Business and Professions Code — Part 35 | BPC — United States — California law | Esheria

Business and Professions Code

Part 35 of 52 · provisions 6,801–7,000

This section says the act is called the Business and Professions Code.

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 4964.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 4. Enforcement [4955 - 4964] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    This section says substantially similar parts of this article should be treated as a continuation of earlier acupuncture licensure law, not as a new law.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 4. Enforcement [4955 - 4964] ( Article 4 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4964. The provisions of this article insofar as they are substantially the same as provisions relating to the same subject matter of any previous acupuncture licensure law shall be construed as a restatement and continuation thereof, and not as a new enactment. (Amended by Stats. 1999, Ch. 655, Sec. 75. Effective January 1, 2000.)
  2. 4965.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    Acupuncture licenses expire on the last day of the licensee’s birth month in the second year of a two-year term unless renewed. Renewal requires the holder to use a board-provided form and pay the fee set by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4965. (a) Licenses issued pursuant to this chapter shall expire on the last day of the birth month of the licensee during the second year of a two-year term, if not renewed. (b) The board shall establish and administer a birth date renewal program. (c) To renew an unexpired license, the holder shall apply for renewal on a form provided by the board and pay the renewal fee fixed by the board. (Amended (as added by Stats. 1991, Ch. 983, Sec. 19) by Stats. 1999, Ch. 655, Sec. 77. Effective January 1, 2000.)
  3. 4966.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    An expired acupuncture license may be renewed within three years if the applicant files the renewal form, pays all unpaid renewal fees, and shows required continuing education; if it was not renewed before expiration, the acupuncturist must also pay the delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4966. Except as provided in Section 4969, a license that has expired may be renewed at any time within three years after its expiration by filing of an application for renewal on a form provided by the board, paying all accrued and unpaid renewal fees, and providing proof of completing continuing education requirements. If the license is not renewed prior to its expiration, the acupuncturist, as a condition precedent to renewal, shall also pay the prescribed delinquency fee. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date the delinquency fee is paid, whichever occurs last. If so renewed, the license shall continue in effect through the expiration date provided in Section 4965, after the effective date of the renewal, when it shall expire and become invalid if it is not again renewed. (Amended by Stats. 1999, Ch. 655, Sec. 78. Effective January 1, 2000.)
  4. 4967.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    If a person does not renew an acupuncture license within three years after it expires, the license cannot be renewed, restored, reissued, or reinstated. The person may still apply for a new license if they meet the listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4967. A person who fails to renew his or her license within three years after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if he or she meets all of the following requirements: (a) Has not committed any acts or crimes constituting grounds for denial of licensure under Division 1.5 (commencing with Section 475). (b) Takes and passes the examination, if any, which would be required of him or her if an initial application for licensure was being made, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, he or she is qualified to practice as an acupuncturist. (c) Pays all of the fees that would be required if an initial application for licensure was being made. The board may provide for the waiver or refund of all or any part of an examination fee in those cases in which a license is issued without an examination pursuant to this section. (Amended by Stats. 1999, Ch. 655, Sec. 79. Effective January 1, 2000.)
  5. 4969.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    Suspended acupuncture licenses may be renewed, but renewal does not allow practice while the suspension continues. Revoked licenses may not be renewed, and reinstatement after expiration requires payment of a reinstatement fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 5. Renewal [4965 - 4969] ( Article 5 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4969. (a) A suspended license is subject to expiration and shall be renewed as provided in this article, but the renewal does not entitle the acupuncturist, while the license remains suspended, and until it is reinstated, to engage in the practice of acupuncture, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (b) A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the former licensee, as a condition to reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the license was reinstated, plus the delinquency fee, if any, accrued at the time of its expiration. (Amended by Stats. 1994, Ch. 26, Sec. 181. Effective March 30, 1994.)
  6. 4970.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    This section sets the fees for licensed acupuncturists, foreign applicants, license renewals, wall and pocket licenses, and continuing education providers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4970. The amount of fees prescribed for licensed acupuncturists shall be those set forth in this section unless a lower fee is fixed by the board in accordance with Section 4972: (a) The application fee shall be two hundred fifty dollars ($250) and may be increased to not more than three hundred fifty dollars ($350). (b) The application fee for foreign applicants shall be three hundred fifty dollars ($350) and may be increased to not more than five hundred dollars ($500). (c) The examination and reexamination fees shall be eight hundred dollars ($800). (d) The initial license fee shall be five hundred dollars ($500), except that if the license will expire less than one year after its issuance, then the initial license fee shall be an amount equal to 50 percent of the initial license fee. The initial license fee shall include one wall license registration if a place of practice is specified in the application. (e) The renewal fee shall be five hundred dollars ($500) and may be increased to not more than seven hundred seventy-five dollars ($775) and, if a lower fee is fixed by the board, shall be an amount sufficient to support the functions of the board in the administration of this chapter. The board shall assess the renewal fee biennially. (f) The delinquency fee shall be set in accordance with Section 163.5. (g) The wall license fee shall be fifty dollars ($50). (h) The wall license renewal fee shall be fifty dollars ($50). (i) If a pocket license is lost or destroyed, the pocket license replacement fee is fifty dollars ($50). (j) The endorsement fee is one hundred dollars ($100). (k) If a wall license is lost or destroyed, the wall license replacement fee is fifty dollars ($50). (l) The approval fee for each provider of continuing education shall be five hundred dollars ($500) and may be increased to not more than seven hundred dollars ($700). (m) The biennial renewal approval fee for each provider of continuing education shall be five hundred dollars ($500) and may be increased to not more than seven hundred dollars ($700). (n) (1) Fees for continuing education course applications shall be assessed to the continuing education provider at a floor of ten dollars ($10) per hour of continuing education requested to offer, and a cap of twenty dollars ($20) per hour of continuing education requested to offer, allowing up to a maximum of 50 hours to be approved per course application. (2) Fees for course hours shall be prorated in one-half hour increments. (3) An approved course may be offered for a period of one year from the date of board course approval. (o) This section shall become operative on January 1, 2021. (Amended (as added by Stats. 2019, Ch. 308, Sec. 4) by Stats. 2020, Ch. 359, Sec. 5. (AB 3330) Effective January 1, 2021.)
  7. 4971.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    This section sets fees for acupuncture tutorial programs, including fees to supervise an acupuncture trainee, trainee application and renewal fees, and delinquency fees, with some amounts capped at higher maximums.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4971. (a) The amount of fees prescribed for acupuncture tutorial programs shall be as follows: (1) The application and registration fee to supervise an acupuncture trainee shall be one hundred dollars ($100) and may be increased to not more than two hundred dollars ($200). (2) The annual renewal fee for approval to supervise an acupuncture trainee shall be two hundred ($200) and may be increased to not more than five hundred dollars ($500). (3) The application fee for an acupuncture trainee shall be one thousand dollars ($1,000) and may be increased to not more than two thousand five hundred dollars ($2,500). (4) The annual renewal fee for an acupuncture trainee shall be five hundred dollars ($500) and may be increased to not more than six hundred dollars ($600). (5) The delinquency fee for a supervisor shall be set in accordance with Section 163.5. (6) The delinquency fee for an acupuncture trainee shall be one hundred dollars ($100) and may be increased to not more than two hundred dollars ($200). (b) This section shall become operative on January 1, 2021. (Repealed (in Sec. 6) and added by Stats. 2020, Ch. 359, Sec. 7. (AB 3330) Effective January 1, 2021. Section operative January 1, 2021, by it s own provisions.)
  8. 4972.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    The board must put its fixed fees into duly adopted regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4972. Fees fixed by the board shall be set forth in regulations duly adopted by the board. (Amended by Stats. 1999, Ch. 655, Sec. 80. Effective January 1, 2000.)
  9. 4974.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. )

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    The board must report monthly to the Controller the amount and source of revenue received under this chapter, and must pay that revenue to the Treasurer for deposit in the Acupuncture Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 6. Revenue [4970 - 4974] ( Article 6 added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## 4974. The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund is created to carry out the provisions of this chapter, upon appropriation by the Legislature. (Amended by Stats. 2016, Ch. 667, Sec. 7. (AB 2190) Effective January 1, 2017.)
  10. 4975.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. )

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    An acupuncture corporation may render professional services if it, and certain related acupuncturist personnel, comply with the listed statutes and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. ) ## 4975. An acupuncture corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are acupuncturists are in compliance with the Moscone-Knox Professional Corporation Act, this article and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With respect to an acupuncture corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Acupuncture Board. (Amended by Stats. 1999, Ch. 655, Sec. 82. Effective January 1, 2000.)
  11. 4976.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. )

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    Licensed persons under this chapter must not violate, attempt to violate, assist, abet, or conspire to violate the article, the Moscone-Knox Professional Corporation Act, or regulations adopted under those laws.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. ) ## 4976. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 2.2. Operative July 1, 1982, by Sec. 19 of Ch. 1314.)
  12. 4977.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. )

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    An acupuncture corporation must not engage in conduct that would be unprofessional conduct under Article 4, and it must follow statutes and regulations like a licensed person when practicing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. ) ## 4977. An acupuncture corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under Article 4 (commencing with Section 4955). In the conduct of its practice, it shall observe and be bound by statutes and regulations to the same extent as a person holding a license under this chapter. (Amended by Stats. 1999, Ch. 655, Sec. 83. Effective January 1, 2000.)
  13. 4977.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. )

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    An acupuncture corporation’s income from professional services performed while a shareholder is a disqualified person may not benefit that shareholder or the shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. ) ## 4977.1. The income of an acupuncture corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in Section 13401 of the Corporations Code) shall not in any manner accrue to the benefit of such shareholder or his or her shares in the acupuncture corporation. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 2.2. Operative July 1, 1982, by Sec. 19 of Ch. 1314.)
  14. 4977.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. )

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    Most directors, shareholders, and officers of an acupuncture corporation must be licensed persons, unless a stated exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. ) ## 4977.2. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of an acupuncture corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined by Section 13401 of the Corporations Code. (Amended by Stats. 2002, Ch. 714, Sec. 12. Effective January 1, 2003.)
  15. 4978.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. )

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    An acupuncture corporation’s name, and any other name it uses to provide professional services, must include “acupuncture” or “acupuncturist” and wording or abbreviations showing corporate status.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. ) ## 4978. The name of an acupuncture corporation and any name or names under which it may render professional services shall contain words “acupuncture” or “acupuncturist” and wording or abbreviations denoting corporate existence. (Repealed and added by Stats. 1980, Ch. 1314, Sec. 2.2. Operative July 1, 1982, by Sec. 19 of Ch. 1314.)
  16. 4979.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. )

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    The board may make and enforce regulations for acupuncture corporations, including rules about bylaws and patient claim security.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 12. Acupuncture [4925 - 4979] ( Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5. ) ## ARTICLE 7. Acupuncture Corporations [4975 - 4979] ( Article 7 repealed (by Sec. 19) and added by Stats. 1980, Ch. 1314, Sec. 2.2. ) ## 4979. The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including, but not limited to, regulations requiring (a) that the bylaws of an acupuncture corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within the time the regulations may provide, and (b) that an acupuncture corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Amended by Stats. 1999, Ch. 655, Sec. 84. Effective January 1, 2000.)
  17. 498.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 5. Examination Security [496 - 499] ( Chapter 5 added by Stats. 1983, Ch. 95, Sec. 2. )

