six years prior to the date the application for examination eligibility was filed. (d) An applicant shall register with the board as an intern in order to be credited for postdegree hours of experience toward licensure. Postdegree hours of experience shall be credited toward licensure, provided that the applicant applies for intern registration within 90 days of the granting of the qualifying degree and is registered as an intern by the board. (e) All applicants and interns shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of professional clinical counseling. (f) 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. Experience obtained under the supervision of a supervisor with whom the applicant has had or currently has a personal, professional, or business relationship that undermines the authority or effectiveness of the supervision shall not be credited toward the required hours of supervised experience. (g) Supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting. (1) No more than five hours of supervision, whether individual or group, shall be credited during any single week. (2) An intern shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of face-to-face psychotherapy is performed in each setting in which experience is gained. (3) For purposes of this section, "one hour of direct supervisor contact" means one hour of face-to-face contact on an individual basis or two hours of face-to-face contact in a group of not more than eight persons in segments lasting no less than one continuous hour. (4) Notwithstanding paragraph (3), an intern working in a governmental entity, a school, a college, or a university, or an institution that is both nonprofit and charitable, may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is upheld. (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. 35. Section 4999.46 is added to the Business and Professions Code, to read: 4999.46. (a) To qualify for the licensure examination specified by paragraph (2) of subdivision (a) of Section 4999.53, applicants shall complete clinical mental health experience under the general supervision of an approved supervisor as defined in Section 4999.12. (b) The experience shall include a minimum of 3,000 postdegree hours of supervised clinical mental health experience related to the practice of professional clinical counseling, performed over a period of not less than two years (104 weeks), which shall include: (1) Not more than 40 hours in any seven consecutive days. (2) Not less than 1,750 hours of direct counseling with individuals or groups in a setting described in Section 4999.44 using a variety of psychotherapeutic techniques and recognized counseling interventions within the scope of practice of licensed professional clinical counselors. (3) Not more than 500 hours of experience providing group therapy or group counseling. (4) Not more than 250 hours of experience providing counseling or crisis counseling on the telephone. (5) Not less than 150 hours of clinical experience in a hospital or community mental health setting. (6) Not more than a combined total of 1,250 hours of experience in the following related activities: (A) Direct supervisor contact. (B) Client centered advocacy. (C) Not more than 250 hours of experience administering tests and evaluating psychological tests of clients, writing clinical reports, writing progress notes, or writing process notes. (D) Not more than 250 hours of verified attendance at workshops, training sessions, or conferences directly related to professional clinical counseling that are approved by the applicant's supervisor. (c) No hours of clinical mental health experience may be gained more than six years prior to the date the application for examination eligibility was filed. (d) An applicant shall register with the board as an intern in order to be credited for postdegree hours of experience toward licensure. Postdegree hours of experience shall be credited toward licensure, provided that the applicant applies for intern registration within 90 days of the granting of the qualifying degree and is registered as an intern by the board. (e) All applicants and interns shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of professional clinical counseling. (f) 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. Experience obtained under the supervision of a supervisor with whom the applicant has had or currently has a personal, professional, or business relationship that undermines the authority or effectiveness of the supervision shall not be credited toward the required hours of supervised experience. (g) Supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting. (1) No more than five hours of supervision, whether individual or group, shall be credited during any single week. (2) An intern shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of face-to-face psychotherapy is performed in each setting in which experience is gained. (3) For purposes of this section, "one hour of direct supervisor contact" means one hour of face-to-face contact on an individual basis or two hours of face-to-face contact in a group of not more than eight persons in segments lasting no less than one continuous hour. (4) Notwithstanding paragraph (3), an intern working in a governmental entity, a school, a college, or a university, or an institution that is both nonprofit and charitable, may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is upheld. (h) This section shall become operative on January 1, 2013. SEC. 36. Section 4999.50 of the Business and Professions Code is amended to read: 4999.50. (a) The board may issue a professional clinical counselor license to any person who meets all of the following requirements: (1) He or she has received a master's or doctoral degree described in Section 4999.32 or 4999.33, as applicable. (2) He or she has completed at least 3,000 hours of supervised experience in the practice of professional clinical counseling as provided in Section 4999.46. (3) He or she provides evidence of a passing score, as determined by the board, on examinations designated by the board pursuant to Section 4999.52. (b) An applicant who has satisfied the requirements of this chapter shall be issued a license as a professional clinical counselor in the form that the board may deem appropriate. (c) The board shall begin accepting applications for examination eligibility on January 1, 2012. (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. 