Business and Professions Code — Part 36 | BPC — United States — California law | Esheria

Business and Professions Code

Part 36 of 52 · provisions 7,001–7,200

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. 4996.22.

    ## 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 cannot renew a social work license or registration unless the applicant or registrant completes specified continuing education and certifies it to the board.

    ## 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. ) ## 4996.22. (a) (1) Except as provided in subdivision (d), 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 social work in the preceding two years, as determined by the board. (2) The board shall not renew any license of an applicant who began graduate study before January 1, 2004, pursuant to this chapter unless the applicant certifies to the board that during the applicant’s first renewal period after the operative date of this section, the applicant completed a continuing education course 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 before 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. Continuing education courses taken pursuant to this paragraph shall be applied to the 36 hours of approved continuing education required under paragraph (1). (3) 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 in the subject of California law and ethics during the preceding year. (b) (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. (c) 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. (d) The board may establish exceptions from the continuing education requirement of this section for good cause as defined by the board. (e) The continuing education shall be obtained from one of the following sources: (1) An accredited school of social work, as defined in Section 4991.2, or 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. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program. (2) 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 a school, college, or university that is approved by the Bureau for Private Postsecondary Education. (3) Another continuing education provider, as specified by the board by regulation. (f) 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 (e), shall adhere to the 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. (g) 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 social work. (2) Aspects of the social work discipline in which significant recent developments have occurred. (3) Aspects of other related disciplines that enhance the understanding, or the practice, of social work. (h) A system of continuing education for licensed clinical social workers shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served. (i) 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. (j) The board may adopt regulations as necessary to implement this section. (Amended by Stats. 2025, Ch. 67, Sec. 8. (AB 1170) Effective January 1, 2026.)
  2. 4996.23.

    ## 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 must complete 3,000 hours of supervised post-master’s clinical social work experience and follow several limits and timing rules.

    ## 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. ) ## 4996.23. (a) To qualify for licensure, each applicant shall complete 3,000 hours of post-master’s degree supervised experience related to the practice of clinical social work. Except as provided in subdivision (b), experience shall not be gained until the applicant is registered as an associate clinical social worker. (b) Postdegree hours of experience gained before the issuance of an associate registration shall be credited toward licensure if all of the following apply: (1) 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 or doctoral degree. (2) 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. (3) The board subsequently grants the associate registration. (c) 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. (d) The experience shall be as follows: (1) (A) At least 1,700 hours shall be gained under the supervision of a licensed clinical social worker. The remaining required supervised experience may be gained under the supervision of a physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed educational psychologist, or licensed clinical social worker. (B) 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. (2) A minimum of 2,000 hours in clinical psychosocial diagnosis, assessment, and treatment, including psychotherapy or counseling; however, at least 750 hours shall be face-to-face individual or group psychotherapy provided in the context of clinical social work services. (3) A maximum of 1,000 hours in client-centered advocacy, consultation, evaluation, research, direct supervisor contact, and workshops, seminars, training sessions, or conferences directly related to clinical social work that have been approved by the applicant’s supervisor. (4) A minimum of two years of supervised experience is required to be obtained over a period of not less than 104 weeks and shall have been gained within the six years immediately preceding the date on which the application for licensure was received by the board. (5) No more than 40 hours of experience may be credited in any seven consecutive days. (6) For hours gained on or after January 1, 2010, no more than six hours of supervision, whether individual, triadic, or group supervision, shall be credited during any single week. (e) 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. 14. (AB 690) Effective January 1, 2022.)
  3. 4996.23.1.

    ## 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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    This section sets minimum supervision rules for social work licensure experience, including weekly direct supervisor contact, videoconference assessment, and supervision-hour 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. ) ## 4996.23.1. (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (3) of subdivision (d) of Section 4996.23, direct supervisor contact shall occur as follows: (1) Supervision shall include at least one hour of direct supervisor contact each week for which experience is credited in each work setting. (2) An associate gaining experience who performs more than 10 hours of services pursuant to paragraph (2) of subdivision (d) of Section 4996.23 in a week in any setting shall receive at least one additional hour of direct supervisor contact for that setting. (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) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic supervision, or a combination of both. (g) Of the 52 weeks of required individual or triadic supervision, no less than 13 weeks shall be supervised by a licensed clinical social worker. (h) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements of this chapter. (i) Notwithstanding any other law, once the required number of experience hours are gained, an associate clinical social worker or applicant 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 described in paragraph (3) of subdivision (d) of Section 4996.23, shall be at the supervisor’s discretion. (Amended (as amended by Stats. 2024, Ch. 160, Sec. 8) by Stats. 2025, Ch. 787, Sec. 82. (SB 775) Effective January 1, 2026.)
  4. 4996.23.2.

    ## 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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    Associates and applicants for licensure may work only as employees or volunteers, not independent contractors, and they must meet specific supervision, documentation, and payment rules.