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    A board may revoke, suspend, or otherwise restrict a license if the license was obtained by fraud, deceit, knowing misrepresentation of a material fact, or knowingly omitting a material fact.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 5. Examination Security [496 - 499] ( Chapter 5 added by Stats. 1983, Ch. 95, Sec. 2. ) ## 498. A board may revoke, suspend, or otherwise restrict a license on the ground that the licensee secured the license by fraud, deceit, or knowing misrepresentation of a material fact or by knowingly omitting to state a material fact. (Added by Stats. 1992, Ch. 1289, Sec. 8. Effective January 1, 1993.)
  18. 4980.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    Most people may not practice marriage and family therapy, or advertise related consulting services or titles, unless they have the required license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980. (a) (1) Many California families and many individual Californians are experiencing difficulty and distress and are in need of wise, competent, caring, compassionate, and effective counseling in order to enable them to improve and maintain healthy family relationships. (2) Healthy individuals and healthy families and healthy relationships are inherently beneficial and crucial to a healthy society and are our most precious and valuable natural resource. Licensed marriage and family therapists provide a crucial support for the well-being of the people and the State of California. (b) A person shall not engage in the practice of marriage and family therapy, as defined by Section 4980.02, unless the person holds a valid license as a marriage and family therapist pursuant to this chapter. (c) Except as provided in subdivision (d), a person shall not do either of the following without a license obtained pursuant to this chapter. (1) Advertise that the person performs the services of a marriage, family, child, domestic, or marital consultant. (2) Use the titles listed in paragraph (1) or any similar titles, including the letters “L.M.F.T.,” “M.F.T.,” or “M.F.C.C.,” or another name, word, initial, or symbol in connection with or following the person’s name to imply that the person performs the services suggested by those titles. (d) (1) A person licensed under Article 4 (commencing with Section 4996) of Chapter 14 or under Chapter 6.6 (commencing with Section 2900) may engage in the practice of marriage and family therapy and advertise that the person practices marriage and family therapy. (2) A person described in paragraph (1) shall not advertise that the person holds the marriage and family therapist’s license, including by using the letters “L.M.F.T.,” “M.F.T.,” or “M.F.C.C.,” or another name, word, initial, or symbol in connection with or following the person’s name to imply licensure as a marriage and family therapist, unless the person is licensed pursuant to this chapter. (Amended by Stats. 2023, Ch. 640, Sec. 1. (AB 232) Effective January 1, 2024.)
  19. 4980.01.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section limits who this chapter applies to and requires certain unlicensed or unregistered employees or volunteers to give clients a written notice and document that delivery.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.01. (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Clinical Social Worker Practice Act, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law. (b) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination when performing counseling services as part of their pastoral or professional duties, or to any person who is admitted to practice law in the state, or a physician and surgeon who provides counseling services as part of their professional practice. (c) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable if both of the following apply: (1) The work of the employee or volunteer is performed under the oversight and direction of the entity. (2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services or as soon as practicably possible thereafter, a notice written in at least 12-point type that is in substantially the following form: NOTICE TO CLIENTS The (name of office or unit) of the (name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered practitioner providing services at (name of agency). To file a complaint, contact (telephone number, email address, internet website, or mailing address of agency). The Board of Behavioral Sciences receives and responds to complaints regarding services provided by individuals licensed and registered by the board. If you have a complaint and are unsure if your practitioner is licensed or registered, please contact the Board of Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license verification feature by visiting www.bbs.ca.gov. (B) The delivery of the notice described in subparagraph (A) to the client shall be documented. (d) A marriage and family therapist licensed under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a health care provider subject to the provisions of Section 2290.5 pursuant to subdivision (b) of that section. (e) Notwithstanding subdivisions (b) and (c), all persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board. (Amended by Stats. 2025, Ch. 787, Sec. 51. (SB 775) Effective January 1, 2026.)
  20. 4980.02.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    This section defines the practice of marriage and family therapy and lists activities that count as that practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.02. (a) For the purposes of this chapter, the practice of marriage and family therapy shall mean the application of psychotherapeutic and family systems theories, principles, and methods in the delivery of services to individuals, couples, or groups in order to assess, evaluate, and treat relational issues, emotional disorders, behavioral problems, mental illness, alcohol and substance use, and to modify intrapersonal and interpersonal behaviors. (b) The application of marriage and family therapy principles and methods includes, but is not limited to, all of the following: (1) Assessment, evaluation, and prognosis. (2) Treatment, planning, and evaluation. (3) Individual, relationship, family, or group therapeutic interventions. (4) Relational therapy. (5) Psychotherapy. (6) Client education. (7) Clinical case management. (8) Consultation. (9) Supervision. (10) Use, application, and integration of the coursework and training required by Sections 4980.36, 4980.37, and 4980.41, as applicable. (c) The amendments to this section made by the act adding this subdivision do not constitute a change in, but are declaratory of, existing law. It is the intent of the Legislature that these amendments shall not be construed to expand or constrict the existing scope of practice of a person licensed pursuant to this chapter. (Amended by Stats. 2021, Ch. 647, Sec. 22. (SB 801) Effective January 1, 2022.)
  21. 4980.03.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    This section defines key terms used in the chapter, including Board, Associate, Trainee, Applicant for licensure, Advertising, Experience, Supervisor, Client centered advocacy, Accredited, and Approved.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.03. (a) “Board,” as used in this chapter, means the Board of Behavioral Sciences. (b) “Associate,” as used in this chapter, means an unlicensed person who has earned a master’s or doctoral degree qualifying the person for licensure and is registered with the board as an associate. (c) “Trainee,” as used in this chapter, means an unlicensed person who is currently enrolled in a master’s or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program. (d) “Applicant for licensure,” as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure. (e) “Advertising,” as used in this chapter, includes, but is not limited to, any public communication, as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter. (f) “Experience,” as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist. (g) “Supervisor,” as used in this chapter, means an individual who meets all of the following requirements: (1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following: (A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14. (B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology. (2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants. (3) Has received training in supervision as specified in this chapter and by regulation. (4) Has not provided therapeutic services to the supervisee. (5) Has and maintains a current and active license that is not under suspension or probation as one of the following: (A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board. (B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900). (C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology. (6) Is not a spouse, domestic partner, or relative of the supervisee. (7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision. (h) “Client centered advocacy,” as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services. (i) “Accredited,” as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education. (j) “Approved,” as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicant’s graduation from the school, college, or university. (Amended by Stats. 2025, Ch. 787, Sec. 52. (SB 775) Effective January 1, 2026.)
  22. 4980.04.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This chapter is known and may be cited as the Licensed Marriage and Family Therapist Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.04. This chapter shall be known and may be cited as the Licensed Marriage and Family Therapist Act. (Amended by Stats. 2012, Ch. 799, Sec. 24. (SB 1575) Effective January 1, 2013.)
  23. 4980.05.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Settings described in Section 4980.01 are generally exempt from this chapter and the board, but there are exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.05. The settings described in Section 4980.01 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 4980.01, and with the following exceptions: (a) Any individual working or volunteering in an exempt setting who is licensed or registered under this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter. (b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered an exempt setting unless it directly meets the criteria described in Section 4980.01. (Added by Stats. 2021, Ch. 747, Sec. 2. (AB 690) Effective January 1, 2022.)
  24. 4980.06.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    People practicing marriage and family therapy in nonexempt settings must have an active license or registration number, unless a stated trainee or associate-applicant exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.06. (a) For the purposes of this chapter, the following definitions apply: (1) “Nonexempt setting” means any type of setting that does not qualify as an exempt setting, as specified in Section 4980.01. (2) “Private practice” means a type of nonexempt setting that meets all of the following: (A) The practice is owned by a health professional who is licensed under this division either independently or jointly with one or more other health professionals who are licensed under this division. (B) The practice provides clinical mental health services, including psychotherapy, to clients. (C) One or more licensed health professionals are responsible for the practice and for the services provided and set conditions of client payment or reimbursement for the provision of services. (3) “Professional corporation” means a type of nonexempt setting and private practice that has been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code. (b) An active license or registration number shall be required to engage in the practice of marriage and family therapy, as defined in Section 4980.02, in nonexempt settings at all times with the following exceptions: (1) A trainee may engage in the practice of marriage and family therapy in a nonexempt setting that is not a private practice or a professional corporation while they are gaining supervised experience that meets the requirements of this chapter under the jurisdiction and supervision of their school as specified in Section 4980.42. (2) An applicant for registration as an associate may engage in the practice of marriage and family therapy in a nonexempt setting that is not a private practice or a professional corporation before the registration number is issued if they are in compliance with subdivision (b) of Section 4980.43 and are gaining supervised experience that meets the requirements of this chapter. (Added by Stats. 2021, Ch. 747, Sec. 3. (AB 690) Effective January 1, 2022.)
  25. 4980.08.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section renames certain counselor titles to marriage and family therapist titles, and says older title references are treated as references to the new titles.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.08. (a) The title “licensed marriage, family and child counselor” or “marriage, family and child counselor” is hereby renamed “licensed marriage and family therapist” or “marriage and family therapist,” respectively. Any reference in any statute or regulation to a “licensed marriage, family and child counselor” or “marriage, family and child counselor” shall be deemed a reference to a “licensed marriage and family therapist” or “marriage and family therapist.” (b) Nothing in this section shall be construed to expand or constrict the scope of practice of a person licensed pursuant to this chapter. (c) This section shall become operative July 1, 1999. (Added by Stats. 1998, Ch. 108, Sec. 1. Effective January 1, 1999. Section operative July 1, 1999, by its own provisions.)
  26. 4980.09.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section renames certain marriage and family therapist intern titles and updates related references, without changing scope of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.09. (a) (1) The title “marriage and family therapist intern” or “marriage and family therapist registered intern” is hereby renamed “associate marriage and family therapist” or “registered associate marriage and family therapist,” respectively. Any reference in statute or regulation to a “marriage and family therapist intern” or “marriage and family therapist registered intern” shall be deemed a reference to an “associate marriage and family therapist” or “registered associate marriage and family therapist.” (2) Any reference in this chapter to the term “intern” means “associate.” Any reference in statute or regulation to the abbreviation “MFTI” means an “AMFT.” (b) This section shall not be construed to expand or constrict the scope of practice of a person licensed or registered pursuant to this chapter. (Amended by Stats. 2017, Ch. 573, Sec. 4. (SB 800) Effective January 1, 2018.)
  27. 4980.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    This section says a person is practicing marriage and family therapy if they perform, offer to perform, or hold themselves out as able to perform that service for any form of payment, including donations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.10. A person engages in the practice of marriage and family therapy when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations. (Amended by Stats. 2011, Ch. 148, Sec. 1. (SB 274) Effective August 1, 2011.)
  28. 4980.11.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    An out-of-state licensed marriage and family therapist may provide services in California for up to 30 consecutive days in a calendar year if listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.11. (a) Notwithstanding Section 4980, a person who holds a license in another jurisdiction of the United States as a marriage and family therapist may provide marriage and family therapy services in this state for a period not to exceed 30 consecutive days in any calendar year, if all of the following conditions are met: (1) The license from another jurisdiction is at the highest level for independent clinical practice in the jurisdiction in which the license was granted. (2) The license from another jurisdiction is current, active, and unrestricted. (3) The client is located in California during the time the person seeks to provide care in California. (4) The client is a current client of the person and has an established, ongoing client-provider relationship with the person at the time the client became located in California. (5) The person informs the client of the limited timeframe of the services and that the person is not licensed in California. (6) The person provides the client with the Board of Behavioral Sciences’ internet website address. (7) The person informs the client of the jurisdiction in which the person is licensed and the type of license held and provides the client with the person’s license number. (b) A person who intends to provide marriage and family therapy services pursuant to this section shall provide the board with all of the following information before providing services: (1) The name under which the person is licensed in another jurisdiction, the person’s mailing address, the person’s phone number, the person’s social security number or individual taxpayer identification number, and the person’s electronic mailing address, if the person has an electronic mailing address. (2) The jurisdiction in which the person is licensed, the type of license held, and the license number. (3) The date on which the person will begin providing marriage and family therapy services to the person’s client in California. (c) A person who provides services pursuant to this section shall submit a signed statement, under penalty of perjury, acknowledging that they are subject to the jurisdiction of the board and agreeing to be bound by the laws of this state. (d) This section does not apply to any person licensed by the board whose license has been suspended or revoked. (e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 787, Sec. 53. (SB 775) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  29. 4980.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A person may not practice or advertise marriage and family therapy services unless they have applied to the board for a license, paid the required fee, and obtained the license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.30. Except as otherwise provided by this chapter, a person shall not practice, or advertise the performance of, marriage and family therapy services unless the person has applied to the board for a license, paid the license fee required by this chapter, and obtained a license from the board. (Amended by Stats. 2023, Ch. 640, Sec. 3. (AB 232) Effective January 1, 2024.)
  30. 4980.31.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A licensee must display their license in a conspicuous place at their primary place of practice when providing in-person professional clinical services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.31. A licensee shall display their license in a conspicuous place in the licensee’s primary place of practice when rendering professional clinical services in person. (Amended by Stats. 2024, Ch. 160, Sec. 1. (SB 1024) Effective January 1, 2025.)
  31. 4980.32.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Licensees or registrants must give clients a written notice in at least 12-point type before psychotherapy starts, or as soon as practicably possible after. The notice must be documented, and starting July 1, 2025 it must also include the provider’s name, license or registration number, type, and expiration date.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.32. (a) A licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services, or as soon as practicably possible thereafter, that reads as follows: NOTICE TO CLIENTS The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of marriage and family therapists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830. (b) On and after July 1, 2025, upon initiation of psychotherapy services with a client, the notice described in subdivision (a) shall also include the licensee’s or registrant’s full name as filed with the board, the license or registration number, the type of license or registration, and the license or registration expiration date. (c) Delivery of the notice required by this section to the client shall be documented. (Amended by Stats. 2024, Ch. 160, Sec. 2. (SB 1024) Effective January 1, 2025.)
  32. 4980.34.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board is intended to use its resources for licensing, examinations, enforcement, and consumer education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.34. It is the intent of the Legislature that the board employ its resources for each and all of the following functions: (a) The licensing of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists. (b) The development and administration of licensing examinations and examination procedures, as specified, consistent with prevailing standards for the validation and use of licensing and certification tests. Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession. (c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners. (d) Consumer education. (Amended by Stats. 2012, Ch. 799, Sec. 25. (SB 1575) Effective January 1, 2013.)
  33. 4980.35.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board must provide information, help schools meet curriculum requirements, notify applicants about application problems, and review and propose supervision rules for associates and trainees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.35. (a) The Legislature acknowledges that the basic obligation to provide a complete and accurate application for a marriage and family therapist license lies with the applicant. At the same time, the Legislature recognizes that an effort should be made by the board to ensure that persons who enter degree programs and supervisorial training settings that meet the requirements of this chapter are enabled to discern the requirements for licensing and to take the examination when they have completed their educational and experience requirements. (b) In order that the board, the educational institutions, and the supervisors who monitor the education and experience of applicants may develop greater cooperation, the board shall do all of the following: (1) Apply a portion of its limited resources specifically to the task of communicating information about its activities, the requirements and qualifications for licensure, and the practice of marriage and family therapy to the relevant educational institutions, supervisors, professional associations, applicants, trainees, associates, and the consuming public. (2) Develop policies and procedures to assist educational institutions in meeting the curricula requirements of Sections 4980.36 and 4980.37 and any regulations adopted pursuant to those sections, so that those educational institutions may better provide assurance to their students that the curriculum offered to fulfill the educational requirements for licensure will meet those requirements at the time of the student’s application for licensure. (3) Notify applicants in the application procedure when applications are incomplete, inaccurate, or deficient, and inform applicants of any remediation, reconsideration, or appeal procedures that may be applicable. (4) Undertake, or cause to be undertaken, further comprehensive review, in consultation with educational institutions, professional associations, supervisors, associates, and trainees, of the supervision of associates and trainees, which shall include, but not be limited to, the following, and shall propose regulations regarding the supervision of associates and trainees that may include, but not be limited to, the following: (A) Supervisor qualifications. (B) Continuing education requirements of supervisors. (C) Registration or licensing of supervisors, or both. (D) Responsibilities of supervisors in general. (E) The board’s authority in cases of noncompliance or negligence by supervisors. (F) The associate’s and trainee’s need for guidance in selecting well-balanced and high-quality professional training opportunities within his or her community. (G) The role of the supervisor in advising and encouraging his or her associate or trainee regarding the necessity or value and appropriateness of the associate or trainee engaging in personal psychotherapy, so as to enable the associate or trainee to become a more competent marriage and family therapist. (Amended by Stats. 2018, Ch. 743, Sec. 5. (AB 93) Effective January 1, 2019.)
  34. 4980.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants seeking licensure or registration must meet specified graduate degree and program requirements, and the board decides whether a degree satisfies them.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.36. (a) This section shall apply to the following: (1) Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete that study on or before December 31, 2018. (2) Applicants for licensure or registration who begin graduate study before August 1, 2012, and who graduate from a degree program that meets the requirements of this section. (3) Applicants for licensure or registration who begin graduate study on or after August 1, 2012. (b) To qualify for a license or registration, applicants shall possess a doctoral or master’s degree meeting the requirements of this section in marriage, family, and child counseling, marriage and family therapy, couple and family therapy, psychology, clinical psychology, counseling psychology, or either counseling or clinical mental health counseling with an emphasis in either marriage, family, and child counseling or marriage and family therapy. The degree shall be obtained from a school, college, or university approved by the Bureau for Private Postsecondary Education, or accredited by either the Commission on Accreditation for Marriage and Family Therapy Education, or a regional or national institutional accrediting agency that is recognized by the United States Department of Education. The board has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation or approval. (c) A doctoral or master’s degree program that qualifies for licensure or registration shall be a single, integrated program that does the following: (1) Integrate all of the following throughout its curriculum: (A) Marriage and family therapy principles. (B) The principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, among others. (C) An understanding of various cultures and the social and psychological implications of socioeconomic position, and an understanding of how poverty and social stress impact an individual’s mental health and recovery. (2) Allow for innovation and individuality in the education of marriage and family therapists. (3) Encourage students to develop the personal qualities that are intimately related to effective practice, including, but not limited to, integrity, sensitivity, flexibility, insight, compassion, and personal presence. (4) Permit an emphasis or specialization that may address any one or more of the unique and complex array of human problems, symptoms, and needs of Californians served by marriage and family therapists. (5) Provide students with the opportunity to meet with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery. (d) The degree described in subdivision (b) shall contain no less than 60 semester or 90 quarter units of instruction that includes, but is not limited to, the following requirements: (1) Both of the following: (A) No less than 12 semester or 18 quarter units of coursework in theories, principles, and methods of a variety of psychotherapeutic orientations directly related to marriage and family therapy and marital and family systems approaches to treatment and how these theories can be applied therapeutically with individuals, couples, families, adults, including elder adults, children, adolescents, and groups to improve, restore, or maintain healthy relationships. (B) Practicum that involves direct client contact, as follows: (i) A minimum of six semester or nine quarter units of practicum in a supervised clinical placement that provides supervised fieldwork experience. (ii) A minimum of 150 hours of face-to-face experience counseling individuals, couples, families, or groups. (iii) A student must be enrolled in a practicum course while counseling clients, except as specified in subdivision (c) of Section 4980.42. (iv) The practicum shall provide training in all of the following areas: (I) Applied use of theory and psychotherapeutic techniques. (II) Assessment, diagnosis, prognosis, and treatment planning. (III) Treatment of individuals and premarital, couple, family, and child relationships, including trauma and abuse, dysfunctions, healthy functioning, health promotion, illness prevention, and working with families. (IV) Professional writing, including documentation of services, treatment plans, and progress notes. (V) How to connect people with resources that deliver the quality of services and support needed in the community. (v) Educational institutions are encouraged to design the practicum required by this subparagraph to include marriage and family therapy experience in low income and multicultural mental health settings. (vi) In addition to the 150 hours required in clause (ii), 75 hours of either of the following, or a combination thereof: (I) Client centered advocacy, as defined in Section 4980.03. (II) Face-to-face experience counseling individuals, couples, families, or groups. (2) Instruction in all of the following: (A) Diagnosis, assessment, prognosis, treatment planning, and treatment of mental disorders, including severe mental disorders, evidence-based practices, psychological testing, psychopharmacology, and promising mental health practices that are evaluated in peer-reviewed literature. (B) Developmental issues from infancy to old age, including instruction in all of the following areas: (i) The effects of developmental issues on individuals, couples, and family relationships. (ii) The psychological, psychotherapeutic, and health implications of developmental issues and their effects. (iii) Aging and its biological, social, cognitive, and psychological aspects. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect. (iv) A variety of cultural understandings of human development. (v) The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position. (vi) The understanding of human behavior within the social context of a representative variety of the cultures found within California. (vii) The understanding of the impact that personal and social insecurity, social stress, low educational levels, inadequate housing, and malnutrition have on human development. (C) The broad range of matters and life events that may arise within marriage and family relationships and within a variety of California cultures, including instruction in all of the following: (i) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28, and any regulations promulgated thereunder. (ii) Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics. (iii) Cultural factors relevant to abuse of partners and family members. (iv) Childbirth, child rearing, parenting, and stepparenting. (v) Marriage, divorce, and blended families. (vi) Long-term care. (vii) End-of-life and grief. (viii) Poverty and deprivation. (ix) Financial and social stress. (x) Effects of trauma. (xi) The psychological, psychotherapeutic, community, and health implications of the matters and life events described in clauses (i) to (x), inclusive. (D) Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California. (E) Multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability, and their incorporation into the psychotherapeutic process. (F) The effects of socioeconomic status on treatment and available resources. (G) Resilience, including the personal and community qualities that enable persons to cope with adversity, trauma, tragedy, threats, or other stresses. (H) Human sexuality, including the study of physiological, psychological, and social cultural variables associated with sexual behavior and gender identity, and the assessment and treatment of psychosexual dysfunction. (I) Substance use disorders, co-occurring disorders, and addiction, including, but not limited to, instruction in all of the following: (i) The definition of substance use disorders, co-occurring disorders, and addiction. For purposes of this subparagraph, “co-occurring disorders” means a mental illness and substance abuse diagnosis occurring simultaneously in an individual. (ii) Medical aspects of substance use disorders and co-occurring disorders. (iii) The effects of psychoactive drug use. (iv) Current theories of the etiology of substance abuse and addiction. (v) The role of persons and systems that support or compound substance abuse and addiction. (vi) Major approaches to identification, evaluation, and treatment of substance use disorders, co-occurring disorders, and addiction, including, but not limited to, best practices. (vii) Legal aspects of substance abuse. (viii) Populations at risk with regard to substance use disorders and co-occurring disorders. (ix) Community resources offering screening, assessment, treatment, and follow up for the affected person and family. (x) Recognition of substance use disorders, co-occurring disorders, and addiction, and appropriate referral. (xi) The prevention of substance use disorders and addiction. (J) California law and professional ethics for marriage and family therapists, including instruction in all of the following areas of study: (i) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of marriage and family therapy. (ii) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of marriage and family therapy, including, but not limited to, family law. (iii) The current legal patterns and trends in the mental health professions. (iv) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or others, and the treatment of minors with and without parental consent. (v) A recognition and exploration of the relationship between a practitioner’s sense of self and human values and the practitioner’s professional behavior and ethics. (vi) The application of legal and ethical standards in different types of work settings. (vii) Licensing law and licensing process. (e) The degree described in subdivision (b) shall, in addition to meeting the requirements of subdivision (d), include instruction in case management, systems of care for the severely mentally ill, public and private services and supports available for the severely mentally ill, community resources for persons with mental illness and for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. This instruction may be provided either in credit level coursework or through extension programs offered by the degree-granting institution. (f) The changes made to law by this section are intended to improve the educational qualifications for licensure in order to better prepare future licentiates for practice, and are not intended to expand or restrict the scope of practice for marriage and family therapists. (Amended by Stats. 2021, Ch. 647, Sec. 24. (SB 801) Effective January 1, 2022.)
  35. 4980.37.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section sets education and practicum requirements for certain marriage and family therapist licensure or registration applicants, and gives the board authority to decide whether a degree qualifies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.37. (a) This section shall apply to applicants for licensure or registration who began graduate study before August 1, 2012, and completed that study on or before December 31, 2018. Those applicants may alternatively qualify under paragraph (2) of subdivision (a) of Section 4980.36. (b) To qualify for a license or registration, applicants shall possess a doctoral or master’s degree in marriage, family, and child counseling, marriage and family therapy, couple and family therapy, psychology, clinical psychology, counseling psychology, or either counseling or clinical mental health counseling with an emphasis in either marriage, family, and child counseling or marriage and family therapy. The degree shall be obtained from a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education or approved by the Bureau for Private Postsecondary Education. The board has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation or approval. In order to qualify for licensure pursuant to this section, a doctoral or master’s degree program shall be a single, integrated program primarily designed to train marriage and family therapists and shall contain no less than 48 semester units or 72 quarter units of instruction. This instruction shall include no less than 12 semester units or 18 quarter units of coursework in the areas of marriage, family, and child counseling, and marital and family systems approaches to treatment. The coursework shall include all of the following areas: (1) The salient theories of a variety of psychotherapeutic orientations directly related to marriage and family therapy, and marital and family systems approaches to treatment. (2) Theories of marriage and family therapy and how they can be utilized in order to intervene therapeutically with couples, families, adults, children, and groups. (3) Developmental issues and life events from infancy to old age and their effect on individuals, couples, and family relationships. This may include coursework that focuses on specific family life events and the psychological, psychotherapeutic, and health implications that arise within couples and families, including, but not limited to, childbirth, child rearing, childhood, adolescence, adulthood, marriage, divorce, blended families, stepparenting, abuse and neglect of older and dependent adults, and geropsychology. (4) A variety of approaches to the treatment of children. The board shall, by regulation, set forth the subjects of instruction required in this subdivision. (c) (1) In addition to the 12 semester or 18 quarter units of coursework specified in subdivision (b), the doctoral or master’s degree program shall contain not less than six semester units or nine quarter units of supervised practicum in applied psychotherapeutic technique, assessments, diagnosis, prognosis, treatment planning, and treatment of premarital, couple, family, and child relationships, including dysfunctions, healthy functioning, health promotion, and illness prevention, in a supervised clinical placement that provides supervised fieldwork experience within the scope of practice of a marriage and family therapist. (2) For applicants who enrolled in a degree program on or after January 1, 1995, the practicum shall include a minimum of 150 hours of face-to-face experience counseling individuals, couples, families, or groups. (3) The practicum hours shall be considered as part of the 48 semester or 72 quarter unit requirement. (d) As an alternative to meeting the qualifications specified in subdivision (b), the board shall accept as equivalent degrees those master’s or doctoral degrees granted by educational institutions whose degree program is approved by the Commission on Accreditation for Marriage and Family Therapy Education. (e) In order to provide an integrated course of study and appropriate professional training, while allowing for innovation and individuality in the education of marriage and family therapists, a degree program that meets the educational qualifications for licensure or registration under this section shall do all of the following: (1) Provide an integrated course of study that trains students generally in the diagnosis, assessment, prognosis, treatment planning, and treatment of mental disorders. (2) Prepare students to be familiar with the broad range of matters that may arise within marriage and family relationships. (3) Train students specifically in the application of marriage and family relationship counseling principles and methods. (4) Encourage students to develop those personal qualities that are intimately related to the counseling situation such as integrity, sensitivity, flexibility, insight, compassion, and personal presence. (5) Teach students a variety of effective psychotherapeutic techniques and modalities that may be utilized to improve, restore, or maintain healthy individual, couple, and family relationships. (6) Permit an emphasis or specialization that may address any one or more of the unique and complex array of human problems, symptoms, and needs of Californians served by marriage and family therapists. (7) Prepare students to be familiar with cross-cultural mores and values, including a familiarity with the wide range of racial and ethnic backgrounds common among California’s population, including, but not limited to, Blacks, Hispanics, Asians, and Native Americans. (f) Educational institutions are encouraged to design the practicum required by this section to include marriage and family therapy experience in low income and multicultural mental health settings. (Amended by Stats. 2021, Ch. 647, Sec. 25. (SB 801) Effective January 1, 2022.)
  36. 4980.38.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Educational institutions preparing applicants for registration or licensure must notify students in writing that the program is designed to meet Section 4980.36 or 4980.37, and must certify that notice to the board. Applicants must submit a school certification to the board showing their curriculum meets Section 4980.36 or 4980.37.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.38. (a) Each educational institution preparing applicants to qualify for registration or licensure shall notify each of its students by means of its public documents or otherwise in writing that its degree program is designed to meet the requirements of Section 4980.36 or 4980.37, and shall certify to the board that it has so notified its students. (b) An applicant for registration or licensure shall submit to the board a certification by the applicant’s educational institution that the institution’s required curriculum for graduation and any associated coursework completed by the applicant does one of the following: (1) Meets all of the requirements set forth in Section 4980.36. (2) Meets all of the requirements set forth in Section 4980.37. (Amended by Stats. 2025, Ch. 787, Sec. 54. (SB 775) Effective January 1, 2026.)
  37. 4980.39.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants whose education qualifies under Section 4980.37 must complete specified coursework in aging and long-term care before licensure, and the board may not issue a license until the section’s requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.39. (a) An applicant for licensure whose education qualifies him or her under Section 4980.37 shall complete, as a condition of licensure, a minimum of 10 contact hours of coursework in aging and long-term care, which may include, but is not limited to, the biological, social, and psychological aspects of aging. On and after January 1, 2012, this coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect. (b) Coursework taken in fulfillment of other educational requirements for licensure pursuant to this chapter, or in a separate course of study, may, at the discretion of the board, fulfill the requirements of this section. (c) In order to satisfy the coursework requirement of this section, the applicant shall submit to the board a certification from the chief academic officer of the educational institution from which the applicant graduated stating that the coursework required by this section is included within the institution’s required curriculum for graduation, or within the coursework, that was completed by the applicant. (d) The board shall not issue a license to the applicant until the applicant has met the requirements of this section. (Amended by Stats. 2018, Ch. 703, Sec. 30. (SB 1491) Effective January 1, 2019.)
  38. 4980.395.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants, certain licensees, and reactivation or reinstatement applicants must complete 3 hours of telehealth training that includes law and ethics.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.395. (a) On or after July 1, 2023, an applicant for licensure as a marriage and family therapist shall show, as part of the application, that they have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth. This requirement shall be met in one of the following ways: (1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution’s curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant. (2) Obtained by completing a continuing education course that meets the requirements of Section 4980.54. To satisfy this requirement, the applicant shall submit to the board a certification of completion. (b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023, shall have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth, using one of the methods specified in subdivision (a). (c) Proof of compliance with subdivision (b) shall be certified under penalty of perjury that they are in compliance with this section and shall be retained for submission to the board upon request. (Added by Stats. 2022, Ch. 520, Sec. 2. (AB 1759) Effective January 1, 2023.)
  39. 4980.396.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants and certain licensees must complete six hours of suicide risk assessment and intervention coursework or supervised experience, and applicants must submit supporting certifications to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.396. (a) On or after January 1, 2021, an applicant for licensure as a marriage and family therapist shall show, as part of the application, that they have completed a minimum of six hours of coursework or applied experience under supervision in suicide risk assessment and intervention. This requirement shall be met in one of the following ways: (1) Obtained as part of their qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution’s curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant. (2) Obtained as part of their applied experience. Applied experience can be met in any of the following settings: practicum or associateship that meets the requirement of this chapter, formal postdoctoral placement that meets the requirements of Section 2911, or other qualifying supervised experience. To satisfy this requirement, the applicant shall submit to the board a written certification from the director of training for the program or primary supervisor where the qualifying experience has occurred stating that the training required by this section is included within the applied experience. (3) By taking a continuing education course that meets the requirements of Section 4980.54. To satisfy this requirement, the applicant shall submit to the board a certification of completion. (b) As a one-time requirement, a licensee prior to the time of their first renewal after January 1, 2021, or an applicant for reactivation or reinstatement to an active license status on or after January 1, 2021, shall have completed a minimum of six hours of coursework or applied experience under supervision in suicide risk assessment and intervention, using one of the methods specified in subdivision (a). Proof of compliance with this section shall be certified under penalty of perjury that they are in compliance with this section and shall be retained for submission to the board upon request. (Amended by Stats. 2022, Ch. 511, Sec. 28. (SB 1495) Effective January 1, 2023.)
  40. 4980.397.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Certain marriage and family therapy registrants and applicants must pass required exams, and an associate therapist must take a law-and-ethics exam within the first year of registration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.397. (a) A registrant or 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 administered by the board or by a public or private organization, as specified by the board in regulations. (b) Upon registration with the board, an associate marriage and family therapist shall, within the first year of registration, take an examination on California law and ethics. (c) A registrant or an applicant for licensure 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. (Amended by Stats. 2025, Ch. 787, Sec. 55. (SB 775) Effective January 1, 2026.)
  41. 4980.398.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants must meet specified exam requirements to qualify for licensure, depending on which examinations they have already passed or failed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.398. (a) Each applicant who had previously taken and passed the standard written examination but had not passed the clinical vignette 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 obtained eligibility for the standard written examination shall take the California law and ethics examination and the clinical examination. (d) This section shall become operative on January 1, 2016. (Amended by Stats. 2013, Ch. 473, Sec. 23. (SB 821) Effective January 1, 2014. Section initially operative January 1, 2016, by its own provisions.)
  42. 4980.399.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants and registrants must pass a board-administered California law and ethics exam, and registrants must complete three hours of law-and-ethics continuing education each renewal period.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.399. (a) Except as provided in subdivision (a) of Section 4980.398, 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 before their registration renewal. (c) If an applicant fails the California law and ethics examination, they may retake the examination, upon payment of the required fees, without further application. (d) The board shall not issue a subsequent registration number unless the applicant has passed the California law and ethics examination. (e) A registrant shall complete a minimum of three hours of continuing education on the subject of California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination. The coursework shall be obtained from a board-accepted provider of continuing education, as specified in Section 4980.54. (Amended by Stats. 2022, Ch. 520, Sec. 3. (AB 1759) Effective January 1, 2023.)
  43. 4980.40.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    An applicant must meet listed qualification requirements to obtain licensure, and the board may not issue a registration or license to certain disqualified people.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.40. An applicant for licensure shall satisfy 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 supervised experience as specified in this chapter and its corresponding regulations. (d) Successfully pass a California law and ethics examination and a clinical examination, as specified in Section 4980.397. An applicant who has successfully passed a previously administered written examination may be subsequently required to take and pass another written examination. (e) Not be subject to 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, in accordance with Section 480. (Amended by Stats. 2025, Ch. 787, Sec. 56. (SB 775) Effective January 1, 2026.)
  44. 4980.41.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants for marriage and family therapist licensure must complete specified coursework or training before they can sit for the licensing exams.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.41. (a) An applicant for licensure whose education qualifies them under Section 4980.37 shall complete the following coursework or training in order to be eligible to sit for the licensing examinations as specified in Section 4980.397: (1) A two semester or three quarter unit course in California law and professional ethics for marriage and family therapists, which shall include, but not be limited to, the following areas of study: (A) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the profession’s scope of practice. (B) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of marriage and family therapy, including family law. (C) The current legal patterns and trends in the mental health profession. (D) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or others, and the treatment of minors with and without parental consent. (E) A recognition and exploration of the relationship between a practitioner’s sense of self and human values and their professional behavior and ethics. This course may be considered as part of the 48 semester or 72 quarter unit requirements contained in Section 4980.37. (2) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated thereunder. (3) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester or 72 quarter unit requirement contained in Section 4980.37. (4) For persons who began graduate study on or after January 1, 1986, a master’s or doctor’s degree qualifying for licensure shall include specific instruction in alcoholism and other chemical substance dependency as specified by regulation. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester or 72 quarter unit requirement contained in Section 4980.37. Coursework required under this paragraph may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. The applicant may satisfy this requirement by successfully completing this coursework from a master’s or doctoral degree program at an accredited or approved institution, as described in subdivision (b) of Section 4980.37, or from a board-accepted provider of continuing education, as described in Section 4980.54. (5) For persons who began graduate study during the period commencing on January 1, 1995, and ending on December 31, 2003, a master’s or doctor’s degree qualifying for licensure shall include coursework in spousal or partner abuse assessment, detection, and intervention. For persons who began graduate study on or after January 1, 2004, a master’s or doctor’s degree qualifying for licensure shall include a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this paragraph may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. The applicant may satisfy this requirement by successfully completing this coursework from a master’s or doctoral degree program at an accredited or approved institution, as described in subdivision (b) of Section 4980.37, or from a board-accepted provider of continuing education, as described in Section 4980.54. (6) For persons who began graduate study on or after January 1, 2001, an applicant shall complete a minimum of a two semester or three quarter unit survey course in psychological testing. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it may be considered as part of the 48 semester or 72 quarter unit requirement of Section 4980.37. (7) For persons who began graduate study on or after January 1, 2001, an applicant shall complete a minimum of a two semester or three quarter unit survey course in psychopharmacology. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it may be considered as part of the 48 semester or 72 quarter unit requirement of Section 4980.37. (b) The requirements added by paragraphs (6) and (7) of subdivision (a) are intended to improve the educational qualifications for licensure in order to better prepare future licentiates for practice and are not intended in any way to expand or restrict the scope of practice for licensed marriage and family therapists. (Amended by Stats. 2025, Ch. 787, Sec. 57. (SB 775) Effective January 1, 2026.)