37. Section 4999.50 is added to the Business and Professions Code, to read: 4999.50. (a) The board may issue a professional clinical counselor license to any person who meets all of the following requirements: (1) He or she has received a master's or doctoral degree described in Section 4999.32 or 4999.33, as applicable. (2) He or she has completed at least 3,000 hours of supervised experience in the practice of professional clinical counseling as provided in Section 4999.46. (3) He or she provides evidence of a passing score, as determined by the board, on the examinations designated in Section 4999.53. (b) An applicant who has satisfied the requirements of this chapter shall be issued a license as a professional clinical counselor in the form that the board may deem appropriate. (c) This section shall become operative on January 1, 2013. SEC. 38. Section 4999.52 of the Business and Professions Code is amended to read: 4999.52. (a) Except as provided in Sections 4999.54 and 4999.56, every applicant for a license as a professional clinical counselor shall be examined by the board. 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 examinations shall be given at least twice a year at a time and place and under supervision as the board may determine. (c) (1) It is the intent of the Legislature that national licensing examinations, such as the National Counselor Examination for Licensure and Certification (NCE) and the National Clinical Mental Health Counselor Examination (NCMHCE), be evaluated by the board as requirements for licensure as a professional clinical counselor. (2) The board shall evaluate various national examinations in order to determine whether they meet the prevailing standards for the validation and use of licensing and certification tests in California. (3) The Department of Consumer Affairs' Office of Professional Examination Services shall review the occupational analysis that was used for developing the national examinations in order to determine if it adequately describes the licensing group and adequately determines the tasks, knowledge, skills, and abilities the licensed professional clinical counselor would need to perform the functions under this chapter. (4) Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession. (5) If national examinations do not meet the standards specified in paragraph (2), the board may require a passing score on either of the following: (A) The national examinations plus one or more board-developed examinations. (B) One or more board-developed examinations. (6) The licensing examinations shall also incorporate a California law and ethics examination element that is acceptable to the board, or, as an alternative, the board may develop a separate California law and ethics examination. (d) 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. (e) The board shall not deny any applicant whose application for licensure is complete admission to the examinations, nor shall the board postpone or delay any applicant's examinations or delay informing the candidate of the results of the examinations, solely upon the receipt by the board of a complaint alleging acts or conduct that would constitute grounds to deny licensure. (f) If an applicant for 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 examinations, but may notify the applicant that licensure will not be granted pending completion of the investigation. (g) Notwithstanding Section 135, the board may deny any applicant who has previously failed an examination permission to retake that examination pending completion of the investigation of any complaints against the applicant. (h) 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, respectively, or the application has been denied in accordance with subdivision (b) of Section 485. (i) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. (j) 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. 39. Section 4999.52 is added to the Business and Professions Code, to read: 4999.52. (a) Except as provided in Sections 4999.54 and 4999.56, every applicant for a license as a professional clinical counselor shall be examined by the board. 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 examinations shall be given at least twice a year at a time and place and under supervision as the board may determine. (c) 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. (d) The board shall not deny any applicant whose application for licensure is complete admission to the examinations specified by paragraph (2) of subdivision (a) of Section 4999.53, nor shall the board postpone or delay this examination for any applicant or delay informing the candidate of the results of this 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 the examination specified by paragraph (2) of subdivision (a) of Section 4999.53, 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 this examination, but may 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 examination specified by paragraph (2) of subdivision (a) of Section 4999.53, permission to retake either examination pending completion of the investigation of any complaints against the applicant. (g) 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, respectively, or the application has been denied in accordance with subdivision (b) of Section 485. (h) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. (i) On and after January 1, 2013, the examination specified by paragraph (2) of subdivision (a) of Section 4999.53 shall be passed within seven years of an applicant's initial attempt. (j) No applicant shall be eligible to participate in the examination specified by paragraph (2) of subdivision (a) of Section 4999.53, if he or she fails to obtain a passing score on this examination within seven years from his or her initial attempt. If the applicant fails to obtain a passing score within seven years of initial attempt, he or she shall obtain a passing score on the current version of the California law and ethics examination in order to be eligible to retake this examination. (k) The provisions of this section shall become operative on January 1, 2013. SEC. 40. Section 4999.53 is added to the Business and Professions Code, to read: 4999.53. (a) Effective January 1, 2013, a clinical counselor intern applying for licensure as a clinical counselor shall pass the following examinations as prescribed by the board: (1) A California law and ethics examination. (2) A clinical examination administered by the board, or the National Clinical Mental Health Counselor Examination if the board finds that this examination meets the prevailing standards for validation and use of the licensing and certification tests in California. (b) Upon registration with the board, a clinical