    ## 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. ) ## 4996.23.2. (a) An associate clinical social worker or applicant for licensure shall only perform mental health and related services as an employee or as a volunteer, not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. An 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 4996.9, 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 corresponding 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 their employer verifying the associate’s status as a volunteer during the dates the experience was gained. (b) Employment in a private practice or professional corporation shall not commence until the applicant has been registered as an associate clinical social worker. (c) Experience shall only be gained in a setting that meets both of the following: (1) Lawfully and regularly provides clinical social work, mental health counseling, or psychotherapy. (2) Provides oversight to ensure that the associate’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4996.9. (d) Only experience gained in the position for which the associate clinical social worker volunteers or is employed shall qualify as supervised experience. (e) Any experience obtained under the supervision of a spouse or relative by blood or marriage shall not be credited toward the required hours of supervised experience. Any experience obtained under the supervision of a supervisor with whom the applicant has 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. (f) An associate clinical social worker 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 shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred. (g) An associate clinical social worker 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 payments received were for the specified purposes. (h) An 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. (i) An 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. (j) An associate may provide services via telehealth that are in the scope of practice as outlined in this chapter. (k) 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 their supervisees 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. 84. (SB 775) Effective January 1, 2026.)
  5. 4996.23.3.

    ## 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. )

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    This section limits where associate clinical social workers and licensure applicants may perform services, requires supervision in certain private-practice settings, caps supervision load in nonexempt settings, and requires a written oversight agreement in some cases.

    ## 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. ) ## 4996.23.3. (a) An associate clinical social worker or an 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 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. 10. (SB 1024) Effective January 1, 2025.)
  6. 4996.25.

    ## 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 licensed clinical social worker licensure must complete specified aging-and-long-term-care coursework, provide certification of the coursework to the board, and cannot receive 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 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. ) ## 4996.25. (a) Any applicant for licensure as a licensed clinical social worker who began graduate study on or after January 1, 2004, shall complete, as a condition of licensure, a minimum of 10 contact hours of coursework in aging and long-term care, which could 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. 2010, Ch. 552, Sec. 7. (AB 2435) Effective January 1, 2011.)
  7. 4996.26.

    ## 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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    Certain licensees must take a 3-hour continuing education course in aging and long-term care and submit proof to the board; the board may accept equivalent proof, but may not renew a license until the requirement is met.

    ## 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. ) ## 4996.26. (a) A licensee who began graduate study prior to January 1, 2004, shall complete a three-hour continuing education course in aging and long-term care during his or her first renewal period after the operative date of this section, and shall submit to the board evidence acceptable to the board of the person’s satisfactory completion of the course. (b) The course shall 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. (c) Any person seeking to meet the requirements of subdivision (a) of this section may submit to the board a certificate evidencing completion of equivalent courses in aging and long-term care taken prior to the operative date of this section, or proof of equivalent teaching or practice experience. The board, in its discretion, may accept that certification as meeting the requirements of this section. (d) The board may not renew an applicant’s license until the applicant has met the requirements of this section. (e) Continuing education courses taken pursuant to this section shall be applied to the 36 hours of approved continuing education required in Section 4996.22. (f) This section shall become operative on January 1, 2005. (Amended by Stats. 2010, Ch. 552, Sec. 8. (AB 2435) Effective January 1, 2011.)
  8. 4996.27.

    ## 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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    Clinical social worker applicants and certain existing licensees must complete six hours of suicide risk assessment and intervention coursework or supervised applied experience, and applicants must submit proof to the board.

    ## 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. ) ## 4996.27. (a) On or after January 1, 2021, an applicant for licensure as a clinical social worker 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 4996.22. 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. 31. (SB 1495) Effective January 1, 2023.)
  9. 4996.27.1.

    ## 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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    Applicants for clinical social worker licensure, and certain licensees or reactivation/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 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. ) ## 4996.27.1. (a) On or after July 1, 2023, an applicant for licensure as a clinical social worker 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 4996.22. 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. 10. (AB 1759) Effective January 1, 2023.)
  10. 4996.28.

    ## 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 sets when an associate clinical social worker registration expires and what the registrant must do to renew it.

    ## 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. ) ## 4996.28. (a) Registration as an associate clinical social worker shall expire one year from the last day of the month during which it was issued. To renew a registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions: (1) Apply for renewal on a form prescribed by the board. (2) Pay a renewal fee prescribed by the board. (3) Notify the board whether they have been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken by a regulatory or licensing board in this or any other state, subsequent to the last renewal of the registration. (4) Participate in the California law and ethics examination pursuant to Section 4992.09 each year until successful completion of this examination. (5) Certify under penalty of perjury their compliance with the continuing education requirements set forth in Section 4996.22. (b) An expired registration may be renewed by completing all of the actions described in paragraphs (1) to (5), inclusive, of subdivision (a). (c) A registration as an associate clinical social worker 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 the registration was issued, regardless of whether the registration has been revoked. When no further renewals are possible, an applicant may apply for and obtain a subsequent associate clinical social worker registration number if the applicant meets all requirements for registration in effect at the time of their application for a subsequent associate clinical social worker registration number and has passed the California law and ethics examination pursuant to Section 4992.09. An applicant 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. 11. (AB 1759) Effective January 1, 2023.)
  11. 4996.3.

    ## 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. )

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    The board must assess specified fees for clinical social worker licensure, and it may raise certain 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 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. ) ## 4996.3. (a) The board shall assess the following fees relating to the licensure of clinical social workers: (1) The application fee for registration as an associate clinical social worker shall be 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 fee for annual renewal of an associate clinical social worker 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 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). (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 fees. (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 written examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board. (5) The fee for rescoring an examination shall be twenty dollars ($20). (6) The fee for issuance of an initial license shall be 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 shall be 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. 2021, Ch. 647, Sec. 50. (SB 801) Effective January 1, 2022.)
  12. 4996.4.