  45. 4980.42.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Trainees may do certain supervised work and counseling under specified practicum and enrollment conditions, and schools must approve sites and keep written agreements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.42. (a) Trainees performing services in any work setting specified in Section 4980.43.3 may perform those activities and services as a trainee, provided that the activities and services constitute part of the trainee’s supervised course of study and that the person is designated by the title “trainee.” (b) Trainees subject to Section 4980.37 may gain hours of experience and counsel clients outside of the required practicum. This subdivision shall apply to hours of experience gained and client counseling provided on and after January 1, 2012. (c) Trainees subject to Section 4980.36 may gain hours of experience outside of the required practicum but must be enrolled in a practicum course to counsel clients. Trainees subject to Section 4980.36 may counsel clients while not enrolled in a practicum course if the period of lapsed enrollment is less than 90 calendar days, and if that period is immediately preceded by enrollment in a practicum course and immediately followed by enrollment in a practicum course or completion of the degree program. (d) All hours of experience gained pursuant to subdivisions (b) and (c) shall be subject to the other requirements of this chapter. (e) All hours of experience gained as a trainee shall be coordinated between the school and the site where the hours are being accrued. The school shall approve each site and shall have a written agreement with each site that details each party’s responsibilities, including the methods by which supervision shall be provided. The agreement shall provide for regular progress reports and evaluations of the student’s performance at the site. If an applicant has gained hours of experience while enrolled in an institution other than the one that confers the qualifying degree, it shall be the applicant’s responsibility to provide to the board satisfactory evidence that those hours of trainee experience were gained in compliance with this section. (Amended by Stats. 2018, Ch. 743, Sec. 9. (AB 93) Effective January 1, 2019.)
  46. 4980.43.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants generally need an active associate registration before earning postdegree supervised experience, and they cannot work or volunteer in private practice or a professional corporation until the board issues that registration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.43. (a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of supervised experience. (b) (1) Postdegree hours of experience gained before the issuance of an associate registration shall be credited toward licensure if all of the following apply: (A) The registration applicant applies for the associate registration and the board receives the application within 90 days of the granting of the qualifying master’s degree or doctoral degree. (B) For applicants completing graduate study on or after January 1, 2020, the experience is obtained at a workplace that, prior to the registration applicant gaining supervised experience hours, requires completed Live Scan fingerprinting. The applicant shall provide the board with a copy of that completed State of California “Request for Live Scan Service” form with the application for licensure. (C) The board subsequently grants the associate registration. (2) The applicant shall not be employed or volunteer in a private practice or a professional corporation until the applicant has been issued an associate registration by the board. (c) Supervised experience that is obtained for purposes of qualifying for licensure shall be related to the practice of marriage and family therapy and comply with the following: (1) A minimum of 3,000 hours completed during a period of at least 104 weeks. (2) A maximum of 40 hours in any seven consecutive days. (3) A minimum of 1,700 hours obtained after the qualifying master’s or doctoral degree was awarded. (4) A maximum of 1,300 hours obtained prior to the award date of the qualifying master’s or doctoral degree. (5) A maximum of 750 hours of counseling and direct supervisor contact prior to the award date of the qualifying master’s or doctoral degree. (6) Hours of experience shall not be gained prior to completing either 12 semester units or 18 quarter units of graduate instruction. (7) Hours of experience shall not have been gained more than six years prior to the date the application for licensure was received by the board, except that up to 500 hours of clinical experience gained in the supervised practicum required by subdivision (c) of Section 4980.37 and subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 shall be exempt from this six-year requirement. (8) A minimum of 1,750 hours of direct clinical counseling with individuals, groups, couples, or families, that includes not less than 500 total hours of experience in diagnosing and treating couples, families, and children. (9) A maximum of 1,200 hours gained under the supervision of a licensed educational psychologist providing educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14. (10) A maximum of 1,250 hours of nonclinical practice, consisting of direct supervisor contact, administering and evaluating psychological tests, writing clinical reports, writing progress or process notes, client-centered advocacy, and workshops, seminars, training sessions, or conferences directly related to marriage and family therapy that have been approved by the applicant’s supervisor. (11) It is anticipated and encouraged that hours of experience will include working with elders and dependent adults who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. This subdivision shall only apply to hours gained on and after January 1, 2010. (d) An individual who submits an application for licensure between January 1, 2016, and December 31, 2020, may alternatively qualify under the experience requirements of this section that were in place on January 1, 2015. (Amended by Stats. 2021, Ch. 747, Sec. 4. (AB 690) Effective January 1, 2022.)
  47. 4980.43.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Trainees, associates, and applicants for licensure must be under a supervisor’s supervision at all times.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.43.1. (a) All trainees, associates, and applicants for licensure shall be under the supervision of a supervisor at all times. (b) As used in this chapter, the term “supervision” means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following: (1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee. (2) Monitoring and evaluating the supervisee’s assessment, diagnosis, and treatment decisions and providing regular feedback. (3) Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where he or she is practicing and to the particular clientele being served. (4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or practitioner-patient relationship. (5) Ensuring the supervisee’s compliance with laws and regulations governing the practice of marriage and family therapy. (6) Reviewing the supervisee’s progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor. (7) With the client’s written consent, providing direct observation or review of audio or video recordings of the supervisee’s counseling or therapy, as deemed appropriate by the supervisor. (Added by Stats. 2018, Ch. 743, Sec. 11. (AB 93) Effective January 1, 2019.)
  48. 4980.43.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section sets supervision rules for marriage and family therapy experience, including minimum weekly direct supervisor contact, limits on credited supervision hours, documentation and confidentiality duties, and rules for videoconferencing supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.43.2. (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (10) of subdivision (c) of Section 4980.43, direct supervisor contact shall occur as follows: (1) Supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting. (2) A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of direct clinical counseling performed each week in each setting. For experience gained on or after January 1, 2009, no more than six hours of supervision, whether individual, triadic, or group, shall be credited during any single week. (3) An associate gaining experience who performs more than 10 hours of direct clinical counseling in a week in any setting shall receive at least one additional hour of direct supervisor contact for that setting. For experience gained on or after January 1, 2009, no more than six hours of supervision, whether individual, triadic, or group, shall be credited during any single week. (4) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic supervision, or a combination of both. (b) (1) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following: (A) Individual supervision, which means one hour of face-to-face contact between one supervisor and one person receiving supervision for providing clinical mental health services. (B) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two persons receiving supervision for providing clinical mental health services. (C) Group supervision, which means two hours of face-to-face contact between one supervisor and no more than eight persons receiving supervision for providing clinical mental health services. Segments of group supervision may be split into no less than one continuous hour. A supervisor shall ensure that the amount and degree of supervision is appropriate for each person in the group. (2) For purposes of this subdivision, “face-to-face contact” means in-person contact, contact via two-way, real-time videoconferencing, or some combination of these. (c) The supervisor shall be responsible for ensuring compliance with federal and state laws relating to confidentiality of patient health information. (d) (1) Within 60 days of the commencement of supervision, a supervisor shall conduct a meeting with the supervisee during which the supervisor shall assess the appropriateness of allowing the supervisee to receive supervision via two-way, real-time videoconferencing. This assessment of appropriateness shall include, but is not limited to, the abilities of the supervisee, the preferences of both the supervisee and supervisor, and the privacy of the locations of the supervisee and supervisor while supervision is conducted. (2) The supervisor shall document the results of the assessment made pursuant to paragraph (1), and shall not utilize supervision via two-way, real-time videoconferencing if their assessment finds it is not appropriate. (e) Direct supervisor contact shall occur within the same week as the hours claimed. (f) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements of this chapter. (g) Notwithstanding any other law, once the required number of experience hours are gained, associates and applicants for licensure shall receive a minimum of one hour of direct supervisor contact per week for each practice setting in which direct clinical counseling is performed. Once the required number of experience hours are gained, further supervision for nonclinical practice, as defined in paragraph (10) of subdivision (c) of Section 4980.43, shall be at the supervisor’s discretion. (Amended (as amended by Stats. 2024, Ch. 160, Sec. 3) by Stats. 2025, Ch. 787, Sec. 58. (SB 775) Effective January 1, 2026.)
  49. 4980.43.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Trainees, associates, and licensure applicants must work only as employees or volunteers, not independent contractors, and there are limits on where and how supervised experience counts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.43.3. (a) A trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. A trainee, associate, or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4980.02, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration. (1) If employed, an associate shall provide the board, upon application for licensure, with copies of the W-2 tax forms for each year of experience claimed. For experience gained during a tax year that has not ended by the date the associate’s application for licensure is received by the board, the associate shall provide the board with a copy of their most recent pay stub. (2) If volunteering, an associate shall provide the board, upon application for licensure, with a letter from the associate’s employer verifying the associate’s status as a volunteer during the dates the experience was gained. (b) (1) A trainee shall not perform services in a private practice or a professional corporation. A trainee may be credited with supervised experience completed in a setting that meets all of the following: (A) Is not a private practice or professional corporation. (B) Lawfully and regularly provides mental health counseling or psychotherapy. (C) Provides oversight to ensure that the trainee’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice for the profession, as defined in Section 4980.02. (2) Only experience gained in the position for which the trainee volunteers or is employed shall qualify as supervised experience. (c) (1) An associate may be credited with supervised experience completed in any setting that meets both of the following: (A) Lawfully and regularly provides mental health counseling or psychotherapy. (B) Provides oversight to ensure that the associate’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice for the profession, as defined in Section 4980.02. (2) Only experience gained in the position for which the associate volunteers or is employed shall qualify as supervised experience. (3) An applicant for registration as an associate shall not be employed or volunteer in a private practice or professional corporation until the applicant has been issued an associate registration by the board. (d) Any experience obtained under the supervision of a spouse, relative, or domestic partner shall not be credited toward the required hours of supervised experience. Any experience obtained under the supervision of a supervisor with whom the applicant has 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. (e) A trainee, associate, or applicant for licensure shall not receive any remuneration from patients or clients and shall only be paid by their employer, if an employee. (f) A trainee, associate, or applicant for licensure shall have no proprietary interest in their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employer. (g) A trainee, associate, or applicant for licensure who provides voluntary services in any lawful work setting and who only receives reimbursement for expenses actually incurred shall be considered an employee. The board may audit an applicant for licensure who receives reimbursement for expenses and the applicant for licensure shall have the burden of demonstrating that the payment received was for reimbursement of expenses actually incurred. (h) A trainee, associate, or applicant for licensure who receives a stipend or educational loan repayment from a program designed to encourage demographically underrepresented groups to enter the profession or to improve recruitment and retention in underserved regions or settings shall be considered an employee. The board may audit an applicant who receives a stipend or educational loan repayment and the applicant shall have the burden of demonstrating that the payment received was for the specified purposes. (i) An associate or a trainee may provide services via telehealth that are in the scope of practice outlined in this chapter. (j) Each educational institution preparing applicants pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage the supervisor’s associates and trainees regarding the advisability of undertaking individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, educational institutions and supervisors are encouraged to assist the applicant to locate counseling or psychotherapy at a reasonable cost. (Amended by Stats. 2025, Ch. 787, Sec. 60. (SB 775) Effective January 1, 2026.)
  50. 4980.43.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section limits where trainees, associates, and applicants for licensure may provide services, requires certain associates to be supervised, caps supervisors in nonexempt settings at six supervisees, and requires a written oversight agreement and site review in some cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.43.4. (a) A trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted. (b) An associate who is employed by or is volunteering in a private practice or a professional corporation shall be supervised by an individual who is both of the following: (1) Is employed by or contracted by the associate’s employer or is an owner of the private practice or professional corporation. (2) Either provides psychotherapeutic services to clients for the associate’s employer, or meets both of the following: (A) The supervisor and the associate’s employer have a written contract providing the supervisor the same access to the associate’s clinical records provided to employees of that employer. (B) The associate’s clients authorize the release of their clinical records to the supervisor. (c) At any one time, supervisors in nonexempt settings shall not serve as individual or triadic supervisors for more than a total of six persons who are not fully licensed at the highest level for independent clinical practice and who are receiving supervision for providing clinical mental health services in a nonexempt setting. (d) A written oversight agreement, as specified by the board by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be gaining experience to determine that the site or sites comply with the requirements of this chapter. (Amended by Stats. 2024, Ch. 160, Sec. 5. (SB 1024) Effective January 1, 2025.)
  51. 4980.43.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board may audit a supervisor’s records, and supervisors must keep qualification records for seven years after supervision ends and provide them to the board on request.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.43.5. The board may audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A supervisor shall maintain records of completion of the required supervisor qualifications for seven years after termination of the supervision and shall make these records available to the board for auditing purposes upon request. (Added by Stats. 2018, Ch. 743, Sec. 14. (AB 93) Effective January 1, 2019.)
  52. 4980.44.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Associate marriage and family therapists under this chapter must disclose their unlicensed status, registration number, employer name, and supervision to clients or patients before providing services, and advertisements must include specified identifying information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.44. An associate marriage and family therapist employed under this chapter shall comply with the following requirements: (a) Inform each client or patient prior to performing any mental health and related services that the person is an unlicensed registered associate marriage and family therapist, provide the person’s registration number and the name of the person’s employer, and indicate whether the person is under the supervision of a licensed marriage and family therapist, licensed clinical social worker, licensed professional clinical counselor, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed educational psychologist, or a licensed physician and surgeon certified in psychiatry by the American Board of Psychiatry and Neurology. (b) (1) Any advertisement by or on behalf of a registered associate marriage and family therapist shall include, at a minimum, all of the following information: (A) That the person is a registered associate marriage and family therapist. (B) The associate’s registration number. (C) The name of the person’s employer. (D) That the person is supervised by a licensed person. (2) The abbreviation “AMFT” shall not be used in an advertisement unless the title “registered associate marriage and family therapist” appears in the advertisement. (Amended by Stats. 2019, Ch. 321, Sec. 3. (AB 1651) Effective January 1, 2020.)
  53. 4980.46.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    A licensed marriage and family therapist who uses a fictitious business name must not use a false, misleading, or deceptive name, and must tell the patient the owner’s name and license designation before treatment begins.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.46. Any licensed marriage and family therapist who owns a business using a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice. (Amended by Stats. 2021, Ch. 747, Sec. 8. (AB 690) Effective January 1, 2022.)
  54. 4980.48.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    Marriage and family therapist trainees must disclose their status, employer, and supervision before providing professional services, and ads about trainee services must include specified identifying and supervision information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.48. (a) A trainee shall, prior to performing any professional services, inform each client or patient that the trainee is an unlicensed marriage and family therapist trainee, provide the name of the trainee’s employer, and indicate whether the trainee is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, a licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology, or a licensed educational psychologist. (b) Any person that advertises services performed by a trainee shall include the trainee’s name, the supervisor’s license designation or abbreviation, and the supervisor’s license number. (c) Any advertisement by or on behalf of a marriage and family therapist trainee shall include, at a minimum, all of the following information: (1) That the trainee is a marriage and family therapist trainee. (2) The name of the trainee’s employer. (3) That the trainee is supervised by a licensed person. (Amended by Stats. 2019, Ch. 321, Sec. 4. (AB 1651) Effective January 1, 2020.)
  55. 4980.49.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    Marriage and family therapists must keep client or patient health service records for at least seven years after therapy ends, with a different seven-year trigger for minors.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.49. (a) A marriage and family therapist shall retain a client’s or patient’s health service records for a minimum of seven years from the date therapy is terminated. If the client or patient is a minor, the client’s or patient’s health service records shall be retained for a minimum of seven years from the date the client or the patient reaches 18 years of age. Health service records may be retained in either a written or an electronic format. (b) This section shall apply only to the records of a client or patient whose therapy is terminated on or after January 1, 2015. (Added by Stats. 2014, Ch. 312, Sec. 1. (SB 578) Effective January 1, 2015.)
  56. 4980.50.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    Applicants for a marriage and family therapist license must be examined by the board, and the board has detailed rules about who can take, retake, and keep access to the clinical examination.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 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 Section 4980.397. 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 the candidate’s knowledge and professional skills and 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, 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 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 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) An applicant for licensure shall not be eligible to participate in the clinical examination if the applicant fails to obtain a passing score on the clinical examination within seven years from their initial attempt, unless the applicant takes and obtains a passing score on the current version of the California law and ethics examination. (h) A passing score on the clinical examination shall be accepted by the board for a period of seven years from the date the examination was taken. (i) An applicant for licensure who has qualified pursuant to this chapter shall be issued a license as a marriage and family therapist in the form that the board deems appropriate. (Amended by Stats. 2025, Ch. 787, Sec. 61. (SB 775) Effective January 1, 2026.)
  57. 4980.54.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board may not renew licenses or registrations unless the applicant or registrant meets specified continuing education requirements and certifications.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.54. (a) The Legislature recognizes that the education and experience requirements in this chapter constitute only minimal requirements to ensure that an applicant is prepared and qualified to take the licensure examinations as specified in Section 4980.397 and, if an applicant passes those examinations, to begin practice. (b) In order to continuously improve the competence of licensed and registered marriage and family therapists and as a model for all psychotherapeutic professions, the Legislature encourages all licensees and registrants to regularly engage in continuing education related to the profession or scope of practice as defined in this chapter. (c) (1) Except as provided in subdivision (f), the board shall not renew any license pursuant to this chapter unless the applicant certifies to the board, on a form prescribed by the board, that the applicant has completed not less than 36 hours of approved continuing education in or relevant to the field of marriage and family therapy in the preceding two years, as determined by the board. (2) The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a form prescribed by the board, that they have completed not less than three hours of continuing education on the subject of California law and ethics during the preceding year. (d) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request. (e) (1) In determining its continuing education requirements, the board shall consider including a course in menopausal mental health. (2) In determining its continuing education requirements, the board shall consider including a course in maternal mental health. (f) The board may establish exceptions from the continuing education requirements of this section for good cause, as defined by the board. (g) The continuing education shall be obtained from one of the following sources: (1) A school, college, or university that is accredited or approved, as defined in Section 4980.03. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program. (2) Other continuing education providers, as specified by the board by regulation. (h) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (g), shall adhere to procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section. (i) Training, education, and coursework by approved providers shall incorporate one or more of the following: (1) Aspects of the discipline that are fundamental to the understanding or the practice of marriage and family therapy. (2) Aspects of the discipline of marriage and family therapy in which significant recent developments have occurred. (3) Aspects of other disciplines that enhance the understanding or the practice of marriage and family therapy. (j) A system of continuing education for licensed marriage and family therapists shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served. (k) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166. (Amended by Stats. 2025, Ch. 787, Sec. 62. (SB 775) Effective January 1, 2026.)
  58. 4980.55.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Licensed marriage and family therapists are encouraged to give each client an accurate, informative statement about their experience, education, specialities, professional orientation, and other appropriate information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.55. As a model for all therapeutic professions, and to acknowledge respect and regard for the consuming public, all licensed marriage and family therapists are encouraged to provide to each client, at an appropriate time and within the context of the psychotherapeutic relationship, an accurate and informative statement of the therapist’s experience, education, specialities, professional orientation, and any other information deemed appropriate by the licensee. (Amended by Stats. 2014, Ch. 316, Sec. 21. (SB 1466) Effective January 1, 2015.)
  59. 4980.57.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board must require certain licensees to complete a continuing education course on spousal or partner abuse assessment, detection, and intervention during their first renewal period.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.57. (a) The board shall require a licensee who began graduate study prior to January 1, 2004, to take a continuing education course during his or her first renewal period after the operative date of this section in spousal or partner abuse assessment, detection, and intervention strategies, including community resources, cultural factors, and same gender abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken prior to the operative date of this section or proof of equivalent teaching or practice experience may be submitted to the board and at its discretion, may be accepted in satisfaction of this requirement. (b) Continuing education courses taken pursuant to this section shall be applied to the 36 hours of approved continuing education required under subdivision (c) of Section 4980.54. (Amended by Stats. 2007, Ch. 588, Sec. 61. Effective January 1, 2008.)
  60. 4980.60.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board may adopt rules and regulations for this chapter, including advertising and professional conduct rules, and licensed marriage and family therapists must follow the professional conduct rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.60. (a) The board may adopt those rules and regulations as may be necessary to enable it to carry into effect the provisions of this chapter. The adoption, amendment, or repeal of those rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The board may, by rules or regulations, adopt, amend, or repeal rules of advertising and professional conduct appropriate to the establishment and maintenance of a high standard of integrity in the profession, provided that the rules or regulations are not inconsistent with Section 4982. Every person who holds a license to practice marriage and family therapy shall be governed by the rules of professional conduct. (Amended by Stats. 2002, Ch. 1013, Sec. 31. Effective January 1, 2003.)
  61. 4980.70.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board may hire additional personnel needed to carry out this chapter, except as provided by Section 159.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.70. Except as provided by Section 159.5, the board may employ whatever additional personnel is necessary to carry out the provisions of this chapter. (Repealed and added by Stats. 1986, Ch. 1365, Sec. 4.)
  62. 4980.72.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board may issue a license to certain applicants with an out-of-state marriage and family therapist license if they meet listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.72. The board may issue a license to a person who, at the time of submitting an application for a license pursuant to this chapter, holds a license in another jurisdiction of the United States as a marriage and family therapist at the highest level for independent clinical practice if all of the following requirements are met: (a) The applicant’s license in the other jurisdiction has been current, active, and unrestricted in that jurisdiction for at least two years immediately before the date the application was received by the board. The applicant shall disclose to the board for review any past restrictions or disciplinary action on an out-of-state license, and the board shall consider these actions in determining whether to issue a license to the applicant. (b) The applicant’s degree that qualified the person for the out-of-state license is a master’s or doctoral degree that was obtained from an accredited or approved institution. (c) The applicant complies with the fingerprint requirements established by Section 144. (d) The applicant completes the coursework specified in paragraphs (1) and (2) from an accredited institution or an approved institution or from an acceptable provider of continuing education as specified in Section 4980.54. Undergraduate coursework shall not satisfy these requirements. (1) A minimum of 12 hours of coursework in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to clients, the application of legal and ethical standards in different types of work settings, and licensing law and the licensing process. (2) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position. (e) The applicant obtains a minimum of seven contact hours of training or coursework in child abuse assessment and reporting, as specified in Section 28, and any regulations promulgated pursuant to that section. (f) On or after January 1, 2021, the applicant shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4980.396. (g) The applicant passes the board-administered California law and ethics examination specified in Section 4980.397. The clinical examination specified in Section 4980.397 shall be waived for an applicant qualifying under this section. (h) This section was developed based on an examination of the licensure requirements for marriage and family therapists on a national level. This section shall not be construed to apply to any provisions under this division or Division 3 (commencing with Section 5000) other than this act. (Amended by Stats. 2025, Ch. 787, Sec. 63. (SB 775) Effective January 1, 2026.)
  63. 4980.74.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section lets the board count certain out-of-state education and experience toward licensure or registration, and it can let some out-of-state applicants skip the clinical exam if they meet specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.74. (a) This section applies to persons with education gained from an out-of-state school or experience gained outside of California who apply for licensure or registration and who do not qualify for a license under Section 4980.72. (b) The board shall accept education gained from an out-of-state school for purposes of satisfying licensure or registration requirements if the education is substantially equivalent, as defined in Section 4980.78, and the applicant complies with Section 4980.76, if applicable. The applicant’s degree title need not be identical to that required by Section 4980.36 or 4980.37. (c) The board shall accept experience gained outside of California for purposes of satisfying licensure or registration requirements if the experience is substantially equivalent to the experience required by this chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience, the board shall accept as qualifying supervised experience the amount of time the applicant held an active license in good standing in another state or country as a marriage and family therapist at the highest level for independent clinical practice at a rate of 100 hours per month, up to a maximum of 1,200 hours. (d) An applicant who obtained a license or registration in another state or country may qualify for licensure with the board without taking the clinical examination specified in Section 4980.397 if both of the following conditions are met: (1) The applicant obtained a passing score on the clinical licensing examination set forth in regulation as accepted by the board. (2) The applicant’s license or registration in that state or country is active, in good standing at the time of the application, and is not revoked, suspended, surrendered, denied, or otherwise restricted or encumbered. (Amended by Stats. 2025, Ch. 787, Sec. 64. (SB 775) Effective January 1, 2026.)
  64. 4980.76.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants for licensure or registration with a degree from outside the United States must give the board a NACES-member evaluation of the degree and any other documents the board requires.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.76. An applicant for licensure or registration with a degree obtained from an educational institution outside the United States shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and shall provide any other documentation the board deems necessary. (Added by Stats. 2009, Ch. 26, Sec. 17. (SB 33) Effective January 1, 2010.)
  65. 4980.78.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    This section sets education and coursework requirements for out-of-state applicants seeking licensure or registration, including specific unit counts, California law and ethics coursework, and a suicide risk assessment/intervention requirement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.78. (a) This section applies to persons with education gained from an out-of-state school who apply for licensure or registration and who do not qualify for a license under Section 4980.72. (b) For purposes of Section 4980.74, education is substantially equivalent if all of the following requirements are met: (1) The degree is obtained from an accredited institution or approved institution and consists of, at a minimum, the following: (A) (i) For an applicant who obtained a degree within the timeline prescribed by subdivision (a) of Section 4980.36, the degree shall contain no less than 60 semester units or 90 quarter units of instruction. (ii) Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate. (B) For an applicant who obtained a degree within the timeline prescribed by subdivision (a) of Section 4980.37, the degree shall contain no less than 48 semester units or 72 quarter units of instruction. (C) (i) Six semester units or nine quarter units of supervised practicum, including, but not limited to, a minimum of 150 hours of face-to-face experience counseling individuals, couples, families, or groups, and an additional 75 hours of either face-to-face experience counseling individuals, couples, families, or groups or client centered advocacy, or a combination of face-to-face experience counseling individuals, couples, families, or groups and client centered advocacy. (ii) An out-of-state applicant who holds a valid license in good standing in another state or country as a marriage and family therapist at the highest level for independent clinical practice is exempt from the practicum requirement specified in clause (i). (D) Twelve semester units or 18 quarter units in the areas of marriage, family, and child counseling and marital and family systems approaches to treatment, as specified in subparagraph (A) of paragraph (1) of subdivision (d) of Section 4980.36. (2) The applicant shall complete coursework in California law and ethics as follows: (A) An applicant who completed a course in law and professional ethics for marriage and family therapists as specified in paragraph (8) of subdivision (a) of Section 4980.81, that did not contain instruction in California law and ethics, shall complete a 12-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, the application of legal and ethical standards in different types of work settings, and licensing law and licensing process. The coursework shall be from an accredited institution, an approved institution, or from a continuing education provider identified as acceptable by the board pursuant to Section 4980.54. This coursework shall be completed before registration as an associate. (B) An applicant who has not completed a course in law and professional ethics for marriage and family therapists as specified in paragraph (8) of subdivision (a) of Section 4980.81 shall complete this required coursework. The coursework shall contain content specific to California law and ethics. This coursework shall be completed before registration as an associate. (3) The applicant completes the educational requirements specified in Section 4980.81 not already completed in the applicant’s education. The coursework shall be from an accredited institution, an approved institution, or from a continuing education provider that is identified as acceptable by the board pursuant to Section 4980.54. Undergraduate courses shall not satisfy this requirement. (4) The applicant completes the following coursework not already completed in the applicant’s education from an accredited institution, an approved institution, or from a continuing education provider that is identified as acceptable by the board pursuant to Section 4980.54. Undergraduate courses shall not satisfy this requirement. (A) At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery. (B) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position. (5) An applicant may complete any units and course content requirements required under paragraphs (3) and (4) not already completed in the applicant’s education while registered as an associate, unless otherwise specified. (6) On and after January 1, 2021, an applicant for licensure shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4980.396. (7) The applicant’s degree title need not be identical to that required by subdivision (b) of Section 4980.36. (Amended by Stats. 2019, Ch. 380, Sec. 5. (SB 679) Effective January 1, 2020.)
  66. 4980.81.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    Applicants for licensure or registration must complete specified education and training requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 1. Regulation [4980 - 4980.81] ( Article 1 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4980.81. This section applies to persons subject to Section 4980.78 who apply for licensure or registration. (a) For purposes of Section 4980.78, an applicant shall meet all of the following educational requirements: (1) A minimum of two semester units of instruction in the diagnosis, assessment, prognosis, treatment planning, and treatment of mental disorders, including severe mental disorders, evidence-based practices, and promising mental health practices that are evaluated in peer-reviewed literature. (2) At least one semester unit or 15 hours of instruction in psychological testing and at least one semester unit or 15 hours of instruction in psychopharmacology. (3) (A) Developmental issues from infancy to old age, including demonstration of at least one semester unit, or 15 hours, of instruction that includes all of the following subjects: (i) The effects of developmental issues on individuals, couples, and family relationships. (ii) The psychological, psychotherapeutic, and health implications of developmental issues and their effects. (iii) The understanding of the impact that personal and social insecurity, social stress, low educational levels, inadequate housing, and malnutrition have on human development. (B) An applicant who is deficient in any of these subjects may remediate the coursework by completing three hours of instruction in each deficient subject. (4) (A) The broad range of matters and life events that may arise within marriage and family relationships and within a variety of California cultures, including instruction in all of the following: (i) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated under that section. (ii) A minimum of 10 contact hours of coursework that includes all of the following: (I) The assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect. (II) Aging and its biological, social, cognitive, and psychological aspects. (III) Long-term care. (IV) End-of-life and grief. (iii) A minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics. (iv) Cultural factors relevant to abuse of partners and family members. (v) Childbirth, child rearing, parenting, and stepparenting. (vi) Marriage, divorce, and blended families. (vii) Poverty and deprivation. (viii) Financial and social stress. (ix) Effects of trauma. (x) The psychological, psychotherapeutic, community, and health implications of the matters and life events described in clauses (i) to (ix), inclusive. (5) At least one semester unit, or 15 hours, of instruction in multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability, and their incorporation into the psychotherapeutic process. (6) A minimum of 10 contact hours of training or coursework in human sexuality, as specified in Section 25 and any regulations promulgated under that section, including the study of physiological, psychological, and social cultural variables associated with sexual behavior and gender identity, and the assessment and treatment of psychosexual dysfunction. (7) A minimum of 15 contact hours of coursework in substance use disorders, and a minimum of 15 contact hours of coursework in co-occurring disorders and addiction. The following subjects shall be included in this coursework: (A) The definition of substance use disorders, co-occurring disorders, and addiction. For purposes of this subparagraph, “co-occurring disorders” means a mental illness and substance abuse diagnosis occurring simultaneously in an individual. (B) Medical aspects of substance use disorders and co-occurring disorders. (C) The effects of psychoactive drug use. (D) Current theories of the etiology of substance abuse and addiction. (E) The role of persons and systems that support or compound substance abuse and addiction. (F) Major approaches to identification, evaluation, and treatment of substance use disorders, co-occurring disorders, and addiction, including, but not limited to, best practices. (G) Legal aspects of substance abuse. (H) Populations at risk with regard to substance use disorders and co-occurring disorders. (I) Community resources offering screening, assessment, treatment, and followup for the affected person and family. (J) Recognition of substance use disorders, co-occurring disorders, and addiction, and appropriate referral. (K) The prevention of substance use disorders and addiction. (8) A minimum of a two semester or three quarter unit course in law and professional ethics for marriage and family therapists, including instruction in all of the following subjects: (A) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of marriage and family therapy. (B) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of marriage and family therapy, including, but not limited to, family law. (C) The current legal patterns and trends in the mental health professions. (D) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or others, and the treatment of minors with and without parental consent. (E) A recognition and exploration of the relationship between a practitioner’s sense of self and human values and their professional behavior and ethics. (F) The application of legal and ethical standards in different types of work settings. (G) Licensing law and licensing process. (Amended by Stats. 2021, Ch. 647, Sec. 29. (SB 801) Effective January 1, 2022.)
  67. 4982.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board may deny, suspend, or revoke a license or registration for unprofessional conduct, and may also decline to issue one after certain conviction-related conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4982. The board may deny a license or registration or may suspend or revoke the license or registration of a licensee or registrant if the licensee or registrant has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following: (a) The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. A conviction has the same meaning as defined in Section 7.5. The board may order any license or registration suspended or revoked, or may decline to issue a license or registration when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or, when an order granting probation is made suspending the imposition of sentence. All actions pursuant to this subdivision shall be taken pursuant to Division 1.5 (commencing with Section 475). (b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for licensure or registration submitted to the board, whether engaged in by an applicant for a license or registration, or by a licensee in support of any application for licensure or registration. (c) Administering to themselves any controlled substance or using of any of the dangerous drugs specified in Section 4022, or of any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person applying for a registration or license or holding a registration or license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a registration or license to conduct with safety to the public the practice authorized by the registration or license. The board shall deny an application for a registration or license or revoke the license or registration of any person, other than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the course of performing marriage and family therapy services. (d) Gross negligence or incompetence in the performance of marriage and family therapy. (e) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any regulation adopted by the board. (f) Misrepresentation as to the type or status of a license or registration held by the licensee or registrant or otherwise misrepresenting or permitting misrepresentation of the licensee’s or registrant’s education, professional qualifications, or professional affiliations to any person or entity. (g) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or, in the case of a licensee or registrant, allowing any other person to use the licensee’s or registrant’s license or registration. (h) Aiding or abetting, or employing, directly or indirectly, any unlicensed or unregistered person to engage in conduct for which a license or registration is required under this chapter. (i) Intentionally or recklessly causing physical or emotional harm to any client. (j) The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant. (k) Engaging in sexual relations with a client, or a former client within two years following termination of therapy, soliciting sexual relations with a client, or committing an act of sexual abuse, or sexual misconduct with a client, or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a marriage and family therapist. (l) Performing, or holding oneself out as being able to perform, or offering to perform, or permitting any trainee, registered associate, or applicant for licensure under supervision to perform, any professional services beyond the scope of the license authorized by this chapter. (m) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means. (n) Prior to the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed. (o) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. All consideration, compensation, or remuneration shall be in relation to professional counseling services actually provided by the licensee. This subdivision does not prevent collaboration among two or more licensees in a case or cases. However, a fee shall not be charged for that collaboration, except when disclosure of the fee has been made in compliance with subdivision (n). (p) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section 651. (q) Reproduction or description in public, or in any publication subject to general public distribution, of any psychological test or other assessment device, the value of which depends in whole or in part on the naivete of the subject, in ways that might invalidate the test or device. (r) Any conduct in the supervision of any registered associate, trainee, or applicant for licensure by any licensee that violates this chapter or any rules or regulations adopted by the board. (s) Performing or holding oneself out as being able to perform mental health services beyond the scope of one’s competence, as established by one’s education, training, or experience. This subdivision shall not be construed to expand the scope of the license authorized by this chapter. (t) Permitting a trainee, registered associate, or applicant for licensure under one’s supervision or control to perform, or permitting the trainee, registered associate, or applicant for licensure to hold themselves out as competent to perform, mental health services beyond the trainee’s, registered associate’s, or applicant for licensure’s level of education, training, or experience. (u) The violation of any statute or regulation governing the gaining and supervision of experience required by this chapter. (v) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered. (w) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal Code. (x) Failure to comply with the elder and dependent adult abuse reporting requirements of Section 15630 of the Welfare and Institutions Code. (y) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code. (z) Failure to comply with the procedures set forth in Section 2290.5 when delivering health care via telehealth. (aa) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of, the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code regardless of whether the act occurred prior to or after the time the registration or license was issued by the board. An act described in this subdivision occurring prior to the effective date of this subdivision shall constitute unprofessional conduct and shall subject the licensee to refusal, suspension, or revocation of a license under this section. (2) The Legislature hereby finds and declares that protection of the public, and in particular minors, from sexual misconduct by a licensee is a compelling governmental interest, and that the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the effective date of this section is equally important to protecting the public as is the ability to refuse a license for sexual conduct with a minor occurring prior to the effective date of this section. (ab) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administration of an examination as described in Section 123. (Amended by Stats. 2025, Ch. 787, Sec. 65. (SB 775) Effective January 1, 2026.)
  68. 4982.01.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The Board of Behavioral Sciences must require certain marriage and family therapist applicants to complete a fingerprint-based state and national criminal history background check.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4982.01. (a) The Board of Behavioral Sciences shall require an applicant for marriage and family therapist licensure or registration as an associate marriage and family therapist, as defined in Sections 4980, 4980.02, and 4980.03, to undergo a fingerprint-based state and national criminal history background check, pursuant to Section 144. (b) The board shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 15. (SB 160) Effective September 17, 2025.)
  69. 4982.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board may refuse to issue a registration or license if an applicant may be unable to practice safely because of mental illness or chemical dependency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4982.1. The board may refuse to issue any registration or license whenever it appears that an applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any denial of a license or registration pursuant to this section. (Added by Stats. 1992, Ch. 384, Sec. 4. Effective January 1, 1993.)
  70. 4982.15.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. )