counselor intern shall, within the first year of registration, take an examination on California law and ethics. (c) A registrant may take the clinical examination or the National Clinical Mental Health Counselor Examination, as established by the board through regulation, only upon meeting all of the following requirements: (1) Completion of all required supervised work experience. (2) Completion of all education requirements. (3) Passage of the California law and ethics examination. (d) This section shall become operative on January 1, 2013. SEC. 41. Section 4999.55 is added to the Business and Professions Code, to read: 4999.55. (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 exam, 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 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 this 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 January 1, 2013. SEC. 42. Section 4999.63 is added to the Business and Professions Code, to read: 4999.63. (a) For applicants who submit an application for a license on or before January 1, 2013, a valid passing score on the examination referenced in subdivision (c) of Section 4999.52 shall have been obtained less than seven years prior to the application date. (b) For applicants who submit an application for a license on and after January 1, 2013, a valid passing score on the examination referenced in paragraph (2) of subdivision (a) of Section 4999.53 shall have been obtained less than seven years prior to the application date. SEC. 43. Section 4999.64 is added to the Business and Professions Code, to read: 4999.64. (a) Effective January 1, 2013, an applicant who fails the examination specified in paragraph (2) of subdivision (a) of Section 4999.53 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. 44. Section 4999.100 of the Business and Professions Code is amended to read: 4999.100. (a) An intern registration shall expire one year from the last day of the month in which it was issued. (b) To renew a registration, the registrant shall, on or before the expiration date of the registration, do the following: (1) Apply for a 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, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the registrant's last renewal. (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. 45. Section 4999.100 is added to the Business and Professions Code, to read: 4999.100. (a) An intern registration shall expire one year from the last day of the month in which it was issued. (b) To renew a registration, the registrant shall, on or before the expiration date of the registration, do the following: (1) Apply for a 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, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the registrant's last renewal. (4) Participate in the California law and ethics examination pursuant to Section 4999.53 each year until successful completion of this examination. (c) The intern 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 4999.53. 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. 46. Section 4999.120 of the Business and Professions Code is amended to read: 4999.120. The board shall assess fees for the application for, and the issuance and renewal of licenses and for the registration of, interns to cover administrative and operating expenses of the board related to this chapter. Fees assessed pursuant to this section shall not exceed the following: (a) The fee for the application for examination eligibility shall be up to two hundred fifty dollars ($250). (b) The fee for the application for intern registration shall be up to one hundred fifty dollars ($150). (c) The fee for the application for licensure shall be up to one hundred eighty dollars ($180). (d) The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be up to two hundred fifty dollars ($250). (e) The fee for the law and ethics examination shall be up to one hundred fifty dollars ($150). (f) The fee for the examination described in subdivision (b) of Section 4999.54 shall be up to one hundred dollars ($100). (g) The fee for the issuance of a license shall be up to two hundred fifty dollars ($250). (h) The fee for annual renewal of licenses issued pursuant to Section 4999.54 shall be up to one hundred fifty dollars ($150). (i) The fee for annual renewal of an intern registration shall be up to one hundred fifty dollars ($150). (j) The fee for two-year renewal of licenses shall be up to two hundred fifty dollars ($250). (k) The fee for issuance of a retired license shall be forty dollars ($40). SEC. 46.5. Section 4999.120 of the Business and Professions Code is amended to read: 4999.120. The board shall assess fees for the application for and the issuance and renewal of licenses and for the registration of interns to cover administrative and operating expenses of the board related to this chapter. Fees assessed pursuant to this section shall not exceed the following: (a) The fee for the application for examination eligibility shall be up to two hundred fifty dollars ($250). (b) The fee for the application for intern registration shall be up to one hundred fifty dollars ($150). (c) The fee for the application for licensure shall be up to one hundred eighty dollars ($180). (d) The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be up to two hundred fifty dollars ($250). (e) The fee for the law and ethics examination shall be up to one hundred fifty dollars ($150). (f) The fee for the examination described in subdivision (b) of Section 4999.54 shall be up to one hundred dollars ($100). (g) The fee for the issuance of a license shall be up to two hundred fifty dollars ($250). (h) The fee for annual renewal of licenses issued pursuant to Section 4999.54 shall be up to one hundred fifty dollars ($150). (i) The fee for annual renewal of an intern registration shall be up to one hundred fifty dollars ($150). (j) The fee for two-year renewal of licenses shall be up to two hundred fifty dollars ($250). (k) The fee for issuance of a retired license shall be forty dollars ($40). (l) The fee for rescoring an examination shall be twenty dollars ($20). (m) The fee for issuance of a replacement license or registration shall be twenty dollars ($20). (n) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25). SEC. 47. Section 46.5 of this bill incorporates amendments to Section 4999.120 of the Business and Professions Code proposed by both this bill and Senate Bill 146. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 4999.120 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 146, in which case Section 46 of this bill shall not become operative.