    ## 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 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    An applicant who fails the clinical examination may retake it within one year of the failure notice if the required fees are paid; after that, the applicant cannot be examined again until filing a new application, meeting current requirements, and paying all required 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 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. ) ## 4996.4. (a) Effective January 1, 2016, an applicant who fails the clinical examination may, within one year from the notification date of failure, retake that examination as regularly scheduled, without further application, upon payment of the required examination fees. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all current requirements, and pays all required fees. (b) This section shall become operative on January 1, 2016. (Amended (as amended by Stats. 2012, Ch. 799, Sec. 57) by Stats. 2013, Ch. 473, Sec. 47. (SB 821) Effective January 1, 2014. Section operative January 1, 2016, by its own provisions.)
  13. 4996.5.

    ## 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 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    The board must issue a license to each applicant who meets this article’s requirements. The license lets the holder practice clinical social work, use the title licensed clinical social worker, and hold out as qualified to perform the chapter’s functions, as long as renewal fees are paid.

    ## 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. ) ## 4996.5. The board shall issue a license to each applicant meeting the requirements of this article, which license, so long as the renewal fees have been paid, licenses the holder to engage in the practice of clinical social work as defined in Section 4996.9, entitles the holder to use the title of licensed clinical social worker, and authorizes the holder to hold himself or herself out as qualified to perform any of the functions delineated by this chapter. The form and content of the license shall be determined by the director in accordance with Section 164. (Amended by Stats. 2009, Ch. 307, Sec. 62. (SB 821) Effective January 1, 2010.)
  14. 4996.6.

    ## 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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    Social worker licenses expire within 24 months, and renewal requires timely application, payment of the prescribed fee, continuing-education compliance, and notice of certain convictions or discipline.

    ## 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. ) ## 4996.6. (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 shall, on or before the expiration date of the license, complete the following actions: (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 4996.22. (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. (c) To renew an expired license within three years of its expiration, the licensee shall, as a condition precedent to renewal, complete all of the actions described in subdivision (b) and pay a delinquency fee. (d) A license that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter; however, the former licensee may apply for and obtain a new license if he or she satisfies all of the following requirements: (1) No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension. (2) He or she submits an application for licensure. (3) He or she takes and passes the current licensing examinations. (4) He or she submits the licensure application fees and the fee for initial license issuance. (5) He or she complies with the fingerprint requirements established by board regulation. (Amended by Stats. 2017, Ch. 573, Sec. 13. (SB 800) Effective January 1, 2018.)
  15. 4996.61.

    ## 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 suspended license must be renewed under this article, but renewal does not allow the licensee to work while the license remains suspended or before reinstatement.

    ## 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. ) ## 4996.61. 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 the license 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. (Added by Stats. 2021, Ch. 647, Sec. 55. (SB 801) Effective January 1, 2022.)
  16. 4996.62.

    ## 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 revoked license may not be renewed. If it is reinstated after expiration, the licensee must pay a reinstatement fee before reinstatement.

    ## 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. ) ## 4996.62. 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. (Added by Stats. 2021, Ch. 647, Sec. 56. (SB 801) Effective January 1, 2022.)
  17. 4996.65.

    ## 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 must collect a $20 additional fee when a license is renewed, then transfer the money 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 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. ) ## 4996.65. (a) In addition to the fees charged pursuant to Section 4996.3 for the biennial renewal of a license pursuant to Section 4996.6, 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. 5) and added by Stats. 2017, Ch. 557, Sec. 6. (AB 1188) Effective October 7, 2017. Section operative July 1, 2018, by its own provisions.)
  18. 4996.7.

    ## 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 4. Licensure [4996 - 4997.1] ( Heading of Article 4 amended by Stats. 2006, Ch. 659, Sec. 26. )

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    A licensee must display their license in a conspicuous place at the 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 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. ) ## 4996.7. 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. 11. (SB 1024) Effective January 1, 2025.)
  19. 4996.75.

    ## 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 licensee or registrant must give a client a written notice before psychotherapy starts, or as soon as practicable afterward, and document delivery. From July 1, 2025, the notice 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 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. ) ## 4996.75. (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 clinical social workers. 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. 12. (SB 1024) Effective January 1, 2025.)
  20. 4996.9.

    ## 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 clinical social work and psychotherapy.

    ## 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. ) ## 4996.9. The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior, is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; doing research related to social work; and the use, application, and integration of the coursework and experience required by Sections 4996.2 and 4996.23. Psychotherapy, within the meaning of this chapter, is the use of psychosocial methods within a professional relationship, to assist the person or persons to achieve a better psychosocial adaptation, to acquire greater human realization of psychosocial potential and adaptation, and to modify internal and external conditions which affect individuals, groups, or communities in respect to behavior, emotions, and thinking, in respect to their intrapersonal and interpersonal processes. (Amended by Stats. 2013, Ch. 473, Sec. 48. (SB 821) Effective January 1, 2014.)
  21. 4997.

    ## 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 licensee may ask the board to place the license on inactive status. An inactive licensee may not practice clinical social work in this state, must pay a reduced biennial fee, and is exempt from continuing education. Reinstatement to active status is allowed on request if the licensee has no disqualifying act or crime, with different fee and continuing-education requirements depending on time to expiration.