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    The board may put certain licenses or registrations on probation and may require monitoring, extra training, an exam, and payment of related costs or fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4982.15. (a) The board may place a license or registration on probation under the following circumstances: (1) In lieu of, or in addition to, any order of the board suspending or revoking the license or registration of any licensee or associate. (2) Upon the issuance of a license to an individual who has been guilty of unprofessional conduct, but who had otherwise completed all education and training and experience required for licensure. (3) As a condition upon the reissuance or reinstatement of any license that has been suspended or revoked by the board. (b) The board may adopt regulations establishing a monitoring program to ensure compliance with any terms or conditions of probation imposed by the board pursuant to subdivision (a). The cost of probation or monitoring may be ordered to be paid by the licensee, registrant, or applicant. (c) The board, in its discretion, may require any licensee or registrant who has been placed on probation, or whose license or registration has been suspended, to obtain additional professional training, and to pass an examination upon completion of that training, and to pay any necessary examination fee. The examination may be written, oral, or a practical or clinical examination. (Amended by Stats. 2018, Ch. 743, Sec. 21. (AB 93) Effective January 1, 2019.)
  71. 4982.25.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board may deny an application, or suspend or revoke a license or registration under this chapter, if the section’s listed grounds are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4982.25. The board may deny an application, or may suspend or revoke a license or registration issued under this chapter, for any of the following: (a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory or possession of the United States, or by any other governmental agency, on a license, certificate, or registration to practice marriage and family therapy, or any other healing art, shall constitute unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action. (b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice as a marriage and family therapist, clinical social worker, professional clinical counselor, or educational psychologist shall also constitute grounds for disciplinary action for unprofessional conduct against the licensee or registrant under this chapter. (Amended by Stats. 2011, Ch. 350, Sec. 31. (SB 943) Effective January 1, 2012.)
  72. 4982.26.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board must revoke a license when a required decision finds the licensee or registrant engaged in sexual contact with a patient, or with a former patient in the stated circumstance, and the revocation cannot be stayed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4982.26. The board shall revoke any license issued under this chapter upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 729, when that act is with a patient, or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board. (Amended by Stats. 2005, Ch. 658, Sec. 20. Effective January 1, 2006.)
  73. 4982.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    Proceedings under this article must follow Chapter 5 of the Government Code.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 2. Denial, Suspension, and Revocation [4982 - 4982.3] ( Article 2 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4982.3. The proceedings conducted under this article shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Repealed and added by Stats. 1986, Ch. 1365, Sec. 4.)
  74. 4983.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 3. Penalties [4983 - 4983.1] ( Article 3 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A person who violates this chapter commits a misdemeanor and may be punished by up to six months in county jail, a fine up to $2,500, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 3. Penalties [4983 - 4983.1] ( Article 3 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4983. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both. (Repealed and added by Stats. 1986, Ch. 1365, Sec. 4.)
  75. 4983.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 3. Penalties [4983 - 4983.1] ( Article 3 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A court may issue an injunction or similar order to stop conduct that is, or is about to be, an offense under this chapter, if the board, Attorney General, or county district attorney applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 3. Penalties [4983 - 4983.1] ( Article 3 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4983.1. In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, an offense against this chapter, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining such conduct on application of the board, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Repealed and added by Stats. 1986, Ch. 1365, Sec. 4.)
  76. 4984.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    Licenses under this chapter expire within 24 months of issue, and a licensee must renew on time by filing the board form, paying the renewal fee, certifying continuing education compliance, and reporting certain convictions or disciplinary actions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984. (a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The expiration date of the original license shall be set by the board. (b) To renew an unexpired license, the licensee, on or before the expiration date of the license, shall do all of the following: (1) Apply for a renewal on a form prescribed by the board. (2) Pay a two-year renewal fee prescribed by the board. (3) Certify compliance with the continuing education requirements set forth in Section 4980.54. (4) 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 licensee’s last renewal. (Amended by Stats. 2000, Ch. 836, Sec. 35. Effective January 1, 2001.)
  77. 4984.01.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    An associate marriage and family therapist registration expires one year after issuance, and renewal requires several steps before the expiration date.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.01. (a) The associate marriage and family therapist 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 they have been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken against them by a regulatory or licensing board in this or any other state subsequent to the last renewal of the registration. (5) Certify under penalty of perjury their compliance with the continuing education requirements set forth in Section 4980.54. (c) An expired registration may be renewed by completing all of the actions described in paragraphs (1) to (5), inclusive, of subdivision (b). (d) 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 subsequent associate registration number if the applicant meets the educational requirements for a subsequent associate registration number and has passed the California law and ethics examination. An applicant who is issued a subsequent associate registration number pursuant to this subdivision shall not be employed or volunteer in a private practice. (Amended by Stats. 2022, Ch. 520, Sec. 5. (AB 1759) Effective January 1, 2023.)
  78. 4984.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A licensee may renew a license within three years after expiration if the required Section 4984(b) actions are completed and any delinquency fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.1. A licensee may renew a license at any time within three years after its expiration by completing all of the actions described in subdivision (b) of Section 4984 and paying any delinquency fees. (Amended by Stats. 2007, Ch. 588, Sec. 66. Effective January 1, 2008.)
  79. 4984.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A suspended license can expire and must be renewed under this article, but renewal does not allow the licensee to keep doing the licensed activity while the suspension remains in effect.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.2. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended. (Repealed and added by Stats. 1986, Ch. 1365, Sec. 4.)
  80. 4984.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A revoked license can expire under this article, cannot be renewed, and if reinstated after expiration the licensee must pay a reinstatement fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.3. A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. (Repealed and added by Stats. 1986, Ch. 1365, Sec. 4.)
  81. 4984.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A license not renewed within three years after expiration cannot be renewed, restored, reinstated, or reissued. The former licensee may instead apply for a new license if stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.4. A license that is not renewed within three years after its expiration shall not be renewed, restored, reinstated, or reissued; however, the former licensee may apply for and obtain a new license if the following criteria are satisfied: (a) No fact, circumstance, or condition exists that, if the license were issued, would constitute grounds for its revocation or suspension. (b) He or she submits an application for licensure and the fee for that application. (c) He or she takes and passes the current licensing examinations. (d) He or she submits the fee for initial license issuance. (e) He or she complies with the fingerprint requirements established by board regulation. (Amended by Stats. 2017, Ch. 573, Sec. 7. (SB 800) Effective January 1, 2018.)
  82. 4984.41.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board must issue a retired license to qualifying marriage and family therapists, and retired-license holders may not do work that requires an active license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.41. (a) (1) The board shall issue, upon submission of a completed application as prescribed by this section and payment of the fee fixed by this chapter, a retired license to a marriage and family therapist who holds a license that is current and active or a license that is inactive, and whose license is not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter. (2) A marriage and family therapist license that has expired shall be issued a retired license by the board upon submission of a completed application as prescribed by this section and payment of the fee fixed by this chapter if both of the following requirements are met: (A) The license expired within three years from the date of the board’s receipt of a completed application. (B) Immediately preceding the license expiration, and after the license expiration, the license was not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter. (3) For purposes of this section, “subject to disciplinary action” shall mean that the licensee had an unsatisfied cost recovery, fine or restitution order, an accusation or petition to revoke probation that has been served on the licensee alleging violations of their probation or the chapter, or an unresolved complaint or investigation pending with the board. (b) To apply for a retired license, the applicant shall submit a completed application to the board providing all of the following information: (1) Full name as filed with the board. (2) Board license type, license number, and expiration date. (3) Date of birth. (4) Social security number or individual taxpayer identification number. (5) A statement signed under penalty of perjury that the information provided on the application is true and correct, that the applicant understands that the holder of a retired license may not engage in any activity for which the active license was issued, and that the applicant hereby requests their license to be changed to retired status. (c) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active marriage and family therapist license is required. (d) The holder of a retired license shall utilize their professional title only with the unabbreviated word “retired” directly preceding or directly following the professional title. (e) The holder of a retired license shall not be required to renew that license. (f) The holder of a retired license may apply to restore to active status their license to practice marriage and family therapy if that retired license was issued less than three years prior to the date the application to restore the retired license is received by the board. A retired license may be restored to active status one time only. To restore a retired license to active status, the applicant shall meet all of the following requirements: (1) Submit a completed application to the board containing all of the following information: (A) Full name as filed with the board. (B) Original board license type and original license number and expiration date. (C) Date of birth. (D) Social security number or individual taxpayer identification number. (E) Whether they have 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 issuance of the retired license. (F) A statement signed under penalty of perjury that the information provided on the application is true and correct, that the applicant did not engage in any activity for which an active license is required while the license was in retired status, and that the applicant hereby requests their license to be changed to “active” status. (2) Has not committed an act or crime constituting grounds for denial of licensure. (3) Pays the renewal fee required by this chapter. (4) Completes the required continuing education as specified in Section 4980.54. (5) Complies with the fingerprint submission requirements established in Section 144. (g) An applicant requesting to restore their license pursuant to subdivision (f) whose retired license was issued in accordance with this section less than one year from the date the application to restore the retired license is received by the board shall complete 18 hours of continuing education taken within the two years prior to the date the application to restore the retired license is received by the board. This coursework shall include a minimum of six hours in the subject of California law and ethics. (h) An applicant requesting to restore their license pursuant to subdivision (f) whose retired license was issued in accordance with this section one or more years from the date the application to restore the retired license is received by the board shall complete 36 hours of continuing education taken within the two years prior to the date the application to restore the retired license is received by the board. This coursework shall include a minimum of six hours in the subject of California law and ethics. (i) A retired license that was issued three or more years prior shall not be restored. The holder of the retired license may apply for and obtain a new license if all of the following criteria are satisfied: (1) Has not committed an act or crime constituting grounds for denial of licensure. (2) Applies for licensure and pays the fee required by this chapter. (3) Passes the examinations required for licensure. (4) Complies with the fingerprint submission requirements established in Section 144. (Amended by Stats. 2025, Ch. 787, Sec. 67. (SB 775) Effective January 1, 2026.)
  83. 4984.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board must report monthly to the Controller the amount and source of revenue received under this chapter and pay that revenue into the State Treasury for the Behavioral Sciences Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.5. The board shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Behavioral Sciences Fund. (Amended by Stats. 1996, Ch. 829, Sec. 87. Effective January 1, 1997.)
  84. 4984.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board must assess specified licensure and examination fees for marriage and family therapists, and it may raise some of those fees by regulation up to stated maximums.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 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 associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300). (2) The annual renewal fee for an associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300). (3) The fee for the application for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500). (4) (A) (i) The fee for the board-administered clinical examination, if the board chooses to adopt this examination in regulations, shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500). If the board chooses to adopt an examination administered by a public or private organization, as specified by the board in regulations, then the examination fee shall be determined by, and paid directly to, that organization. (ii) The fee for the California law and ethics examination shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300). (B) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fee. (C) 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 the issuance of an initial license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400). (7) The fee for the two-year license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400). (8) The renewal delinquency fee shall be one-half of the fee for license renewal. A person who permits their 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) This section shall become operative on January 1, 2021. (Amended by Stats. 2025, Ch. 787, Sec. 68. (SB 775) Effective January 1, 2026.)
  85. 4984.72.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    An applicant who fails the clinical exam may retake it within one year after notice of failure, but must pay the exam fee and then cannot re-examine without a new application after that period.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.72. (a) Effective January 1, 2016, 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, 2016. (Amended (as amended by Stats. 2012, Ch. 799, Sec. 44) by Stats. 2013, Ch. 473, Sec. 35. (SB 821) Effective January 1, 2014. Section operative January 1, 2016, by its own provisions.)
  86. 4984.75.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    The board must collect an extra $20 fee at each license renewal and send it to the Controller, who must deposit it into the Mental Health Practitioner Education Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.75. (a) In addition to the fees charged pursuant to Section 4984.7 for the biennial renewal of a license pursuant to Section 4984, the board shall collect an additional fee of twenty dollars ($20) at the time of renewal. The board shall transfer this amount to the Controller who shall deposit the funds in the Mental Health Practitioner Education Fund. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 3) and added by Stats. 2017, Ch. 557, Sec. 4. (AB 1188) Effective October 7, 2017. Section operative July 1, 2018, by its own provisions.)
  87. 4984.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A licensee may ask the board to place the license on inactive status. An inactive licensee must follow this chapter, may not practice marriage and family therapy in the state, must pay a reduced biennial fee, and is exempt from continuing education. To return to active status, the licensee may request restoration, with extra fee and continuing education requirements depending on timing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.8. (a) A licensee may apply to the board to request that his or her license be placed on inactive status. (b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of marriage and family therapy in this state. (c) A licensee who holds an inactive license shall pay a biennial fee in the amount of one-half of the standard renewal fee and shall be exempt from continuing education requirements. (d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of licensure may, upon request, restore his or her license to practice marriage and family therapy to active status. (1) A licensee requesting to restore his or her license to active status between renewal cycles shall pay the remaining one-half of his or her renewal fee. (2) A licensee requesting to restore his or her license to active status, whose license will expire less than one year from the date of the request, shall complete 18 hours of continuing education as specified in Section 4980.54. (3) A licensee requesting to restore his or her license to active status, whose license will expire more than one year from the date of the request, shall complete 36 hours of continuing education as specified in Section 4980.54. (Amended by Stats. 2010, Ch. 653, Sec. 43. (SB 1489) Effective January 1, 2011.)
  88. 4984.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. )

    Verify source ↗

    A licensee or registrant must tell the board about a name change in writing, include the old and new names, submit it within 30 days after getting new government-issued photo ID, certify it under penalty of perjury, and attach copies of specified ID and name-change documents.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 4. Revenue [4984 - 4984.9] ( Article 4 added by Stats. 1986, Ch. 1365, Sec. 4. ) ## 4984.9. A licensee or registrant shall give written notice to the board of a name change, giving both the old and new names. The written notice shall be submitted to the board within 30 days of the issuance of a new government-issued photographic identification. The licensee or registrant shall certify the information by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice: (a) A current government-issued photographic identification. (b) The legal document authorizing the name change, such as a court order or a marriage certificate. (Amended by Stats. 2017, Ch. 573, Sec. 9. (SB 800) Effective January 1, 2018.)
  89. 4987.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. )

    Verify source ↗

    A marriage and family therapy corporation may render professional services if it and its related shareholders, officers, directors, and employees comply with the stated corporate law requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. ) ## 4987.5. A marriage and family therapy corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and any other statute or regulation pertaining to that corporation and the conduct of its affairs. With respect to a marriage and family therapy corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Board of Behavioral Sciences. (Amended by Stats. 2021, Ch. 647, Sec. 32. (SB 801) Effective January 1, 2022.)
  90. 4987.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. )

    Verify source ↗

    Licensed persons must not violate, attempt to violate, help violate, or conspire to violate this article, the Moscone-Knox Professional Corporation Act, or regulations adopted under those laws.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. ) ## 4987.6. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or any regulations duly adopted under those laws. (Repealed and added by Stats. 1999, Ch. 657, Sec. 7. Effective January 1, 2000.)
  91. 4987.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. )

    Verify source ↗

    A marriage and family therapy corporation must use a qualifying corporate name, and if it operates under a fictitious business name it must not use a false or misleading name and must tell the patient before treatment starts that the business is a marriage and family therapy corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. ) ## 4987.7. The name of a marriage and family therapy corporation shall contain one or more of the words “marriage,” “family,” or “child” together with one or more of the words “counseling,” “counselor,” “therapy,” or “therapist,” and wording or abbreviations denoting corporate existence. A marriage and family therapy corporation that conducts business under a fictitious business name shall not use any name that is false, misleading or deceptive, and shall inform the patient, prior to the commencement of treatment, that the business is conducted by a marriage and family therapy corporation. (Amended by Stats. 2004, Ch. 204, Sec. 6. Effective January 1, 2005.)
  92. 4987.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. )

    Verify source ↗

    Each director, shareholder, and officer of a marriage and family therapy corporation must be a licensed person, except as provided in Section 13403 of the Corporations Code.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. ) ## 4987.8. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a marriage and family therapy corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act. (Amended by Stats. 2002, Ch. 1013, Sec. 43. Effective January 1, 2003.)
  93. 4988.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. )

    Verify source ↗

    Income of a marriage and family therapy corporation earned while a shareholder is a disqualified person must not benefit that shareholder or the shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. ) ## 4988. The income of a marriage and family therapy corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Moscone-Knox Professional Corporation Act) shall not in any manner accrue to the benefit of that shareholder or his or her shares in the marriage and family therapy corporation. (Amended by Stats. 2002, Ch. 1013, Sec. 44. Effective January 1, 2003.)
  94. 4988.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. )

    Verify source ↗

    A marriage and family therapy corporation must not engage in conduct that would count as unprofessional conduct, and it must follow the same statutes, rules, and regulations as a licensed marriage and family therapist when conducting its practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. ) ## 4988.1. A marriage and family therapy corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by statutes, rules and regulations to the same extent as a person holding a license as a marriage and family therapist. (Amended by Stats. 2002, Ch. 1013, Sec. 45. Effective January 1, 2003.)
  95. 4988.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. )

    Verify source ↗

    The board may make and enforce rules for these corporations, and a marriage and family therapy corporation must include stock-transfer language and provide insurance or other adequate security for patient claims.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 6. Marriage and Family Therapy Corporations [4987.5 - 4988.2] ( Heading of Article 6 amended by Stats. 2004, Ch. 204, Sec. 5. ) ## 4988.2. The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring (a) that the articles of incorporation or bylaws of a marriage and family therapy corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in the Moscone-Knox Professional Corporation Act), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within the time that rules and regulations may provide, and (b) that a marriage and family therapy corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Amended by Stats. 2002, Ch. 1013, Sec. 46. Effective January 1, 2003.)
  96. 4989.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 7. Review [4989- 4989.] ( Article 7 added by Stats. 1994, Ch. 908, Sec. 37. )

    Verify source ↗

    The board’s powers and duties are subject to review under Division 1.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13. Licensed Marriage and Family Therapists [4980 - 4989] ( Heading of Chapter 13 amended by Stats. 2014, Ch. 316, Sec. 14. ) ## ARTICLE 7. Review [4989- 4989.] ( Article 7 added by Stats. 1994, Ch. 908, Sec. 37. ) ## 4989. The powers and duties of the board, as set forth in this chapter, shall be subject to the review required by Division 1.2 (commencing with Section 473). The review shall be performed as if this chapter were scheduled to become inoperative on July 1, 2005, and would be repealed as of January 1, 2006, as described in Section 473.1. (Amended by Stats. 1998, Ch. 589, Sec. 11. Effective January 1, 1999.)
  97. 4989.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. )

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    This chapter may be cited as the Educational Psychologist Practice Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.10. This chapter shall be known, and may be cited as, the Educational Psychologist Practice Act. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  98. 4989.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. )

    Verify source ↗

    The Board of Behavioral Sciences must administer and enforce this chapter, and for this chapter it is called “the board.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.12. The Board of Behavioral Sciences shall administer and enforce the provisions of this chapter. For the purposes of this chapter it shall be designated as the board. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  99. 4989.13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. )

    Verify source ↗

    A person is treated as engaging in educational psychology when they perform, offer to perform, or hold themselves out as able to perform the service for any form of remuneration, including donations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.13. A person engages in the practice of educational psychology when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations. (Added by Stats. 2011, Ch. 148, Sec. 2. (SB 274) Effective August 1, 2011.)
  100. 4989.14.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. )

    Verify source ↗

    This section defines the practice of educational psychology and “educationally related mental health services.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.14. (a) The practice of educational psychology is the performance of any of the following professional functions pertaining to academic learning processes or the educational system or both: (1) Educational evaluation. (2) Diagnosis of psychological disorders related to academic learning processes. (3) Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (4) Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (5) Providing psychological counseling for individuals, groups, and families. (6) Consultation with other educators and parents on issues of social development and behavioral and academic difficulties. (7) Conducting psychoeducational assessments for the purposes of identifying special needs. (8) Developing treatment programs and strategies to address problems of adjustment. (9) Coordinating intervention strategies for management of individual crises. (b) For purposes of supervising an associate marriage and family therapist or a marriage and family therapist trainee pursuant to Section 4980.03, an associate clinical social worker pursuant to Section 4996.20, or an associate professional clinical counselor pursuant to Section 4999.12, “educationally related mental health services” are mental health services provided to clients who have social, emotional, or behavioral issues that interfere with their educational progress. These services include all of the following: (1) Educationally related counseling services to clients qualified for special education that are necessary to receive a free appropriate public education in the least restrictive environment pursuant to the federal requirements of Section 1412 of Title 20 of the United States Code. (2) Intensive counseling services on a continuum that may reflect an increase in frequency, duration, or staff specialization to address the client’s emotional and behavioral needs. (3) Counseling services provided by qualified practitioners. (4) Parent counseling and training. (5) Psychological services that include consulting with staff members in planning school programs to meet the client’s educational needs and assisting in developing positive behavioral intervention strategies for the client. (6) Social work services such as preparing a social or developmental history on a client with a disability. (7) Group and individualized counseling with the client and family. (8) Mobilizing school and community resources to enable the client to learn as effectively as possible in their educational program, as outlined in Section 300.34 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2023, Ch. 510, Sec. 59. (SB 887) Effective January 1, 2024.)
  101. 4989.16.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A credentialed person may do the work authorized by that credential in a public school without a board license under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.16. (a) A person appropriately credentialed by the Commission on Teacher Credentialing may perform the functions authorized by that credential in a public school without a license issued under this chapter by the board. (b) Nothing in this chapter shall be construed to constrict, limit, or withdraw the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), the Psychology Licensing Law (Chapter 6.6 (commencing with Section 2900)), the Licensed Marriage and Family Therapist Practice Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)). (Amended by Stats. 2014, Ch. 316, Sec. 25. (SB 1466) Effective January 1, 2015.)
  102. 4989.17.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensee must give clients a written notice in at least 12-point type before psychological services begin, or as soon as practicable after. Starting July 1, 2025, the notice must also include the licensee’s full name, license number, license type, and expiration date. Delivery of the notice must be documented.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.17. (a) A licensee shall provide a client with a notice written in at least 12-point type prior to initiating psychological services, or as soon as practicably possible thereafter, that reads as follows: NOTICE TO CLIENTS The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of licensed educational psychologists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830. (b) On and after July 1, 2025, upon initiation of psychological services with a client, the notice described in subdivision (a) shall also include the licensee’s full name as filed with the board, the license number, the type of license, and the license expiration date. (c) Delivery of the notice required by this section to the client shall be documented. (Amended by Stats. 2024, Ch. 160, Sec. 6. (SB 1024) Effective January 1, 2025.)
  103. 4989.18.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The board may adopt, amend, or repeal rules of professional conduct for the profession, and licensed persons must follow those rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 1. General [4989.10 - 4989.18] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.18. The board may, by rules or regulations, adopt, amend, or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession, provided those rules or regulations are not inconsistent with Section 4989.54. Every person licensed under this chapter shall be governed by those rules of professional conduct. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  104. 4989.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A license under this chapter expires no later than 24 months after it is issued, and the board sets the original expiration date.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.30. A license issued under this chapter shall expire no later than 24 months after its date of issue. The expiration date of the original license shall be set by the board. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  105. 4989.32.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensee renewing an unexpired license must complete the required renewal steps before the license expires.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.32. To renew an unexpired license, the licensee shall, on or before the expiration date of the license, take all of the following actions: (a) Apply for renewal on a form prescribed by the board. (b) Pay a two-year renewal fee prescribed by the board. (c) Inform the board of whether the licensee has been convicted, as defined in Section 490, of any misdemeanor or felony and whether any disciplinary action has been taken by a regulatory or licensing board in this or any other state after the prior issuance or renewal of a license. (d) Complete the continuing education requirements described in Section 4989.34. (Amended by Stats. 2021, Ch. 647, Sec. 36. (SB 801) Effective January 1, 2022.)
  106. 4989.34.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    To renew a license, a licensee must certify completion of at least 36 hours of approved continuing education from the previous two years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.34. (a) To renew a license, a licensee shall certify to the board, on a form prescribed by the board, completion in the preceding two years of not less than 36 hours of approved continuing education in, or relevant to, educational psychology. (b) (1) The continuing education shall be obtained from either an accredited university or a continuing education provider as specified by the board by regulation. (2) The board shall establish, by regulation, a procedure identifying acceptable providers of continuing education courses, and all providers of continuing education shall comply with procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section. (c) (1) In determining its continuing education requirements, the board shall consider including a course in menopausal mental health. (2) In determining its continuing education requirements, the board shall consider including a course in maternal mental health. (d) Training, education, and coursework by approved providers shall incorporate one or more of the following: (1) Aspects of the discipline that are fundamental to the understanding or the practice of educational psychology. (2) Aspects of the discipline of educational psychology in which significant recent developments have occurred. (3) Aspects of other disciplines that enhance the understanding or the practice of educational psychology. (e) The board may audit the records of a licensee to verify completion of the continuing education requirement. A licensee shall maintain records of the completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon its request. (f) The board may establish exceptions from the continuing education requirements of this section for good cause, as determined by the board. (g) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166. (Amended by Stats. 2024, Ch. 836, Sec. 5.5. (AB 2581) Effective January 1, 2025.)
  107. 4989.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensee may renew an expired license within three years after it expired by completing the actions in Section 4989.32 and paying the delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.36. A licensee may renew a license that has expired at any time within three years after its expiration date by taking all of the actions described in Section 4989.32 and by paying the delinquency fee. (Amended by Stats. 2021, Ch. 647, Sec. 38. (SB 801) Effective January 1, 2022.)
  108. 4989.38.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A suspended license must be renewed under this article, but renewal does not let the licensee practice while the license is still suspended and until it is reinstated.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.38. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended. (Amended by Stats. 2021, Ch. 647, Sec. 39. (SB 801) Effective January 1, 2022.)
  109. 4989.40.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A revoked license cannot be renewed. The applicant may seek reinstatement from the board, and reinstatement after expiration requires payment of a reinstatement fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.40. A revoked license is subject to expiration as provided in this article and shall not be renewed. The applicant may apply to the board for reinstatement of their license. If it is reinstated after its expiration, the licensee shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. (Amended by Stats. 2021, Ch. 647, Sec. 40. (SB 801) Effective January 1, 2022.)
  110. 4989.42.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    An expired license cannot be renewed, restored, reinstated, or reissued if it was not renewed within three years after expiration. A former licensee may apply for a new license only if all listed requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.42. A license that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter. A former licensee may apply for a new license if he or she satisfies all of the following requirements: (a) No fact, circumstance, or condition exists that, if the license were issued, would constitute grounds for its revocation or suspension. (b) Payment of the fees that would be required if he or she were applying for a license for the first time. (c) Passage of the current licensure examination. (d) He or she complies with the fingerprint requirements established by board regulation. (Amended by Stats. 2012, Ch. 799, Sec. 46. (SB 1575) Effective January 1, 2013.)
  111. 4989.44.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensee may request inactive status, but while inactive the license remains subject to the chapter and the person may not practice educational psychology in this state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.44. (a) A licensee may apply to the board to request that his or her license be placed on inactive status. (b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of educational psychology in this state. (c) A licensee who holds an inactive license shall pay a biennial fee of one-half of the amount of the standard renewal fee. (d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of licensure may, upon request, restore his or her license to practice educational psychology to active status. A licensee requesting that his or her license be placed on active status between renewal cycles shall pay the remaining one-half of his or her renewal fee. A licensee requesting to restore his or her license to active status, whose license will expire less than one year from the date of the request, shall complete 18 hours of continuing education as specified in Section 4989.34. A licensee requesting to restore his or her license to active status, whose license will expire more than one year from the date of the request, shall complete 36 hours of continuing education as specified in Section 4989.34. (Amended by Stats. 2007, Ch. 586, Sec. 7. Effective January 1, 2008.)
  112. 4989.45.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The board must issue a retired license if the applicant meets the application, fee, and status conditions. A retired-license holder may not do work requiring an active educational psychologist license, must use the word “retired” with the professional title, and does not have to renew the retired license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 3. Renewal and Continuing Education [4989.30 - 4989.45] ( Article 3 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.45. (a) (1) The board shall issue, upon submission of a completed application as prescribed by this section and payment of the fee fixed by this chapter, a retired license to a licensed educational psychologist who holds a license that is current and active or a license that is inactive, and whose license is not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter. (2) A licensed educational psychologist license that has expired shall be issued a retired license by the board upon submission of a completed application as prescribed by this section and payment of the fee fixed by this chapter if all of the following requirements are met: (A) The license expired within three years from the date of the board’s receipt of a completed application. (B) Immediately preceding the license expiration, and after the license expiration, the license was not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter. (3) For purposes of this section, “subject to disciplinary action” shall mean that the licensee had an unsatisfied cost recovery, fine or restitution order, an accusation or petition to revoke probation that has been served on the licensee alleging violations of their probation or the chapter, or an unresolved complaint or investigation pending with the board. (b) To apply for a retired license, the applicant shall submit a completed application to the board providing all of the following information: (1) Full name as filed with the board. (2) Board license type, license number, and expiration date. (3) Date of birth. (4) Social security number or individual taxpayer identification number. (5) A statement signed under penalty of perjury that the information provided on the application is true and correct, that the applicant understands that the holder of a retired license may not engage in any activity for which the active license was issued, and that the applicant hereby requests their license to be changed to retired status. (c) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active educational psychologist license is required. (d) The holder of a retired license shall utilize their professional title only with the unabbreviated word “retired” directly preceding or directly following the professional title. (e) The holder of a retired license shall not be required to renew that license. (f) The holder of a retired license may apply to restore to active status their license to practice educational psychology if that retired license was issued less than three years prior to the date the application to restore the retired license is received by the board. A retired license may be restored to active status one time only. To restore a retired license to active status, the applicant shall meet all of the following requirements: (1) Submit a completed application to the board containing all of the following information: (A) Full name as filed with the board. (B) Original board license type and original license number and expiration date. (C) Date of birth. (D) Social security number or individual taxpayer identification number. (E) Whether they have 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 issuance of the retired license. (F) A statement signed under penalty of perjury that the information provided on the application is true and correct, that the applicant did not engage in any activity for which an active license is required while the license was in retired status, and that the applicant hereby requests their license to be changed to “active” status. (2) Has not committed an act or crime constituting grounds for denial of licensure. (3) Pays the renewal fee required by this chapter. (4) Completes the required continuing education as specified in Section 4989.34. (5) Complies with the fingerprint submission requirements established in Section 144. (g) An applicant requesting to restore their license pursuant to subdivision (f) whose retired license was issued in accordance with this section less than one year from the date the application to restore the retired license is received by the board shall complete 18 hours of continuing education taken within the two years prior to the date the application to restore the retired license is received by the board. This coursework shall include a minimum of six hours in the subject of California law and ethics. (h) An applicant requesting to restore their license pursuant to subdivision (f) whose retired license was issued in accordance with this section one or more years from the date the application to restore the retired license is received by the board shall complete 36 hours of continuing education taken within the two years prior to the date the application to restore the retired license is received by the board. This coursework shall include a minimum of six hours in the subject of California law and ethics. (i) A retired license that was issued three or more years prior shall not be restored. The holder of the retired license may apply for and obtain a new license if all of the following criteria are satisfied: (1) Has not committed an act or crime constituting grounds for denial of licensure. (2) Applies for licensure and pays the required fee. (3) Passes the examinations required for licensure. (4) Complies with the fingerprint submission requirements established in Section 144. (Amended by Stats. 2025, Ch. 787, Sec. 70. (SB 775) Effective January 1, 2026.)
  113. 4989.46.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensee must notify the board in writing when their name changes and include the old and new names.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.46. A licensee shall give written notice to the board of a name change, providing both the old and new names. The written notice shall be submitted to the board within 30 days of the issuance of a new government-issued photographic identification. The licensee shall certify the information is correct by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice: (a) A current government-issued photographic identification. (b) The legal document authorizing the name change, such as a court order or a marriage certificate. (Amended by Stats. 2017, Ch. 573, Sec. 10. (SB 800) Effective January 1, 2018.)
  114. 4989.47.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensed educational psychologist running a private practice under a fictitious business name must not use a false, misleading, or deceptive name and must tell the patient the owner’s name and license designation before treatment starts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.47. Any licensed educational psychologist who conducts a private practice under a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice. (Added by Stats. 2021, Ch. 647, Sec. 41. (SB 801) Effective January 1, 2022.)
  115. 4989.48.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensee must display their license in a conspicuous place at the primary place of practice when providing professional clinical services in person.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.48. A licensee shall display their license in a conspicuous place in the licensee’s primary place of practice when rendering professional clinical services in person. (Amended by Stats. 2024, Ch. 160, Sec. 7. (SB 1024) Effective January 1, 2025.)
  116. 4989.49.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. )