    ## 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. ) ## 4997. (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 clinical social work 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 clinical social work to active status. (1) A licensee requesting his or her license be restored 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 4996.22. (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 4996.22. (Repealed and added by Stats. 2007, Ch. 588, Sec. 88. Effective January 1, 2008.)
  22. 4997.1.

    ## 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 must issue a retired license if the application and fee requirements are met, and retired-license holders must follow practice and title-use limits.

    ## 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. ) ## 4997.1. (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 clinical social worker 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 clinical social worker 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 clinical social worker 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 clinical social work 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) Submits 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 required renewal fee. (4) Completes the required continuing education as specified in Section 4996.22. (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. The 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 fees. (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. 85. (SB 775) Effective January 1, 2026.)
  23. 4998.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. )

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    A licensed clinical social worker corporation may render professional services if it and its service-rendering shareholders, officers, directors, and employees comply with the listed corporate and professional 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4998. A licensed clinical social worker 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 all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With respect to a licensed clinical social worker 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. 58. (SB 801) Effective January 1, 2022.)
  24. 4998.1.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    Licensed persons must not violate, try to violate, help violate, or conspire to violate this article, the Moscone-Knox Professional Corporation Act, or related 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4998.1. 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. 18. Effective January 1, 2000.)
  25. 4998.2.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    A licensed clinical social worker corporation must include “licensed clinical social worker” and corporate-status wording in its name, must not use false or misleading fictitious business names, and must tell the patient before treatment that the business is operated by such a 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4998.2. Notwithstanding Section 4996, the name of a licensed clinical social worker corporation and any name or names under which it may be rendering professional services shall contain the words “licensed clinical social worker” and wording or abbreviations denoting corporate existence. A licensed clinical social worker 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 licensed clinical social worker corporation. (Amended by Stats. 2021, Ch. 647, Sec. 59. (SB 801) Effective January 1, 2022.)
  26. 4998.3.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    Except for the stated exception, directors, shareholders, and officers of a licensed clinical social worker corporation must be licensed persons under the Moscone-Knox Professional Corporation Act.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4998.3. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a licensed clinical social worker corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act. (Added by renumbering Section 4998.4 by Stats. 1999, Ch. 657, Sec. 21. Effective January 1, 2000.)
  27. 4998.4.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    A licensed clinical social worker corporation may not let income from certain professional services benefit a shareholder who is a disqualified person, or that shareholder’s shares.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4998.4. The income of a licensed clinical social worker corporation attributable to professional services rendered while a shareholder is 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), shall not in any manner accrue to the benefit of that shareholder or his or her shares in the licensed clinical social workers corporation. (Added by renumbering Section 4998.5 by Stats. 1999, Ch. 657, Sec. 22. Effective January 1, 2000.)
  28. 4998.5.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. )

    Verify source ↗

    A licensed clinical social worker corporation must not engage in conduct that would count as unprofessional conduct, and must follow the same statutes, rules, and regulations that apply to a licensed clinical social worker.

    ## 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 5. Licensed Clinical Social Workers Corporations [4998 - 4998.5] ( Article 5 added by Stats. 1985, Ch. 820, Sec. 1. ) ## 4998.5. A licensed clinical social worker 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 those statutes, rules, and regulations to the same extent as a person holding a license as a licensed clinical social worker. (Amended by Stats. 2000, Ch. 135, Sec. 7. Effective January 1, 2001.)
  29. 4999.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. )

    Verify source ↗

    This section defines “telephone medical advice service” and carves out a limited exception for certain multi-location medical groups.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. ) ## 4999. “Telephone medical advice service” means any business entity that employs, or contracts or subcontracts, directly or indirectly, with, the full-time equivalent of five or more persons functioning as health care professionals, whose primary function is to provide telephone medical advice, that provides telephone medical advice services to a patient at a California address. “Telephone medical advice service” does not include a medical group that operates in multiple locations in California if no more than five full-time equivalent persons at any one location perform telephone medical advice services and those persons limit the telephone medical advice services to patients being treated at that location. (Amended by Stats. 2016, Ch. 799, Sec. 28. (SB 1039) Effective January 1, 2017.)
  30. 4999.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This chapter is named the Licensed Professional Clinical Counselor Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.10. This chapter constitutes, and may be cited as, the Licensed Professional Clinical Counselor Act. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  31. 4999.100.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    An associate registration expires one year after issuance month-end, and renewal requires timely application, payment of the board’s fee, disclosure of certain convictions or discipline, annual law-and-ethics exam participation, and certification of continuing-education compliance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.100. (a) An associate registration shall expire one year from the last day of the month in which it was issued. (b) To renew a registration, the registrant, on or before the expiration date of the registration, shall do the following: (1) Apply for a renewal on a form prescribed by the board. (2) Pay a renewal fee prescribed by the board. (3) Notify the board whether 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 registrant’s last renewal. (4) Participate in the California law and ethics examination pursuant to Section 4999.53 each year until successful completion of this examination. (5) Certify under penalty of perjury their compliance with the continuing education requirements set forth in Section 4999.76. (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 associate registration may be renewed a maximum of five times. Registration shall not 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 registration in effect at the time of the application for a subsequent associate registration number and has passed the California law and ethics examination described in Section 4999.53. 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. 16. (AB 1759) Effective January 1, 2023.)
  32. 4999.102.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    Licensees must renew unexpired licenses by the expiration date and complete the board’s renewal steps.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.102. (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 described in subdivision (a), 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 4999.76. (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. 2011, Ch. 148, Sec. 9. (SB 274) Effective August 1, 2011.)
  33. 4999.104.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Expired licenses under this chapter may be renewed within three years, but the licensee must complete the renewal application, pay required fees, certify continuing education compliance, and notify the board about specified 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.104. Licenses issued under this chapter that have expired may be renewed at any time within three years of expiration. To renew an expired license described in this section, the licensee shall do all of the following: (a) File an application for renewal on a form prescribed by the board. (b) Pay a two-year renewal fee prescribed by the board. (c) Pay a delinquency fee. (d) Certify compliance with the continuing education requirements set forth in Section 4999.76. (e) Notify the board whether the licensee 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. 2021, Ch. 647, Sec. 70. (SB 801) Effective January 1, 2022.)
  34. 4999.106.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