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    This section defines “advertising” for this chapter and says some religious notices are not advertising.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.49. “Advertising,” as used in this chapter, includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter. (Amended by Stats. 2025, Ch. 787, Sec. 71. (SB 775) Effective January 1, 2026.)
  117. 4989.50.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A person may not practice educational psychology or use titles implying licensed educational psychologist status unless they hold a valid, unexpired, and unrevoked license under this chapter, except as authorized by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.50. Except as authorized by this chapter, it is unlawful for any person to practice educational psychology or use any title or letters that imply that he or she is a licensed educational psychologist unless, at the time of so doing, he or she holds a valid, unexpired, and unrevoked license issued under this chapter. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  118. 4989.51.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. )

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    Licensed educational psychologists must keep client health service records for at least seven years after therapy ends, with a longer trigger for minors.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.51. (a) A licensed educational psychologist shall retain a client’s health service records for a minimum of seven years from the date therapy is terminated. If the client is a minor, the client’s health service records shall be retained for a minimum of seven years from the date the client reaches 18 years of age. Health service records may be retained in either a written or an electronic format. (b) This section shall apply only to the records of a client whose therapy is terminated on or after January 1, 2015. (Added by Stats. 2014, Ch. 312, Sec. 2. (SB 578) Effective January 1, 2015.)
  119. 4989.52.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A licensee’s compensation must be tied to professional counseling services actually provided, and collaboration between licensees is allowed. A fee for that collaboration cannot be charged unless it has been disclosed to the client.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 4. Regulation [4989.46 - 4989.52] ( Article 4 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.52. All consideration, compensation, or remuneration received by the licensee shall be in relation to professional counseling services actually provided by the licensee. Nothing in this section shall prevent collaboration among two or more licensees in a case. However, no fee shall be charged for that collaboration, except when disclosure of the fee has been made to the client. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  120. 4989.54.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The board may deny, suspend, or revoke a license if a person has engaged in unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.54. The board may deny a license or may suspend or revoke the license of a licensee if the person has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following: (a) Conviction of a crime substantially related to the qualifications, functions, and duties of an educational psychologist. (1) The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. (2) The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee under this chapter. (3) A conviction has the same meaning as defined in Section 7.5. (4) The board may order a license suspended or revoked, or may decline to issue a license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence. All actions pursuant to this subdivision shall be taken pursuant to Division 1.5 (commencing with Section 475). (b) Securing a license by fraud, deceit, or misrepresentation on an application for licensure submitted to the board, whether engaged in by an applicant for a license or by a licensee in support of an application for licensure. (c) Administering to themselves a controlled substance or using any of the dangerous drugs specified in Section 4022 or an alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to themselves or to any other person or to the public or to the extent that the use impairs their ability to safely perform the functions authorized by the license. The board shall deny an application for a license or revoke the license of any person, other than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the course of performing educational psychology. (d) Failure to comply with the procedures set forth in Section 2290.5 when delivering health care via telehealth. (e) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section 651. (f) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any regulation adopted by the board. (g) Commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee. (h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory or possession of the United States or by any other governmental agency, on a license, certificate, or registration to practice educational psychology or any other healing art. A certified copy of the disciplinary action, decision, or judgment shall be conclusive evidence of that action. (i) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice as an educational psychologist, a clinical social worker, professional clinical counselor, or marriage and family therapist. (j) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered. (k) Gross negligence or incompetence in the practice of educational psychology. (l) Misrepresentation as to the type or status of a license held by the licensee or otherwise misrepresenting or permitting misrepresentation of the licensee’s education, professional qualifications, or professional affiliations to any person or entity. (m) Intentionally or recklessly causing physical or emotional harm to any client. (n) Engaging in sexual relations with a client or a former client within two years following termination of professional services, soliciting sexual relations with a client, or committing an act of sexual abuse or sexual misconduct with a client or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a licensed educational psychologist. (o) Before the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services or the basis upon which that fee will be computed. (p) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. (q) Failing to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means. (r) Performing, holding oneself out as being able to perform, offering to perform, or permitting any unlicensed person under supervision to perform, any professional services beyond the scope of the license authorized by this chapter or beyond the person’s field or fields of competence as established by the person’s education, training, or experience. For purposes of this subdivision, “unlicensed person” includes, but is not limited to, an applicant for licensure, an associate, an intern, or a trainee under the Licensed Marriage and Family Therapist Practice Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)). (s) Reproducing or describing in public, or in any publication subject to general public distribution, any psychological test or other assessment device the value of which depends in whole or in part on the naivete of the subject in ways that might invalidate the test or device. An educational psychologist shall limit access to the test or device to persons with professional interests who can be expected to safeguard its use. (t) Aiding or abetting an unlicensed person to engage in conduct requiring a license under this chapter. (u) When employed by another person or agency, encouraging, either orally or in writing, the employer’s or agency’s clientele to utilize the person’s private practice for further counseling without the approval of the employing agency or administration. (v) Failing to comply with the child abuse reporting requirements of Section 11166 of the Penal Code. (w) Failing to comply with the elder and adult dependent abuse reporting requirements of Section 15630 of the Welfare and Institutions Code. (x) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code. (y) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of, the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code regardless of whether the act occurred prior to or after the time the registration or license was issued by the board. An act described in this subdivision occurring prior to the effective date of this subdivision shall constitute unprofessional conduct and shall subject the licensee to refusal, suspension, or revocation of a license under this section. (2) The Legislature hereby finds and declares that protection of the public, and in particular minors, from sexual misconduct by a licensee is a compelling governmental interest, and that the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the effective date of this section is equally important to protecting the public as is the ability to refuse a license for sexual conduct with a minor occurring prior to the effective date of this section. (z) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administration of the examination as described in Section 123. (aa) Impersonation of another by any licensee or applicant for a license, or, in the case of a licensee, allowing any other person to use the person’s license. (ab) Permitting an unlicensed person under the licensee’s supervision or control to perform, or permitting that person to hold themselves out as competent to perform, mental health services beyond the unlicensed person’s level of education, training, or experience. For purposes of this subdivision, “unlicensed person” is defined in subdivision (r). (ac) The violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person, including an unlicensed person identified in subdivision (ab), by a licensee that violates this chapter, the Licensed Marriage and Family Therapist Practice Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)), or any rules or regulations adopted by the board pursuant to those provisions. For purposes of this subdivision, “unlicensed person” is defined in subdivision (r). (ad) The violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person required by the Licensed Marriage and Family Therapist Practice Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)). (Amended by Stats. 2025, Ch. 787, Sec. 72. (SB 775) Effective January 1, 2026.)
  121. 4989.55.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The Board of Behavioral Sciences must require educational psychologist license applicants to undergo a fingerprint-based state and national criminal history background check.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.55. (a) The Board of Behavioral Sciences shall require an applicant for licensure as an educational psychologist, as defined in Sections 4989.14 and 4989.20, to undergo a fingerprint-based state and national criminal history background check, pursuant to Section 144. (b) The board shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 16. (SB 160) Effective September 17, 2025.)
  122. 4989.56.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The board must revoke a license if a licensee uses or offers to use drugs while practicing as an educational psychologist, unless the person is also licensed as a physician and surgeon.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.56. The board shall revoke the license of a licensee, other than one who is also licensed as a physician and surgeon, who uses or offers to use drugs in the course of his or her practice as an educational psychologist. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  123. 4989.58.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The board must revoke a license if it finds the licensee engaged in sexual contact with a client, or with a former client when the prior relationship ended mainly to enable that contact. The revocation cannot be stayed by the administrative law judge or the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.58. The board shall revoke the license of a licensee upon a decision that contains a finding of fact that the licensee engaged in an act of sexual contact, as defined in Section 729, when that act is with a client, or with a former client and the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  124. 4989.60.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A person whose license has been suspended or revoked must not act under that license until it is reinstated.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.60. A person whose license has been suspended or revoked shall not, until the reinstatement of his or her license, engage in any activity to which the license relates or any other activity or conduct in violation of the order or judgment by which the license was suspended. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  125. 4989.62.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The board must conduct disciplinary proceedings against a licensee under the specified Government Code chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.62. All proceedings by the board to suspend, revoke, or to take other disciplinary action against a licensee shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  126. 4989.64.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A superior court may issue an injunction or other order to stop conduct that is or is about to become an offense against this chapter, if the board, Attorney General, or county district attorney applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.64. In addition to other proceedings provided for in this chapter, whenever a person has engaged, or is about to engage, in an act or practice that constitutes, or will constitute, an offense against this chapter, the superior court in and for the county where the act or practice takes place, or is about to take place, may issue an injunction, or other appropriate order, restraining that conduct on application of the board, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  127. 4989.66.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. )

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    A person who violates any provision of this chapter commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 5. Enforcement [4989.54 - 4989.66] ( Article 5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.66. A person who violates any of the provisions of this chapter is guilty of a misdemeanor. (Added by Stats. 2006, Ch. 659, Sec. 20. Effective January 1, 2007.)
  128. 4989.68.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 6. Revenue [4989.68 - 4989.70] ( Article 6 added by Stats. 2006, Ch. 659, Sec. 20. )

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    The board must assess set fees for educational psychologist licensure and related services, and it may raise certain fees by regulation up to specified maximums.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 6. Revenue [4989.68 - 4989.70] ( Article 6 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.68. (a) The board shall assess the following fees relating to the licensure of educational psychologists: (1) The application fee for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500). (2) The fee for issuance of the initial license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400). (3) The fee for the two-year license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400). (4) The delinquency fee shall be one-half of the fee for license renewal. A person who permits their license to expire shall be subject to the delinquency fee. (5) The written examination fee shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500). An applicant who fails to appear for an examination, once having been scheduled, shall forfeit any examination fees they paid. (6) The fee for rescoring a written examination shall be twenty dollars ($20). (7) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20). (8) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25). (9) The fee for issuance of a retired license shall be forty dollars ($40). (b) This section shall become operative on January 1, 2021. (Amended by Stats. 2021, Ch. 647, Sec. 43. (SB 801) Effective January 1, 2022.)
  129. 4989.70.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 6. Revenue [4989.68 - 4989.70] ( Article 6 added by Stats. 2006, Ch. 659, Sec. 20. )

    Verify source ↗

    The board must report monthly to the Controller the amount and source of all revenue received under this chapter, and must pay that revenue into the State Treasury for credit to the Behavioral Sciences Fund.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.5. Licensed Educational Psychologists [4989.10 - 4989.70] ( Chapter 13.5 added by Stats. 2006, Ch. 659, Sec. 20. ) ## ARTICLE 6. Revenue [4989.68 - 4989.70] ( Article 6 added by Stats. 2006, Ch. 659, Sec. 20. ) ## 4989.70. The board shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Behavioral Sciences Fund. (Amended by Stats. 2007, Ch. 130, Sec. 16. Effective January 1, 2008.)
  130. 499.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 5. Examination Security [496 - 499] ( Chapter 5 added by Stats. 1983, Ch. 95, Sec. 2. )

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    A board may revoke, suspend, or otherwise restrict a license if a licensee knowingly makes a false material statement or knowingly omits a material fact while supporting someone else’s license application.

    ## Business and Professions Code - BPC ## DIVISION 1.5. DENIAL, SUSPENSION AND REVOCATION OF LICENSES [475 - 499] ( Division 1.5 added by Stats. 1972, Ch. 903. ) ## CHAPTER 5. Examination Security [496 - 499] ( Chapter 5 added by Stats. 1983, Ch. 95, Sec. 2. ) ## 499. A board may revoke, suspend, or otherwise restrict a license on the ground that the licensee, in support of another person’s application for license, knowingly made a false statement of a material fact or knowingly omitted to state a material fact to the board regarding the application. (Added by Stats. 1992, Ch. 1289, Sec. 9. Effective January 1, 1993.)
  131. 4990.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    This section creates the Board of Behavioral Sciences, sets who serves on it, and sets member qualifications, appointment rules, terms, annual leadership elections, and expense reimbursement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990. (a) There is in the Department of Consumer Affairs, a Board of Behavioral Sciences that consists of the following members: (1) Two state licensed clinical social workers. (2) One state licensed educational psychologist. (3) Two state licensed marriage and family therapists. (4) One state licensed professional clinical counselor. (5) Seven public members. (b) Each member, except the seven public members, shall have at least two years of experience in their profession. (c) Each member shall reside in the State of California. (d) The Governor shall appoint five of the public members and the six licensed members with the advice and consent of the Senate. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (e) Each member of the board shall be appointed for a term of four years. A member appointed by the Senate Committee on Rules or the Speaker of the Assembly shall hold office until the appointment and qualification of their successor or until one year from the expiration date of the term for which they were appointed, whichever first occurs. Pursuant to Section 1774 of the Government Code, a member appointed by the Governor shall hold office until the appointment and qualification of their successor or until 60 days from the expiration date of the term for which they were appointed, whichever first occurs. (f) A vacancy on the board shall be filled by appointment for the unexpired term by the authority who appointed the member whose membership was vacated. (g) Not later than the first of June of each calendar year, the board shall elect a chairperson and a vice chairperson from its membership. (h) Each member of the board shall receive a per diem and reimbursement of expenses as provided in Section 103. (i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 787, Sec. 73. (SB 775) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  132. 4990.01.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    If Section 4990 is repealed, the board becomes subject to review by the Legislature’s appropriate policy committees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.01. Notwithstanding any other provision of law, the repeal of Section 4990 renders the board subject to review by the appropriate policy committees of the Legislature. (Added by Stats. 2025, Ch. 787, Sec. 74. (SB 775) Effective January 1, 2026.)
  133. 4990.02.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    In this set of provisions, “Board” means the Board of Behavioral Sciences.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.02. “Board,” as used in this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing with Section 4999.10) means the Board of Behavioral Sciences. (Amended by Stats. 2010, Ch. 653, Sec. 45. (SB 1489) Effective January 1, 2011.)
  134. 4990.04.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board must appoint an executive officer, and that officer may be exempt from civil service and may call board or committee meetings.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.04. (a) The board shall appoint an executive officer. This position is designated as a confidential position and is exempt from civil service under subdivision (e) of Section 4 of Article VII of the California Constitution. (b) The executive officer serves at the pleasure of the board. (c) The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter. (d) With the approval of the director, the board shall fix the salary of the executive officer. (e) The chairperson and executive officer may call meetings of the board and any duly appointed committee at a specified time and place. For purposes of this section, “call meetings” means setting the agenda, time, date, or place for any meeting of the board or any committee. (f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 787, Sec. 75. (SB 775) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  135. 4990.06.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board may hire clerical, technical, and other staff needed to carry out the chapter, subject to the State Civil Service Act, listed exceptions, and budget limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.06. Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and except as provided by Sections 155, 156, and 159.5, the board may employ any clerical, technical, and other personnel as it deems necessary to carry out the provisions of this chapter and the other chapters it administers and enforces, within budget limitations. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  136. 4990.07.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    Applicants, registrants, and licensees with an email address must give it to the board, report changes within 30 days, and the board must remind them at each renewal application.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.07. (a) An applicant, registrant, or licensee who has an electronic mail address shall provide the board with that electronic mail address no later than July 1, 2022. The electronic mail address shall be considered confidential and not subject to public disclosure. (b) An applicant, registrant, and licensee shall provide to the board any and all changes to their electronic mail address no later than 30 calendar days after the changes have occurred. (c) The board shall, with each renewal application, remind licensees and registrants of their obligation to report and keep current their electronic mail address with the board. (Added by Stats. 2021, Ch. 647, Sec. 46. (SB 801) Effective January 1, 2022.)
  137. 4990.08.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board must keep accurate records of its proceedings and of licensure applicants and licensees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.08. The board shall keep an accurate record of all of its proceedings and a record of all applicants for licensure and all individuals to whom it has issued a license. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  138. 4990.09.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board may not publish certain citation-and-fine determinations on the Internet for more than five years after the citation is issued.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.09. The board shall not publish on the Internet the final determination of a citation and fine of one thousand five hundred dollars ($1,500) or less issued against a licensee or registrant pursuant to Section 125.9 for a period of time in excess of five years from the date of issuance of the citation. (Added by Stats. 2009, Ch. 308, Sec. 65. (SB 819) Effective January 1, 2010.)
  139. 4990.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board may research and study problems related to maintaining professional standards for the professions it licenses, and may publish its recommendations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.10. The board may conduct research in, and make studies of problems involved in, the maintaining of professional standards among those engaged in the professions it licenses and may publish its recommendations thereon. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  140. 4990.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board and the executive officer must administer and enforce the listed chapters, and they have the powers and responsibilities of a department head when carrying out that duty.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.12. The duty of administering and enforcing this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing with Section 4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing with Section 4999.10) is vested in the board and the executive officer subject to, and under the direction of, the board. In the performance of this duty, the board and the executive officer have all the powers and are subject to all the responsibilities vested in, and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2010, Ch. 653, Sec. 46. (SB 1489) Effective January 1, 2011.)
  141. 4990.13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    A person may rely on the board’s website information when verifying licenses or registrations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.13. For purposes of license and registration verification, a person may rely upon the licensing and registration information as it is displayed on the board’s internet website that includes the issuance and expiration dates of any license or registration issued by the board. (Added by Stats. 2023, Ch. 510, Sec. 60. (SB 887) Effective January 1, 2024.)
  142. 4990.14.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board must have and use a seal with its name on it, and it must otherwise conform to Section 107.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.14. The board shall have and use a seal bearing the words “The Board of Behavioral Sciences,” and shall otherwise conform to Section 107.5. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  143. 4990.16.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board must treat protection of the public as its top priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.16. Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  144. 4990.18.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board is to use its resources for licensure, exam administration, enforcement, and consumer education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.18. It is the intent of the Legislature that the board employ its resources for each and all of the following functions: (a) The licensure of marriage and family therapists, clinical social workers, professional clinical counselors, and educational psychologists. (b) The development and administration of licensure examinations and examination procedures consistent with prevailing standards for the validation and use of licensing and certification tests. Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession. (c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners. (d) Consumer education. (Amended by Stats. 2010, Ch. 653, Sec. 47. (SB 1489) Effective January 1, 2011.)
  145. 4990.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board may issue rules to administer and enforce this chapter, and it may require certain therapist, social worker, and counselor corporations to include stock-transfer provisions and provide insurance or other security for patient claims.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.20. (a) The board may adopt rules and regulations as necessary to administer and enforce the provisions of this chapter and the other chapters it administers and enforces. The adoption, amendment, or repeal of those rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The board may formulate and enforce rules and regulations requiring the following: (1) That the articles of incorporation or bylaws of a marriage and family therapist corporation, a licensed clinical social worker corporation, or a professional clinical counselor corporation include a provision whereby the capital stock of that corporation owned by a disqualified person, as defined in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or a deceased person shall be sold to the corporation or to the remaining shareholders of that corporation within the time that the rules and regulations may provide. (2) That a marriage and family therapist corporation, a licensed clinical social worker corporation, or a professional clinical counselor corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Amended by Stats. 2011, Ch. 381, Sec. 11. (SB 146) Effective January 1, 2012.)
  146. 4990.22.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board must use the Behavioral Sciences Fund for the chapter’s purposes, keep records on fund spending, and report expenditures to the department by May 31 each year. Any surplus may be used by the board for related purposes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.22. (a) The Behavioral Sciences Fund shall be used for the purposes of carrying out and enforcing the provisions of this chapter and the chapters listed in Section 4990.12. All moneys in the fund shall be expended, upon appropriation of the Legislature, by the board for the purposes of the programs under its jurisdiction. (b) The board shall keep records that reasonably ensure that funds expended in the administration of each licensure or registration category shall bear a reasonable relation to the revenue derived from each category and report to the department no later than May 31 of each year on those expenditures. (c) Surpluses, if any, may be used by the board in a manner that bears a reasonable relation to the revenue derived from each licensure or registration category and may include, but not be limited to, expenditures for education and research related to each of the licensing or registration categories. (Amended by Stats. 2016, Ch. 458, Sec. 3. (AB 2191) Effective January 1, 2017.)
  147. 4990.24.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board’s powers and duties under this chapter are subject to a review required by Division 1.2 starting at Section 473.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.24. The powers and duties of the board, as set forth in this chapter, shall be subject to the review required by Division 1.2 (commencing with Section 473). (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  148. 4990.26.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

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    This section says certain older board names must be read to mean the Board of Behavioral Sciences.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.26. Wherever “Board of Behavioral Science Examiners,” “Board of Social Work Examiners of the State of California,” or “Social Worker and Marriage Counselor Qualifications Board of the State of California” is used in any law or regulations of this state, it shall mean the Board of Behavioral Sciences. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  149. 4990.26.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

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    Applicants for certain behavioral health licenses or registrations must show they have completed human sexuality training, and the board decides the training’s content and length.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.26.1. (a) Any person applying for a license or registration as a marriage and family therapist, clinical social worker, or professional clinical counselor shall, in addition to any other requirements, show by evidence satisfactory to the board that they have completed training in human sexuality as a condition of licensure. (b) “Human sexuality” as used in this section means the study of a human being as a sexual being and how a human being functions with respect thereto. (c) The content and length of the training shall be determined by the board. (d) If the board proposes to establish a training program in human sexuality, the board shall first consult with other licensing boards or agencies that have established or propose to establish a training program in human sexuality to ensure that the programs are compatible in scope and content. (Added by Stats. 2025, Ch. 787, Sec. 76. (SB 775) Effective January 1, 2026.)
  150. 4990.26.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board must require child-abuse assessment and reporting training for certain license applicants, and applicants must complete the training and document it unless exempted.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.26.2. (a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have demonstrable contact with victims and potential victims of child, elder, and dependent adult abuse, and abusers and potential abusers of children, elders, and dependent adults are provided with adequate and appropriate training regarding the assessment and reporting of child, elder, and dependent adult abuse that will ameliorate, reduce, and eliminate the trauma of abuse and neglect and ensure the reporting of abuse in a timely manner to prevent additional occurrences. (b) The board shall establish required training in the area of child abuse assessment and reporting for all persons applying for initial licensure and renewal of licensure as a clinical social worker, professional clinical counselor, or marriage and family therapist. This training shall be required one time only for all persons applying for initial licensure or for licensure renewal. (c) All persons applying for initial licensure or renewal of a license as a clinical social worker, professional clinical counselor, or marriage and family therapist shall, in addition to all other requirements for licensure or renewal, have completed coursework or training in child abuse assessment and reporting that meets the requirements of this section, including detailed knowledge of the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The training shall meet all of the following requirements: (1) Be obtained from one of the following sources: (A) An accredited or approved educational institution, as defined in Sections 4980.36, 4980.37, 4996.18, and 4999.12, including extension courses offered by those institutions. (B) A continuing education provider, as specified by the board by regulation. (C) A course sponsored or offered by a professional association or a local, county, or state department of health or mental health for continuing education and approved or accepted by the board. (2) Have a minimum of seven contact hours. (3) Include the study of the assessment and method of reporting of sexual assault, neglect, severe neglect, general neglect, willful cruelty or unjustifiable punishment, corporal punishment or injury, and abuse in out-of-home care. The training shall also include physical and behavioral indicators of abuse, crisis counseling techniques, community resources, rights and responsibilities of reporting, consequences of failure to report, caring for a child’s needs after a report is made, sensitivity to previously abused children and adults, and implications and methods of treatment for children and adults. (4) An applicant shall provide the board with documentation of completion of the required child abuse training. (d) The board shall exempt an applicant who applies for an exemption from this section and who shows to the satisfaction of the board that there would be no need for the training in the applicant’s practice because of the nature of that practice. (e) It is the intent of the Legislature that a person licensed as a clinical social worker, professional clinical counselor, or marriage and family therapist have minimal but appropriate training in the areas of child, elder, and dependent adult abuse assessment and reporting. It is not intended that, by solely complying with this section, a practitioner is fully trained in the subject of treatment of child, elder, and dependent adult abuse victims and abusers. (f) The board is encouraged to include coursework regarding the assessment and reporting of elder and dependent adult abuse in the required training on aging and long-term care issues prior to licensure or license renewal. (Added by Stats. 2025, Ch. 787, Sec. 77. (SB 775) Effective January 1, 2026.)
  151. 4990.26.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board must consider adopting continuing education requirements, including training on recognizing chemical dependency and early intervention, for license renewals in certain behavioral health professions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 1. Administration [4990 - 4990.26.3] ( Article 1 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.26.3. (a) The board shall consider adoption of continuing education requirements including training in the area of recognizing chemical dependency and early intervention for all persons applying for renewal of a license as a clinical social worker, marriage and family therapist, or professional clinical counselor. (b) Prior to the adoption of any regulations imposing continuing education relating to alcohol and other chemical dependency, the board is urged to consider coursework to include, but not necessarily be limited to, the following topics: (1) Historical and contemporary perspectives on alcohol and other drug abuse. (2) Extent of the alcohol and drug abuse epidemic and its effects on the individual, family, and community. (3) Recognizing the symptoms of alcoholism and drug addiction. (4) Making appropriate interpretations, interventions, and referrals. (5) Recognizing and intervening with affected family members. (6) Learning about current programs of recovery, such as 12-step programs, and how therapists can effectively utilize these programs. (Added by Stats. 2025, Ch. 787, Sec. 78. (SB 775) Effective January 1, 2026.)
  152. 4990.28.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board may refuse to issue a registration or license if it appears the applicant may be unable to practice safely because of mental illness or chemical dependency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.28. The board may refuse to issue a registration or license under the chapters it administers and enforces whenever it appears that the applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to denial of a license or registration pursuant to this section. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  153. 4990.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    Certain licensed or registered professionals whose license or registration was disciplined may petition the board for reinstatement or modification, but only after specified waiting periods and while meeting filing, evidence, fee, fingerprint, and authorization requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.30. (a) A licensed marriage and family therapist, associate marriage and family therapist, licensed clinical social worker, associate clinical social worker, licensed professional clinical counselor, associate professional clinical counselor, or licensed educational psychologist whose license or registration has been revoked, suspended, or placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation. The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General. (b) The licensee or registrant may file the petition on or after the expiration of the following timeframes, each of which excludes any periods during which the probation was tolled, and commences on the effective date of the decision ordering the disciplinary action or, if the order of the board, or any portion of it, is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety: (1) Three years for reinstatement of a license or registration that was revoked for unprofessional conduct, except that the board may, in its sole discretion, specify in its revocation order that a petition for reinstatement may be filed after two years. A registrant who is ineligible for reinstatement pursuant to Section 4984.01, 4996.28, or 4999.100 may apply for a subsequent registration number. (2) Two years for early termination of any probation period of three years or more. (3) One year for modification of a condition, reinstatement of a license or registration revoked for mental or physical illness, or termination of probation of less than three years. A registrant who is ineligible for reinstatement pursuant to Section 4984.01, 4996.28, or 4999.100 may apply for a subsequent registration number. (c) The petition may be heard by the board itself or the board may assign the petition to an administrative law judge pursuant to Section 11512 of the Government Code. (d) If the petition is to be heard by the board, the petitioner may request that the board schedule the hearing on the petition for a board meeting at a specific city where the board regularly meets. (e) The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition and an opportunity to present both oral and documentary evidence and argument to the board or the administrative law judge. (f) The petitioner shall at all times have the burden of production and proof to establish by clear and convincing evidence that they are entitled to the relief sought in the petition. (g) The board, when it is hearing the petition itself, or an administrative law judge sitting for the board, may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time their license or registration was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. (h) The hearing may be continued from time to time as the board or the administrative law judge deems appropriate but in no case may the hearing on the petition be delayed more than 180 days from its filing without the consent of the petitioner. (i) The board itself, or the administrative law judge if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision. In a decision granting a petition reinstating a license or modifying a penalty, the board itself, or the administrative law judge, may impose any terms and conditions that the agency deems reasonably appropriate, including those set forth in Sections 823 and 4990.40. If a petition is heard by an administrative law judge sitting alone, the administrative law judge shall prepare a proposed decision and submit it to the board. The board may take action with respect to the proposed decision and petition as it deems appropriate. (j) The petitioner shall pay a fingerprinting fee and provide a current set of their fingerprints to the board. The petitioner shall execute a form authorizing release to the board or its designee, of all information concerning the petitioner’s current physical and mental condition. Information provided to the board pursuant to the release shall be confidential and shall not be subject to discovery or subpoena in any other proceeding, and shall not be admissible in any action, other than before the board, to determine the petitioner’s fitness to practice as required by Section 822. (k) The board may delegate to its executive officer authority to order investigation of the contents of the petition. (l) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or the petitioner is required to register pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. (m) Except in those cases where the petitioner has been disciplined for violation of Section 822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section. (Amended by Stats. 2021, Ch. 647, Sec. 47. (SB 801) Effective January 1, 2022.)
  154. 4990.31.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board may deny, without a hearing, a request to end probation or modify a penalty if any listed condition applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.31. The board may deny without a hearing a request to petition for termination of probation or modification of penalty for any of the following reasons: (a) The petitioner has failed to comply with the terms and conditions of the disciplinary order. (b) The board is conducting an investigation of the petitioner while he or she is on probation. (c) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation. (d) The petitioner’s probation with the board is currently tolled. (Added by Stats. 2015, Ch. 261, Sec. 1. (SB 531) Effective January 1, 2016.)
  155. 4990.32.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    This section sets filing deadlines for disciplinary accusations and tolling rules, including special treatment for fraud, sexual misconduct, minors, and criminal investigations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.32. (a) Except as otherwise provided in this section, an accusation filed pursuant to Section 11503 of the Government Code against a licensee or registrant under the chapters the board administers and enforces shall be filed within three years from the date the board discovers the alleged act or omission that is the basis for disciplinary action or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first. (b) An accusation filed against a licensee alleging the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth in subdivision (a). (c) The limitations period provided by subdivision (a) shall be tolled for the length of time required to obtain compliance when a report required to be filed by the licensee or registrant with the board pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion. (d) An accusation alleging sexual misconduct shall be filed within three years after the board discovers the act or omission alleged as the grounds for disciplinary action or within 10 years after the act or omission alleged as the grounds for disciplinary action occurred, whichever occurs first. This subdivision shall apply to a complaint alleging sexual misconduct received by the board on and after January 1, 2002. (e) If an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (d) shall be tolled until the minor reaches the age of majority. However, if the board discovers an alleged act of sexual contact with a minor under Section 261, 286, 287, 288, 288.5, or 289 of, or former Section 288a of, the Penal Code after the limitations periods described in this subdivision have otherwise expired, and there is independent evidence that corroborates the allegation, an accusation shall be filed within three years from the date the board discovers that alleged act. (f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation. (g) For purposes of this section, “discovers” means the latest of the occurrence of any of the following with respect to each act or omission alleged as the basis for disciplinary action: (1) The date the board received a complaint or report describing the act or omission. (2) The date, subsequent to the original complaint or report, on which the board became aware of any additional acts or omissions alleged as the basis for disciplinary action against the same individual. (3) The date the board receives from the complainant a written release of information pertaining to the complainant’s diagnosis and treatment. (Amended by Stats. 2018, Ch. 423, Sec. 3. (SB 1494) Effective January 1, 2019.)
  156. 4990.33.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board keeps jurisdiction to investigate and discipline a licensee or registrant even if the license or registration has expired, been canceled, forfeited, suspended, placed on retired status, or voluntarily surrendered, except as Section 4990.32 provides.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.33. Notwithstanding any other law, except as provided in Section 4990.32, the expiration, cancellation, forfeiture, or suspension of a license, registration, or other authority to practice by operation of law or by order or decision of the board or a court of law, the placement of a license on a retired status, or the voluntary surrender of a license or registration by a licensee or registrant, of any license or registration within the authority of the board, shall not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee or registrant or to render a decision suspending or revoking the license or registration. (Added by Stats. 2015, Ch. 261, Sec. 2. (SB 531) Effective January 1, 2016.)
  157. 4990.34.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board may place certain licenses or registrations on probation and may adopt monitoring regulations; it may also order probation or monitoring costs to be paid by the licensee or registrant.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.34. (a) The board may place a license or registration issued under the chapters it administers and enforces on probation under the following circumstances: (1) In lieu of, or in addition to, any order of the board suspending or revoking the license or registration. (2) Upon the issuance of a license or registration to an individual who has been guilty of unprofessional conduct but who otherwise completed all education, training, and experience required for licensure or registration. (3) As a condition upon the reissuance or reinstatement of a license or registration that has been suspended or revoked by the board. (b) The board may adopt regulations establishing a monitoring program to ensure compliance with any terms or conditions of probation imposed by the board pursuant to subdivision (a). The cost of probation or monitoring may be ordered to be paid by the licensee or registrant. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  158. 4990.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board may require a probationary or suspended licensee or registrant to complete extra professional training, pass an exam, and pay any needed exam fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.36. The board, in its discretion, may require a licensee or registrant whose license or registration has been placed on probation or whose license or registration has been suspended, to obtain additional professional training and to pass an examination upon completion of that training and to pay any necessary examination fee. The examination may be written, oral, or a practical or clinical examination. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  159. 4990.38.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

    Verify source ↗

    The board may deny an application, or suspend or revoke a license or registration, when there has been qualifying disciplinary action by a government authority.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.38. The board may deny an application or may suspend or revoke a license or registration issued under the chapters it administers and enforces for any disciplinary action imposed by this state or another state or territory or possession of the United States, or by a governmental agency on a license, certificate or registration to practice marriage and family therapy, clinical social work, educational psychology, professional clinical counseling, or any other healing art. The disciplinary action, which may include denial of licensure or revocation or suspension of the license or imposition of restrictions on it, constitutes unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action. (Amended by Stats. 2011, Ch. 350, Sec. 33. (SB 943) Effective January 1, 2012.)
  160. 4990.40.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    The board must revoke a license or registration if a qualifying decision finds the licensee or registrant engaged in sexual contact with a patient or certain former patients. The revocation cannot be stayed by the administrative law judge or the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.40. The board shall revoke a license or registration issued under the chapters it administers and enforces upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains a finding of fact that the licensee or registrant engaged in an act of sexual contact, as defined in Section 729, when that act is with a patient or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  161. 4990.42.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. )

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    Proceedings under this article must follow Government Code Chapter 5, starting with Section 11500.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 13.7. Board of Behavioral Sciences [4990 - 4990.42] ( Chapter 13.7 added by Stats. 2006, Ch. 659, Sec. 21. ) ## ARTICLE 2. Disciplinary Actions [4990.28 - 4990.42] ( Article 2 added by Stats. 2006, Ch. 659, Sec. 21. ) ## 4990.42. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2006, Ch. 659, Sec. 21. Effective January 1, 2007.)
  162. 4991.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 1. General Provisions [4991 - 4991.2] ( Article 1 heading added by Stats. 2023, Ch. 640, Sec. 4. )

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    This chapter is called the Clinical Social Worker Practice Act and may be cited by that name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 1. General Provisions [4991 - 4991.2] ( Article 1 heading added by Stats. 2023, Ch. 640, Sec. 4. ) ## 4991. This chapter shall be known, and may be cited, as the Clinical Social Worker Practice Act. It shall be liberally construed to effect its objectives. (Added by Stats. 2006, Ch. 659, Sec. 23. Effective January 1, 2007.)
  163. 4991.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 1. General Provisions [4991 - 4991.2] ( Article 1 heading added by Stats. 2023, Ch. 640, Sec. 4. )

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    A person is considered to be practicing clinical social work if they perform, offer to perform, or hold themselves out as able to perform that service for any remuneration, including donations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 1. General Provisions [4991 - 4991.2] ( Article 1 heading added by Stats. 2023, Ch. 640, Sec. 4. ) ## 4991.1. A person engages in the practice of clinical social work when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations. (Added by Stats. 2011, Ch. 148, Sec. 3. (SB 274) Effective August 1, 2011.)
  164. 4991.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 1. General Provisions [4991 - 4991.2] ( Article 1 heading added by Stats. 2023, Ch. 640, Sec. 4. )

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    This section defines “Accredited school of social work” and “Board” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 1. General Provisions [4991 - 4991.2] ( Article 1 heading added by Stats. 2023, Ch. 640, Sec. 4. ) ## 4991.2. For purposes of this chapter: (a) “Accredited school of social work” means a school that is accredited by the Commission on Accreditation of the Council on Social Work Education. (b) “Board” means the Board of Behavioral Sciences. (Amended by Stats. 2023, Ch. 640, Sec. 5. (AB 232) Effective January 1, 2024.)
  165. 4992.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    Applicants for a license under this chapter must file an application with the board and include the required application and examination fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992. (a) Every applicant for a license under this chapter shall file an application with the board accompanied by the application fee prescribed by this chapter. Every application shall also be accompanied by the applicable examination fee prescribed by this chapter. (b) The application shall contain information showing that the applicant has all the qualifications required by the board for admission to an examination. (Amended by Stats. 2018, Ch. 703, Sec. 36. (SB 1491) Effective January 1, 2019.)
  166. 4992.05.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    Clinical social worker registrants and applicants must pass two board-prescribed exams, and an associate clinical social worker registrant must take a California law and ethics exam within the first year of registration.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.05. (a) A registrant or 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 clinical social worker registrant, within the first year of registration, shall take an examination on California law and ethics. (c) A registrant or an applicant for licensure 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. (Amended by Stats. 2018, Ch. 743, Sec. 24. (AB 93) Effective January 1, 2019.)
  167. 4992.07.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    Applicants must meet additional exam requirements to qualify for licensure, depending on their prior exam history.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.07. (a) An applicant who had previously taken and passed the standard written examination but had not passed the clinical vignette 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 obtained eligibility for the standard written examination shall take the California law and ethics examination and the clinical examination. (d) This section shall become operative on January 1, 2016. (Amended by Stats. 2013, Ch. 473, Sec. 38. (SB 821) Effective January 1, 2014. Section initially operative January 1, 2016, by its own provisions.)
  168. 4992.09.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    Applicants and registrants must pass a board-administered California law and ethics exam, and registrants must complete 3 hours of continuing education each renewal period.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.09. (a) Except as provided in subdivision (a) of Section 4992.07, 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 before their registration renewal. (c) If an applicant fails the California law and ethics examination, they may retake the examination, upon payment of the required fees, without further application. (d) The board shall not issue a subsequent registration number unless the applicant has passed the California law and ethics examination. (e) A registrant shall complete a minimum of three hours of continuing education in the subject of California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination. The coursework shall be obtained from a board-accepted provider of continuing education, as specified in Section 4996.22. (Amended by Stats. 2022, Ch. 520, Sec. 7. (AB 1759) Effective January 1, 2023.)
  169. 4992.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    This section sets rules for clinical social worker examination eligibility, exam administration, and some board discretion over exam materials.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 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, 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 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, 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) An applicant shall not be eligible to participate in the clinical examination if the applicant fails to obtain a passing score on the clinical examination within seven years from their initial attempt, unless the applicant takes and obtains a passing score on the current version of the California law and ethics examination. (h) A passing score on the clinical examination shall be accepted by the board for a period of seven years from the date the examination was taken. (Amended by Stats. 2019, Ch. 456, Sec. 71. (SB 786) Effective January 1, 2020.)
  170. 4992.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    A licensed clinical social worker using a fictitious business name must not use a false, misleading, or deceptive name, and must tell the patient the owner’s name and license designation before treatment starts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.10. A licensed clinical social worker who owns a business using a fictitious business name shall not use a name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice. (Amended by Stats. 2021, Ch. 747, Sec. 9. (AB 690) Effective January 1, 2022.)
  171. 4992.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    This section defines “advertising” for this chapter and excludes certain religious communications.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.2. “Advertising,” as used in this chapter, includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter. (Amended by Stats. 2025, Ch. 787, Sec. 79. (SB 775) Effective January 1, 2026.)
  172. 4992.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    The board may deny, suspend, revoke, or refuse to issue a license or registration if a licensee or registrant has engaged in unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.3. The board may deny a license or a registration, or may suspend or revoke the license or registration of a licensee or registrant if the licensee or registrant has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following: (a) The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. A conviction has the same meaning as defined in Section 7.5. The board may order any license or registration suspended or revoked, or may decline to issue a license or registration when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or, when an order granting probation is made suspending the imposition of sentence. All actions pursuant to this subdivision shall be taken pursuant to Division 1.5 (commencing with Section 475). (b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for licensure or registration submitted to the board, whether engaged in by an applicant for a license or registration, or by a licensee in support of any application for licensure or registration. (c) Administering to themselves any controlled substance or using any of the dangerous drugs specified in Section 4022 or any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person applying for a registration or license or holding a registration or license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a registration or license to conduct with safety to the public the practice authorized by the registration or license. The board shall deny an application for a registration or license or revoke the license or registration of any person who uses or offers to use drugs in the course of performing clinical social work. This provision does not apply to any person also licensed as a physician and surgeon under Chapter 5 (commencing with Section 2000) or the Osteopathic Act who lawfully prescribes drugs to a patient under the person’s care. (d) Incompetence in the performance of clinical social work. (e) An act or omission that falls sufficiently below the standard of conduct of the profession as to constitute an act of gross negligence. (f) Violating, attempting to violate, or conspiring to violate this chapter or any regulation adopted by the board. (g) Misrepresentation as to the type or status of a license or registration held by the licensee or registrant or otherwise misrepresenting or permitting misrepresentation of the licensee’s or registrant’s education, professional qualifications, or professional affiliations to any person or entity. For purposes of this subdivision, this misrepresentation includes, but is not limited to, misrepresentation of the person’s qualifications as an adoption service provider pursuant to Section 8502 of the Family Code. (h) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or, in the case of a licensee or registrant, allowing any other person to use the licensee’s or registrant’s license or registration. (i) Aiding or abetting, or employing, directly or indirectly, any unlicensed or unregistered person to engage in conduct for which a license or registration is required under this chapter. (j) Intentionally or recklessly causing physical or emotional harm to any client. (k) The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant. (l) Engaging in sexual relations with a client or with a former client within two years from the termination date of therapy with the client, soliciting sexual relations with a client, or committing an act of sexual abuse, or sexual misconduct with a client, or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a clinical social worker. (m) Performing, or holding oneself out as being able to perform, or offering to perform or permitting, any registered associate, trainee, or applicant for licensure under supervision to perform any professional services beyond the scope of the license authorized by this chapter. (n) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means. (o) Prior to the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed. (p) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. All consideration, compensation, or remuneration shall be in relation to professional counseling services actually provided by the licensee. This subdivision does not prevent collaboration among two or more licensees in a case or cases. However, no fee shall be charged for that collaboration, except when disclosure of the fee has been made in compliance with subdivision (o). (q) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section 651. (r) Reproduction or description in public, or in any publication subject to general public distribution, of any psychological test or other assessment device, the value of which depends in whole or in part on the naivete of the subject, in ways that might invalidate the test or device. A licensee shall limit access to that test or device to persons with professional interest who are expected to safeguard its use. (s) Any conduct in the supervision of any registered associate, trainee, or applicant for licensure by any licensee that violates this chapter or any rules or regulations adopted by the board. (t) Performing or holding oneself out as being able to perform mental health services beyond the scope of one’s competence, as established by one’s education, training, or experience. This subdivision shall not be construed to expand the scope of the license authorized by this chapter. (u) Permitting an applicant for licensure, trainee, or registrant under one’s supervision or control to perform, or permitting the supervisee to hold themselves out as competent to perform, mental health services beyond the supervisee’s level of education, training, or experience. (v) The violation of any law governing the gaining or supervision of experience required by this chapter. (w) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered. (x) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal Code. (y) Failure to comply with the elder and dependent adult abuse reporting requirements of Section 15630 of the Welfare and Institutions Code. (z) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code. (aa) Failure to comply with the procedures set forth in Section 2290.5 when delivering health care via telehealth. (ab) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of, the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code regardless of whether the act occurred prior to or after the time the registration or license was issued by the board. An act described in this subdivision occurring prior to the effective date of this subdivision shall constitute unprofessional conduct and shall subject the licensee to refusal, suspension, or revocation of a license under this section. (2) The Legislature hereby finds and declares that protection of the public, and in particular minors, from sexual misconduct by a licensee is a compelling governmental interest, and that the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the effective date of this section is equally important to protecting the public as is the ability to refuse a license for sexual conduct with a minor occurring prior to the effective date of this section. (ac) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administration of the examination as described in Section 123. (Amended by Stats. 2025, Ch. 787, Sec. 80. (SB 775) Effective January 1, 2026.)
  173. 4992.31.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    The Board of Behavioral Sciences must require certain clinical social work licensure or registration applicants to complete a fingerprint-based state and national criminal history background check.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.31. (a) The Board of Behavioral Sciences shall require an applicant for clinical social work licensure or registration as an associate clinical social worker, as defined in Sections 4996, 4996.9, and 4996.18, to undergo a fingerprint-based state and national criminal history background check, pursuant to Section 144. (b) The board shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 17. (SB 160) Effective September 17, 2025.)
  174. 4992.33.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    The board must revoke a license issued under this chapter if the required decision includes a finding that the licensee or registrant engaged in sexual contact with a patient, or with a former patient after ending the relationship mainly to do that.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.33. The board shall revoke any license issued under this chapter upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 729, when that act is with a patient, or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board. (Amended by Stats. 2005, Ch. 658, Sec. 25. Effective January 1, 2006.)
  175. 4992.35.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