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

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.106. A license that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued, except that a former licensee may apply for and obtain a new license if he or she complies with all of the following: (a) No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension. (b) He or she takes and passes the current examinations required for licensing. (c) He or she submits an application for initial licensure. (d) He or she meets the requirements pursuant to Section 4999.51. (Amended by Stats. 2012, Ch. 799, Sec. 82. (SB 1575) Effective January 1, 2013.)
  35. 4999.108.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    A suspended license can expire, must be renewed under this article, and does not let the licensee keep practicing while suspended or before reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.108. A suspended license is subject to expiration and shall be renewed as provided in this article, but that 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. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  36. 4999.11.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This section says licensed professional clinical counselors are a separate profession, and applicants who are licensed marriage and family therapists or licensed clinical social workers should be tested on the differences in practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.11. In enacting this chapter, the Legislature recognizes that licensed professional clinical counselors practice a separate and distinct profession from the professions practiced by licensed marriage and family therapists and licensed clinical social workers. As such, the Legislature recognizes the need to appropriately test licensed marriage and family therapists and licensed clinical social workers seeking to become licensed professional clinical counselors on the difference in practice between the professions. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  37. 4999.110.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    A revoked license cannot be renewed, and if it is reinstated after expiration, the licensee must pay a reinstatement fee and any delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.110. 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. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  38. 4999.112.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Licensed professional clinical counselors may ask the board to place a license on inactive status. An inactive license carries a reduced biennial fee, no continuing education requirement, and a ban on practicing professional clinical counseling in California. Reactivation requires a request, a certification of no disqualifying acts or crimes, payment of the remaining fee, and specified continuing education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.112. (a) A licensed professional clinical counselor may apply to the board to request that his or her license be placed on inactive status. A licensee who holds an inactive license shall do all of the following: (1) Pay a biennial fee of one-half of the active renewal fee. (2) Be exempt from continuing education requirements. (3) Not engage in the practice of professional clinical counseling in this state. (4) Otherwise be subject to this chapter. (b) A licensee on inactive status may have his or her license reactivated by complying with all of the following: (1) Submitting a request to the board. (2) Certifying that he or she has not committed any acts or crimes constituting grounds for denial of licensure. (3) Paying the remaining one-half of the renewal fee. (4) Completing the following continuing education requirements: (A) Eighteen hours of continuing education is required within the two years preceding the date of the request for reactivation if the license will expire less than one year from the date of the request for reactivation. (B) Thirty-six hours of continuing education is required within the two years preceding the date of the request for reactivation if the license will expire more than one year from the date of the request for reactivation. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  39. 4999.113.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This section lets the board issue a retired license to eligible professional clinical counselors, limits what retired-license holders may do, and sets the rules for restoring a retired license to active status.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.113. (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 professional clinical counselor 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 professional clinical counselor 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 professional clinical counselor 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 professional clinical counseling 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 required renewal fee. (4) Completes the required continuing education as specified in Section 4999.76. (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 fees. (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. 92. (SB 775) Effective January 1, 2026.)
  40. 4999.114.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board must report monthly to the Controller the amount and source of revenue received under this chapter, and deposit that revenue in 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.114. 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 deposit the entire amount thereof in the State Treasury for credit to the Behavioral Sciences Fund. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  41. 4999.116.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board must keep records about fund spending by licensing or registration category and notify the department by May 31 each year. Fund moneys may be used only after legislative appropriation, and any surpluses may be used for related education and research.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.116. (a) The moneys credited to the Behavioral Sciences Fund under Section 4999.114 shall, upon appropriation by the Legislature, be used for the purposes of carrying out and enforcing the provisions of this chapter. (b) The board shall keep records that will reasonably ensure that funds expended in the administration of each licensing or registration category bear a reasonable relation to the revenue derived from each category, and shall so notify the department no later than May 31 of each year. (c) Surpluses, if any, may be used in a way so as to bear a reasonable relation to the revenue derived from each category, and may include, but not be limited to, expenditures for education and research related to each of the licensing or registration categories. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  42. 4999.118.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

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    A licensee or registrant must tell the board about a name change in writing, include the old and new names, and file it within 30 days after getting new government-issued photo ID.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.118. 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. 24. (SB 800) Effective January 1, 2018.)
  43. 4999.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. )

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    This section defines key terms used in the chapter on licensed professional clinical counselors.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.12. For purposes of this chapter, the following terms have the following meanings: (a) “Board” means the Board of Behavioral Sciences. (b) “Accredited” means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education. (c) “Approved” 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. (d) “Applicant for licensure” means an unlicensed person who has completed the required education and required hours of supervised experience for licensure. (e) “Licensed professional clinical counselor” or “LPCC” means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20. (f) “Associate” means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board. (g) “Clinical counselor trainee” means an unlicensed person who is currently enrolled in a master’s or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program. (h) “Supervisor” 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 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. (i) “Client centered advocacy” 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. (j) “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. (k) “Referral” means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources. (l) “Research” means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact. (m) “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 licensed professional clinical counseling. (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. (n) “Clinical setting” means any setting that meets both of the following requirements: (1) Lawfully and regularly provides mental health counseling or psychotherapy. (2) Provides oversight to ensure that the associate’s work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession. (Amended by Stats. 2025, Ch. 787, Sec. 86. (SB 775) Effective January 1, 2026.)
  44. 4999.12.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. )

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    This section renames certain counselor intern titles and treats those old title references as references to the new associate titles.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.12.5. (a) (1) The title “professional clinical counselor intern” or “professional clinical counselor registered intern” is hereby renamed “associate professional clinical counselor” or “registered associate professional clinical counselor,” respectively. Any reference in any statute or regulation to a “professional clinical counselor intern” or “professional clinical counselor registered intern” shall be deemed a reference to an “associate professional clinical counselor” or “registered associate professional clinical counselor.” (2) Any reference in this chapter to the term “intern” means “associate.” (b) Nothing in this section shall 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. 15. (SB 800) Effective January 1, 2018.)
  45. 4999.120.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board must assess specified licensure, registration, examination, renewal, and related fees for professional clinical counselors, and it may increase several of those fees by regulation up to stated caps.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.120. (a) The board shall assess the following fees relating to the licensure of professional clinical counselors: (1) 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). (2) The fee for the application for 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) (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). (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 fees. (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 written examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board. (4) The fee for the issuance of a 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). (5) The fee for the annual renewal of 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). (6) 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). (7) The renewal 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. (8) The fee for issuance of a retired license shall be forty dollars ($40). (9) The fee for rescoring an examination shall be twenty dollars ($20). (10) The fee for issuance of a replacement license or registration shall be twenty dollars ($20). (11) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25). (b) This section shall become operative on January 1, 2021. (Amended by Stats. 2021, Ch. 647, Sec. 71. (SB 801) Effective January 1, 2022.)
  46. 4999.121.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board must charge an extra $20 when a license is renewed and send that money 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 6. Revenue [4999.100 - 4999.121] ( Article 6 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.121. (a) In addition to the fees charged pursuant to Section 4999.120 for the biennial renewal of a license pursuant to Section 4999.102, 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. (Added by Stats. 2017, Ch. 557, Sec. 7. (AB 1188) Effective October 7, 2017. Section operative July 1, 2018, by its own provisions.)
  47. 4999.123.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. )

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    A professional clinical counselor corporation may render professional services only if it and its relevant shareholders, officers, directors, and employees comply with the cited corporation law, this article, and other applicable statutes or regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. ) ## 4999.123. A professional clinical counselor 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 who are 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 professional clinical counselor corporation, the term “governmental agency” in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code) shall be construed to mean the Board of Behavioral Sciences. (Amended by Stats. 2021, Ch. 647, Sec. 73. (SB 801) Effective January 1, 2022.)
  48. 4999.124.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. )

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    Licensed persons under this chapter must not violate or help violate this article, the Moscone-Knox Professional Corporation Act, or related regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. ) ## 4999.124. 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 regulation adopted under those laws. (Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.)
  49. 4999.125.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. )

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    A professional clinical counselor corporation must use specified words in its name and may not use a false, misleading, or deceptive fictitious business name; it must also tell each patient before treatment that the business is operated by such a corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. ) ## 4999.125. The name of a professional clinical counselor corporation and any name or names under which it may be rendering professional services shall contain the words “licensed professional clinical counselor” or “professional clinical counselor” and wording or abbreviations denoting a corporate existence. A professional clinical counselor corporation that conducts business under a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform each patient, prior to commencement of treatment, that the business is conducted by a professional clinical counselor corporation. (Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.)
  50. 4999.126.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. )

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    Each director, shareholder, and officer of a professional clinical counselor corporation must be a licensed person, unless Section 13403 of the Corporations Code provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. ) ## 4999.126. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a professional clinical counselor corporation shall be a licensed person, as defined in Section 13401 of the Corporations Code. (Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.)
  51. 4999.127.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. )

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    A professional clinical counselor corporation may not let income from services performed while a shareholder is a disqualified person 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. ) ## 4999.127. The income of a professional clinical counselor 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 that shareholder or his or her shares in the professional clinical counselor corporation. (Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.)
  52. 4999.128.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. )

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    A professional clinical counselor corporation must not do anything that would be unprofessional conduct, and it must follow the statutes, rules, and regulations that apply to a licensed professional clinical counselor when practicing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. ) ## 4999.128. A professional clinical counselor corporation shall not perform or fail to perform any act the performance of which, or for which the failure to perform, would constitute unprofessional conduct under any statute, rule, or regulation. In the conduct of its practice, a professional clinical counselor corporation shall observe and be bound by any statute, rule, or regulation that applies to a licensed professional clinical counselor. (Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.)
  53. 4999.129.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. )