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    The board may refuse to issue a registration or license if an applicant may not be able to practice safely because of mental illness or chemical dependency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.35. The board may refuse to issue any registration or license whenever it appears that an applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any denial of a license or registration pursuant to this section. (Added by Stats. 1992, Ch. 384, Sec. 7. Effective January 1, 1993.)
  176. 4992.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    The board may deny an application, or suspend or revoke a license or registration, if certain prior disciplinary actions or board actions exist.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.36. The board may deny an application, or may suspend or revoke a license or registration issued under this chapter, for any of the following: (a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory of the United States, or by any other governmental agency, on a license, certificate, or registration to practice clinical social work or any other healing art shall constitute grounds for disciplinary action for unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action. (b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice clinical social work, marriage and family therapy, professional clinical counseling, or educational psychology against a licensee or registrant shall also constitute grounds for disciplinary action for unprofessional conduct under this chapter. (Amended by Stats. 2011, Ch. 350, Sec. 35. (SB 943) Effective January 1, 2012.)
  177. 4992.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    License suspension and revocation proceedings must follow Chapter 5 of the Government Code, and the board has the powers granted there.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.4. The proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 1985, Ch. 820, Sec. 1.)
  178. 4992.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    The board may set exam times and places and may arrange with organizations that provide exam materials, but it must hold at least one examination each calendar year.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.5. Examinations may be held at those times and places as the board may determine. However, one examination shall be held during each calendar year. The board may make arrangements with organizations furnishing examination materials as it may deem desirable. (Amended by Stats. 1987, Ch. 826, Sec. 4.)
  179. 4992.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    A person must not willfully make a false statement or impersonate, or help another person impersonate, anyone in an application or examination; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.7. Every person who willfully makes any false statement or who impersonates any other person or permits or aids any other person to impersonate him or her in connection with any application or examination is guilty of a misdemeanor. (Added by Stats. 1985, Ch. 820, Sec. 1.)
  180. 4992.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    A licensee or registrant must give the board written notice of a name change, include the old and new names, submit it within 30 days after a new government-issued photo ID is issued, sign under penalty of perjury, and attach a current photo ID plus the legal name-change document.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4992.8. A licensee or registrant shall give written notice to the board of a name change, giving both the old and new names. The written notice shall be submitted to the board within 30 days of the issuance of a new government-issued photographic identification. The licensee or registrant shall certify the information is correct by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice: (a) A current government-issued photographic identification. (b) The legal document authorizing the name change, such as a court order or a marriage certificate. (Amended by Stats. 2017, Ch. 573, Sec. 11. (SB 800) Effective January 1, 2018.)
  181. 4993.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    A licensed clinical social worker must keep client or patient health service records for at least seven years, with a different seven-year rule for minors, and may keep them in written or electronic form.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 2. Application of Chapter [4992 - 4993] ( Article 2 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4993. (a) A licensed clinical social worker shall retain a client’s or patient’s health service records for a minimum of seven years from the date therapy is terminated. If the client or patient is a minor, the client’s or patient’s health service records shall be retained for a minimum of seven years from the date the client or patient reaches 18 years of age. Health service records may be retained in either a written or an electronic format. (b) This section shall apply only to the records of a client or patient whose therapy is terminated on or after January 1, 2015. (Added by Stats. 2014, Ch. 312, Sec. 3. (SB 578) Effective January 1, 2015.)
  182. 4996.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    Only licensed individuals may call themselves “Licensed Clinical Social Workers,” and anyone practicing clinical social work must hold a valid, unexpired, and unrevoked license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996. (a) Only individuals who have received a license under this article may style themselves as “Licensed Clinical Social Workers.” Every individual who styles himself or herself or who holds himself or herself out to be a licensed clinical social worker, or who uses any words or symbols indicating or tending to indicate that he or she is a licensed clinical social worker, without holding his or her license in good standing under this article, is guilty of a misdemeanor. (b) It is unlawful for any person to engage in the practice of clinical social work unless at the time of so doing such person holds a valid, unexpired, and unrevoked license under this article. (c) A clinical social worker licensed under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a health care practitioner subject to the provisions of Section 2290.5 pursuant to subdivision (b) of that section. (Amended by Stats. 2003, Ch. 20, Sec. 5. Effective January 1, 2004.)
  183. 4996.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    The board must issue a clinical social worker license to each qualifying applicant who passes the required California law and ethics and clinical examinations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.1. (a) Effective January 1, 2016, 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, 2016. (Amended (as amended by Stats. 2012, Ch. 799, Sec. 53) by Stats. 2013, Ch. 473, Sec. 43. (SB 821) Effective January 1, 2014. Section operative January 1, 2016, by its own provisions.)
  184. 4996.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    This section says the article must be read only as relating to the examination and licensing of clinical social workers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.10. The provisions of this article shall be construed only as provisions relating to the examination and licensing of clinical social workers. (Added by Stats. 1985, Ch. 820, Sec. 1.)
  185. 4996.11.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    The board may suspend or revoke a license if the person is guilty on the grounds in Section 4992.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.11. The board may suspend or revoke the license of any person who is guilty on the grounds set forth in Section 4992.3. The proceedings for the suspension or revocation of licenses under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted in that chapter. (Added by Stats. 1985, Ch. 820, Sec. 1.)
  186. 4996.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    Anyone who violates this chapter commits a misdemeanor and may be punished by up to six months in county jail, a fine of up to $1,000, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.12. Any person who violates this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding a period of six months, or by a fine not exceeding one thousand dollars ($1,000), or by both. (Added by Stats. 1985, Ch. 820, Sec. 1.)
  187. 4996.13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    Qualified members of other professional groups may do psychosocial work if it matches their profession’s standards and ethics, but they may not present themselves to the public as psychosocial or clinical social workers or imply that they are licensed clinical social workers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.13. Nothing in this article shall prevent qualified members of other professional groups from doing work of a psychosocial nature consistent with the standards and ethics of their respective professions. However, they shall not hold themselves out to the public by any title or description of services incorporating the words psychosocial, or clinical social worker, or that they shall not state or imply that they are licensed to practice clinical social work. These qualified members of other professional groups include, but are not limited to, the following: (a) A physician and surgeon certified pursuant to Chapter 5 (commencing with Section 2000). (b) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900). (c) Members of the State Bar of California. (d) Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980). (e) Licensed professional clinical counselors pursuant to Chapter 16 (commencing with Section 4999.10). (f) A priest, rabbi, or minister of the gospel of any religious denomination. (Amended by Stats. 2011, Ch. 350, Sec. 36. (SB 943) Effective January 1, 2012.)
  188. 4996.14.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    This section creates exemptions from chapter 4996 for certain unlicensed or unregistered employees, volunteers, and some hypnotic-technique practitioners, and it requires a client notice in one employee/volunteer setting.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.14. (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Licensed Marriage and Family Therapist Act, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law. (b) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable if both of the following apply: (1) The work of the employee or volunteer is performed under the oversight and direction of the entity. (2) (A) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services or as soon as practicably possible thereafter, a notice written in at least 12-point type that is in substantially the following form: NOTICE TO CLIENTS The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered practitioner providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency). The Board of Behavioral Sciences receives and responds to complaints regarding services provided by individuals licensed and registered by the board. If you have a complaint and are unsure if your practitioner is licensed or registered, please contact the Board of Behavioral Sciences at 916-574-7830 for assistance or utilize the board’s online license verification feature by visiting www.bbs.ca.gov. (B) The delivery of the notice described in subparagraph (A) to the client shall be documented. (c) This chapter shall not apply to a person using hypnotic techniques if their client was referred by a physician and surgeon, dentist, or psychologist. (d) This chapter shall not apply to a person using hypnotic techniques that offer vocational self-improvement, and the person is not performing therapy for emotional or mental disorders. (e) Notwithstanding subdivisions (b) and (c) or Section 4996.13, all persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board. (Amended by Stats. 2021, Ch. 747, Sec. 10.5. (AB 690) Effective January 1, 2022.)
  189. 4996.14.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    Certain settings in Section 4996.14 are exempt and generally outside this chapter and the board’s jurisdiction, except where Section 4996.14 says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.14.1. The settings described in Section 4996.14 are exempt settings and do not fall under the jurisdiction of this chapter or of the board except as specified in Section 4996.14, and with the following exceptions: (a) Any individual working or volunteering in an exempt setting who is licensed or registered under this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter. (b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered an exempt setting unless the entity directly meets the criteria described in Section 4996.14. (Added by Stats. 2021, Ch. 747, Sec. 11. (AB 690) Effective January 1, 2022.)
  190. 4996.14.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    People practicing clinical social work in nonexempt settings must have an active license or registration number, with stated exceptions for certain interns and associate applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.14.2. (a) For the purposes of this chapter, the following definitions apply: (1) “Nonexempt setting” means a setting that does not qualify as an exempt setting, as specified in Section 4996.14. (2) “Private practice” means a type of nonexempt setting that meets all of the following criteria: (A) The practice is owned by a health professional who is licensed under this division either independently or jointly with one or more other health professionals who are licensed under this division. (B) The practice provides clinical mental health services, including psychotherapy, to clients. (C) One or more licensed health professionals are responsible for the practice and for the services provided and set conditions of client payment or reimbursement for the provision of services. (3) “Professional corporation” means a type of nonexempt setting and private practice that has been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code. (b) An active license or registration number shall be required to engage in the practice of clinical social work, as defined in Section 4996.9, in nonexempt settings at all times, except as follows: (1) A social work intern may engage in the practice of clinical social work in a nonexempt setting that is not a private practice or a professional corporation, while pursuing a course of study leading to a master’s degree in social work pursuant to Section 4996.15. (2) An applicant for registration as an associate may engage in the practice of clinical social work in a nonexempt setting that is not a private practice or a professional corporation before their registration number is issued if they are in compliance with subdivision (b) of Section 4996.23 and are gaining supervised experience that meets the requirements of this chapter. (Added by Stats. 2021, Ch. 747, Sec. 12. (AB 690) Effective January 1, 2022.)
  191. 4996.15.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    The section lets certain supervised training employees do psychosocial activities, but bars graduate students from doing clinical social work in a private practice or professional corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.15. (a) Nothing in this article shall restrict or prevent psychosocial activities by employees of accredited academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a master’s degree in social work in an accredited college or university. Any psychosocial activities by the employee shall be part of a supervised course of study and the graduate students shall be designated by titles such as social work interns, social work trainees, or other titles clearly indicating the training status appropriate to their level of training. The term “social work intern,” however, shall be reserved for persons enrolled in a master’s or doctoral training program in social work in an accredited school or department of social work. (b) Notwithstanding subdivision (a), a graduate student shall not perform clinical social work in a private practice or a professional corporation. (Amended by Stats. 2021, Ch. 747, Sec. 13. (AB 690) Effective January 1, 2022.)
  192. 4996.16.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

    Verify source ↗

    Out-of-state clinical social workers are exempt in limited consultation or educational settings, but they may not open an office or place to meet or receive calls from clients in this state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.16. Nothing in this chapter shall apply to any clinical social worker from outside this state, when in actual consultation with a licensed practitioner of this state, or when an invited guest of a professional association, or of an educational institution for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, if he or she is at the time of the consultation, lecture, or demonstration licensed to practice clinical social work in the state or country in which he or she resides. These clinical social workers shall not open an office or appoint a place to meet clients or receive calls from clients within the limits of this state. (Repealed and added by Stats. 1994, Ch. 26, Sec. 187. Effective March 30, 1994.)
  193. 4996.16.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    A licensed out-of-state clinical social worker may provide services in California for up to 30 consecutive days in a calendar year if listed conditions are met, and must give the board specified information before providing services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.16.1. (a) Notwithstanding Section 4996, a person who holds a license in another jurisdiction of the United States as a clinical social worker may provide clinical social work services in this state for a period not to exceed 30 consecutive days in any calendar year, if all of the following conditions are met: (1) The license from another jurisdiction is at the highest level for independent clinical practice in the jurisdiction in which the license was granted. (2) The license from another jurisdiction is current, active, and unrestricted. (3) The client is located in California during the time the person seeks to provide care in California. (4) The client is a current client of the person and has an established, ongoing client-provider relationship with the person at the time the client became located in California. (5) The person informs the client of the limited timeframe of the services and that the person is not licensed in California. (6) The person provides the client with the Board of Behavioral Sciences’ internet website address. (7) The person informs the client of the jurisdiction in which the person is licensed and the type of license held and provides the client with the person’s license number. (b) A person who intends to provide clinical social work services pursuant to this section shall provide the board with all of the following information before providing services: (1) The name under which the person is licensed in another jurisdiction, the person’s mailing address, the person’s phone number, the person’s social security number or individual taxpayer identification number, and the person’s electronic mailing address, if the person has an electronic mailing address. (2) The jurisdiction in which the person is licensed, the type of license held, and the license number. (3) The date on which the person will begin providing clinical social work services to the person’s client in California. (c) A person who provides services pursuant to this section shall submit a signed statement, under penalty of perjury, acknowledging that they are subject to the jurisdiction of the board and agreeing to be bound by the laws of this state. (d) This section does not apply to any person licensed by the board whose license has been suspended or revoked. (e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 787, Sec. 81. (SB 775) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  194. 4996.17.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    The board may issue a license to certain out-of-state clinical social workers if they meet listed education, fingerprinting, disclosure, and exam requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.17.1. The board may issue a license to a person who, at the time of submitting an application for a license pursuant to this chapter, holds a license in another jurisdiction of the United States as a clinical social worker at the highest level for independent practice if all of the following requirements are met: (a) The applicant’s license in the other jurisdiction has been current, active, and unrestricted for at least two years immediately before the date the application was received by the board. The applicant shall disclose to the board for review any past restrictions or disciplinary actions on an out-of-state license and the board shall consider these actions in determining whether to issue a license to the applicant. (b) The applicant’s degree that qualified the applicant for the out-of-state license is a master’s degree from an accredited school or department of social work. (c) The applicant complies with the fingerprint requirements established in Section 144. (d) The applicant completes the coursework specified in paragraphs (1) and (2) from an accredited school or department of social work, a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education, a school, college, or university that is approved by the Bureau for Private Postsecondary Education, or from a continuing education provider that is identified as acceptable by the board pursuant to Section 4996.22. Undergraduate coursework shall not satisfy these requirements. (1) A minimum of 12 hours of coursework in California law and professional ethics. The content of the course shall include, but not be limited to, the following: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws related to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, the application of legal and ethical standards in different types of work settings, and licensing law and process. (2) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position. (e) The applicant obtains a minimum of seven contact hours of training or coursework in child abuse assessment and reporting, as specified in Section 28, and any regulations promulgated thereunder. (f) On and after January 1, 2021, the applicant shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4996.27. (g) The applicant passes the board-administered California law and ethics examination required in Section 4996.1. The clinical examination required in Section 4996.1 shall be waived for an applicant qualifying under this section. (h) This section was developed based on an examination of the licensure requirements for clinical social workers on a national level. This section shall not be construed to apply to any provisions under this division or Division 3 (commencing with Section 5000) other than this act. (Added by Stats. 2019, Ch. 380, Sec. 9. (SB 679) Effective January 1, 2020.)
  195. 4996.17.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    This section requires the board to accept certain out-of-state education and experience for licensure or registration if specified conditions are met, and it requires applicants to meet examination, fee, coursework, and disclosure requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.17.2. (a) This section applies to persons with education gained from an out-of-state school or experience gained outside of California who apply for licensure or registration and who do not qualify for a license under Section 4996.17.1. (b) The board shall accept experience gained outside of California for the purpose of satisfying the licensure requirements if the experience is substantially the equivalent to the requirements of this chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience, the board shall accept as qualifying experience the amount of time the applicant held an active license in good standing in another state or country as a clinical social worker at the highest level for independent practice at a rate of 100 hours per month, up to a maximum of 1,200 hours. (c) The board shall accept education gained from an out-of-state school for purposes of satisfying licensure or registration requirements if the applicant has received a master’s degree from an accredited school of social work, or complies with subdivision (e) of Section 4996.18. (d) In addition to the experience and education described in subdivisions (b) and (c), the applicant shall pass, or have passed, the licensing examinations as specified in Section 4996.1 and pay the required fees. Issuance of the license is conditioned upon all of the following: (1) The applicant has supervised experience as described in subdivision (b). (2) Completion of the coursework or training specified in this paragraph taken from an accredited school or department of social work, a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education, a school, college, or university that is approved by the Bureau for Private Postsecondary Education, or from a continuing education provider that is identified as acceptable to the board pursuant to Section 4996.22. Undergraduate coursework shall not satisfy this requirement. This coursework may be completed while registered as an associate, unless otherwise specified. (A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting, as specified in Section 28, and any regulations promulgated thereunder. (B) A minimum of 10 contact hours of training or coursework in human sexuality, as specified in Section 25, and any regulations promulgated thereunder. (C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation. (D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies. (E) A minimum of 10 contact hours of coursework in aging and long-term care, as specified in Section 4996.25. (F) Completion of a 12-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, the following: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws related to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, the application of legal and ethical standards in different types of work settings, and licensing law and process. This coursework shall be completed before registration as an associate. (G) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position. (3) On and after January 1, 2021, an applicant for licensure shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4996.27. (4) The applicant’s license is in good standing and is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state. (5) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant’s professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board determines constitutes evidence of a pattern of incompetence or negligence. (6) The applicant shall provide a certification from each state where the applicant holds a license pertaining to licensure, disciplinary action, and complaints pending. (7) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36. (e) An applicant who obtained a license or registration under another state or country may qualify for licensure with the board without taking the clinical examination specified in Section 4996.1 if both of the following conditions are met: (1) The applicant obtained a passing score on the clinical licensing examination set forth in regulation as accepted by the board. (2) The applicant’s license or registration in that state or country is active and in good standing at the time of the application and is not revoked, suspended, surrendered, denied, or otherwise restricted or encumbered. (Amended by Stats. 2021, Ch. 647, Sec. 52. (SB 801) Effective January 1, 2022.)
  196. 4996.18.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    Applicants for associate clinical social worker registration must meet education and conduct requirements, be supervised, and tell clients or patients they are unlicensed before providing services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.18. (a) Except as provided in subdivision (b) of Section 4996.23, an applicant shall have an active registration with the board as an associate clinical social worker in order to gain hours of supervised experience. The application shall be made on a form prescribed by the board. (b) An applicant for registration shall satisfy the following requirements: (1) Possess a master’s degree from an accredited school or department of social work. (2) Not be subject to denial of licensure pursuant to Section 480. (3) Have completed training or coursework, which may be embedded within more than one course, in California law and professional ethics for clinical social workers. The coursework shall be taken from an accredited school or department of social work, a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education, a school, college, or university that is approved by the Bureau for Private Postsecondary Education, or from a continuing education provider that is acceptable to the board, as defined in Section 4996.22. Undergraduate coursework shall not satisfy this requirement. The coursework shall include instruction in all of the following areas of study: (A) Contemporary professional ethics and statutes, regulations, and court decisions that delineate the scope of practice of clinical social work. (B) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of clinical social work, including, but not limited to, family law. (C) The current legal patterns and trends in the mental health professions. (D) The psychotherapist-patient privilege, confidentiality, dangerous patients, and the treatment of minors with and without parental consent. (E) A recognition and exploration of the relationship between a practitioner’s sense of self and human values, and the practitioner’s professional behavior and ethics. (F) The application of legal and ethical standards in different types of work settings. (G) Licensing law and process. (c) An applicant who possesses a master’s degree from a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education shall be eligible, and, except as provided in subdivision (b) of Section 4996.23, shall be required to register as an associate clinical social worker in order to gain experience toward licensure if the applicant is not subject to denial of licensure pursuant to Section 480. That applicant shall not, however, be eligible to take the clinical examination until the school or department of social work has received accreditation by the Commission on Accreditation of the Council on Social Work Education. (d) An applicant who possesses a master’s degree from an accredited school or department of social work shall be able to apply experience the applicant obtained during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education toward the licensure requirements, if the experience meets the requirements of Section 4996.23. This subdivision shall apply retroactively to persons who possess a master’s degree from an accredited school or department of social work and who obtained experience during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education. (e) An applicant for registration or licensure trained in an educational institution outside the United States shall demonstrate to the satisfaction of the board that the applicant possesses a master’s of social work degree that is equivalent to a master’s degree issued from a school or department of social work that is accredited by the Commission on Accreditation of the Council on Social Work Education. These applicants shall provide the board with a comprehensive evaluation of the degree and shall provide any other documentation the board deems necessary. The board has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements regardless of evaluation or accreditation. (f) All applicants for licensure and registrants 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 governing the practice of clinical social work. (g) All applicants and registrants shall inform each client or patient before performing any professional services that the applicant or registrant is unlicensed and is under the supervision of a licensed professional. (Amended by Stats. 2021, Ch. 647, Sec. 53. (SB 801) Effective January 1, 2022.)
  197. 4996.19.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    This section says the article does not prohibit certain acts or practices of a duly certificated licensed clinical social workers’ corporation if it complies with the specified laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.19. Nothing in this article shall prohibit the acts or practices of a licensed clinical social workers’ corporation duly certificated pursuant to the Moscone-Knox Professional Corporation Act, as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code and Article 5 (commencing with Section 4998), when the corporation is in compliance with (a) the Moscone-Knox Professional Corporation Act; (b) Article 5 (commencing with Section 4998); and (c) all other statutes and all rules and regulations now or hereafter enacted or adopted pertaining to the corporation and the conduct of its affairs. (Added by renumbering Section 4996.18 by Stats. 1987, Ch. 826, Sec. 8.)
  198. 4996.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    License applicants must prove they meet age, education, supervised experience, and training requirements, and the board cannot issue a license or registration to certain disqualified persons.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.2. Each applicant for a license shall furnish evidence satisfactory to the board that the applicant complies with all of the following requirements: (a) Is at least 21 years of age. (b) Has received a master’s degree from an accredited school of social work. (c) Has had two years of supervised post-master’s degree experience, as specified in Section 4996.23. (d) Not be subject to denial of licensure pursuant to Section 480. The board shall not issue a registration or license to any person who has been convicted of any 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, in accordance with Section 480. (e) Has completed adequate instruction and training in the subject of alcoholism and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after January 1, 1986. (f) Has completed instruction and training in spousal or partner abuse assessment, detection, and intervention. This requirement applies to an applicant who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. An applicant who began graduate training on or after January 1, 2004, shall complete a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. (g) Has completed a minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 1807 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. (h) Has completed a minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 1807.2 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. (Amended by Stats. 2021, Ch. 647, Sec. 49. (SB 801) Effective January 1, 2022.)
  199. 4996.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    This section defines who counts as a “Supervisor” and what “Supervision” means for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.20. (a) “Supervisor,” as used in this chapter, means an individual who meets all of the following requirements: (1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either: (A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14. (B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology. (2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by associate clinical social workers, associate marriage and family therapists or trainees, or associate professional clinical counselors. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants. (3) Has received training in supervision as specified in this chapter and by regulation. (4) Has not provided therapeutic services to the supervisee. (5) Has and maintains a current and active license that is not under suspension or probation as one of the following: (A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board. (B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900). (C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology. (6) Is not a spouse, domestic partner, or relative of the supervisee. (7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision. (b) As used in this chapter, the term “supervision” means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. “Supervision” includes, but is not limited to, all of the following: (1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee. (2) Monitoring and evaluating the supervisee’s assessment, diagnosis, and treatment decisions and providing regular feedback. (3) Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served. (4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship. (5) Ensuring the supervisee’s compliance with laws and regulations governing the practice of clinical social work. (6) Reviewing the supervisee’s progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor. (7) With the client’s written consent, providing direct observation or review of audio or video recordings of the supervisee’s counseling or therapy, as deemed appropriate by the supervisor. (Amended by Stats. 2022, Ch. 511, Sec. 30. (SB 1495) Effective January 1, 2023.)
  200. 4996.21.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    The board may audit a supervisor’s records, and supervisors must keep qualification records for seven years after supervision ends and provide them to the board on request.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 14. Social Workers [4991 - 4998.5] ( Chapter 14 added by Stats. 1985, Ch. 820, Sec. 1. ) ## ARTICLE 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.21. The board may audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A supervisor shall maintain records of completion of the required supervisor qualifications for seven years after termination of supervision and shall make these records available to the board for auditing purposes upon request. (Added by Stats. 2018, Ch. 743, Sec. 30. (AB 93) Effective January 1, 2019.)

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