    Verify source ↗

    The board may make and enforce rules for this article. Those rules may require professional clinical counselor corporations to include stock-sale provisions in their articles or bylaws and to provide 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 7. Professional Clinical Counselor Corporations [4999.123 - 4999.129] ( Article 7 added by Stats. 2011, Ch. 381, Sec. 13. ) ## 4999.129. The board may formulate and enforce any rule or regulation to carry out the purposes and objectives of this article, including as follows: (a) Any rule or regulation that requires that the articles of incorporation or bylaws of a professional clinical counselor corporation shall include a provision that requires the capital stock of the corporation owned by a disqualified person, as defined in Section 13401 of the Corporations Code, or a deceased person to be sold to the corporation or to the remaining shareholders of the corporation within the timeframe that the rule or regulation requires. (b) Any rule or regulation that requires that a professional clinical counselor corporation shall provide adequate security by insurance or otherwise for claims against the corporation by its patients arising out of the rendering of professional services. (Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.)
  54. 4999.13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This section defines when a person is considered to be practicing professional clinical counseling.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.13. A person engages in the practice of professional clinical counseling 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. 4. (SB 274) Effective August 1, 2011.)
  55. 4999.14.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    The board must communicate licensure and counseling information to specified groups and develop policies to help educational institutions meet educational qualification requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 1. Administration [4999.10 - 4999.14] ( Article 1 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.14. The board shall do all of the following: (a) Communicate information about its activities, the requirements and qualifications for licensure, and the practice of professional clinical counseling to the relevant educational institutions, supervisors, professional associations, applicants, clinical counselor trainees, associates, and the public. (b) Develop policies and procedures to assist educational institutions in meeting the educational qualifications of Sections 4999.32 and 4999.33. (Amended by Stats. 2018, Ch. 703, Sec. 38. (SB 1491) Effective January 1, 2019.)
  56. 4999.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. )

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    A telephone medical advice service must ensure its health care professionals are properly licensed and follow applicable practice laws, keep California patient records for at least five years, avoid misleading staff titles, and comply with requests from state health authorities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. ) ## 4999.2. A telephone medical advice service shall be responsible for complying with the following requirements: (a) (1) Ensuring that all health care professionals who provide medical advice services are appropriately licensed, certified, or registered as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act, as a dentist, dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions pursuant to Chapter 4 (commencing with Section 1600), as an occupational therapist pursuant to Chapter 5.6 (commencing with Section 2570), as a registered nurse pursuant to Chapter 6 (commencing with Section 2700), as a psychologist pursuant to Chapter 6.6 (commencing with Section 2900), as a naturopathic doctor pursuant to Chapter 8.2 (commencing with Section 3610), as a marriage and family therapist pursuant to Chapter 13 (commencing with Section 4980), as a licensed clinical social worker pursuant to Chapter 14 (commencing with Section 4991), as a licensed professional clinical counselor pursuant to Chapter 16 (commencing with Section 4999.10), as an optometrist pursuant to Chapter 7 (commencing with Section 3000), or as a chiropractor pursuant to the Chiropractic Initiative Act, and operating consistent with the laws governing their respective scopes of practice in the state within which they provide telephone medical advice services, except as provided in subdivision (b). (2) Ensuring that all health care professionals who provide telephone medical advice services from an out-of-state location, as identified in paragraph (1), are licensed, registered, or certified in the state within which they are providing the telephone medical advice services and are operating consistent with the laws governing their respective licenses and scopes of practice. (b) Ensuring that the telephone medical advice provided is consistent with good professional practice. (c) Maintaining records of telephone medical advice services, including records of complaints, provided to patients in California for a period of at least five years. (d) Ensuring that no staff member uses a title or designation when speaking to an enrollee, subscriber, or consumer that may cause a reasonable person to believe that the staff member is a licensed, certified, or registered health care professional described in paragraph (1) of subdivision (a), unless the staff member is a licensed, certified, or registered professional. (e) Complying with all directions and requests for information made by the Department of Consumer Affairs and respective healing arts licensing boards. (Amended by Stats. 2022, Ch. 684, Sec. 1. (AB 1102) Effective January 1, 2023.)
  57. 4999.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Professional clinical counselors must refer clients to other licensed health care professionals when a client’s issue is beyond the counselor’s education, training, or experience.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.20. (a) (1) “Professional clinical counseling” means the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the coursework and training required by Sections 4999.32 and 4999.33. “Professional clinical counseling” includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions. (2) “Professional clinical counseling” is focused exclusively on the application of counseling interventions and psychotherapeutic techniques for the purposes of improving mental health, and is not intended to capture other, nonclinical forms of counseling for the purposes of licensure. For purposes of this paragraph, “nonclinical” means nonmental health. (3) “Professional clinical counseling” does not include the provision of clinical social work services. (b) “Counseling interventions and psychotherapeutic techniques” means the application of cognitive, affective, verbal or nonverbal, systemic or holistic counseling strategies that include principles of development, wellness, and maladjustment that reflect a pluralistic society. These interventions and techniques are specifically implemented in the context of a professional clinical counseling relationship and use a variety of counseling theories and approaches. (c) “Assessment” means selecting, administering, scoring, and interpreting tests, instruments, and other tools and methods designed to measure an individual’s attitudes, abilities, aptitudes, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral concerns and development and the use of methods and techniques for understanding human behavior in relation to coping with, adapting to, or ameliorating changing life situations, as part of the counseling process. “Assessment” shall not include the use of projective techniques in the assessment of personality, individually administered intelligence tests, neuropsychological testing, or utilization of a battery of three or more tests to determine the presence of psychosis, dementia, amnesia, cognitive impairment, or criminal behavior. (d) Professional clinical counselors shall refer clients to other licensed health care professionals when they identify issues beyond their own scope of education, training, and experience. (Amended by Stats. 2021, Ch. 440, Sec. 3. (AB 462) Effective January 1, 2022.)
  58. 4999.200.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 17. Qualified Autism Service Providers [4999.200 - 4999.202] ( Chapter 17 added by Stats. 2025, Ch. 413, Sec. 2. )

    Verify source ↗

    This section defines who counts as a qualified autism service provider.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 17. Qualified Autism Service Providers [4999.200 - 4999.202] ( Chapter 17 added by Stats. 2025, Ch. 413, Sec. 2. ) ## 4999.200. “Qualified autism service provider” means an individual who meets either of the following criteria: (a) Is certified by a national entity, such as the Behavior Analyst Certification Board, with a certification that is accredited by the National Commission for Certifying Agencies who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the individual who is nationally certified. (b) Is licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational psychologist, clinical social worker, professional clinical counselor, speech-language pathologist, or audiologist, pursuant to Division 2 (commencing with Section 500), and who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee. (Added by Stats. 2025, Ch. 413, Sec. 2. (SB 402) Effective January 1, 2026.)
  59. 4999.201.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 17. Qualified Autism Service Providers [4999.200 - 4999.202] ( Chapter 17 added by Stats. 2025, Ch. 413, Sec. 2. )

    Verify source ↗

    This section defines “qualified autism service professional” by listing the criteria a person must meet.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 17. Qualified Autism Service Providers [4999.200 - 4999.202] ( Chapter 17 added by Stats. 2025, Ch. 413, Sec. 2. ) ## 4999.201. “Qualified autism service professional” means an individual who meets all of the following criteria: (a) Provides behavioral health treatment, which may include clinical case management and case supervision under the direction and supervision of a qualified autism service provider. (b) Is supervised by a qualified autism service provider. (c) Provides treatment pursuant to a treatment plan developed and approved by the qualified autism service provider. (d) Is either of the following: (1) A behavioral service provider who meets the education and experience qualifications described in Section 54342 of Title 17 of the California Code of Regulations for an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program. (2) (A) A psychological associate, an associate marriage and family therapist, an associate clinical social worker, or an associate professional clinical counselor, as defined and regulated by the Board of Behavioral Sciences or the Board of Psychology. (B) If an individual meets the requirement described in subparagraph (A), they shall also meet the criteria set forth in the regulations adopted pursuant to Section 4686.4 of the Welfare and Institutions Code for a Behavioral Health Professional. (e) (1) Has training and experience in providing services for pervasive developmental disorder or autism pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code. (f) Is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan. (Added by Stats. 2025, Ch. 413, Sec. 2. (SB 402) Effective January 1, 2026.)
  60. 4999.202.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 17. Qualified Autism Service Providers [4999.200 - 4999.202] ( Chapter 17 added by Stats. 2025, Ch. 413, Sec. 2. )

    Verify source ↗

    This section defines “qualified autism service paraprofessional” as an unlicensed, uncertified individual who satisfies five supervision, treatment, education/training, certification, and employment criteria.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 17. Qualified Autism Service Providers [4999.200 - 4999.202] ( Chapter 17 added by Stats. 2025, Ch. 413, Sec. 2. ) ## 4999.202. “Qualified autism service paraprofessional” means an unlicensed and uncertified individual who meets all of the following criteria: (a) Is supervised by a qualified autism service provider or qualified autism service professional at a level of clinical supervision that meets professionally recognized standards of practice. (b) Provides treatment and implements services pursuant to a treatment plan that was developed and approved by the qualified autism service provider. (c) Meets the education and training qualifications described in Section 54342 of Title 17 of the California Code of Regulations. (d) Has adequate education, training, and experience, as certified by a qualified autism service provider or an entity or group that employs qualified autism service providers. (e) Is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan. (Added by Stats. 2025, Ch. 413, Sec. 2. (SB 402) Effective January 1, 2026.)
  61. 4999.22.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This section limits who may use “licensed professional clinical counselor” language, requires a notice and documentation for certain unlicensed or unregistered employees or volunteers, and creates several exemptions from the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.22. (a) Nothing in this chapter shall prevent qualified persons from doing work of a psychosocial nature consistent with the standards and ethics of their respective professions. However, these qualified persons shall not hold themselves out to the public by any title or description of services incorporating the words “licensed professional clinical counselor” and shall not state that they are licensed to practice professional clinical counseling, unless they are otherwise licensed to provide professional clinical counseling services. (b) Nothing in this chapter shall be construed to constrict, limit, or withdraw provisions of the Medical Practice Act, the Clinical Social Worker Practice Act, the Nursing Practice Act, the Psychology Licensing Law, or the Licensed Marriage and Family Therapist Act. (c) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination who performs counseling services as part of their pastoral or professional duties, or to any person who is admitted to practice law in this state, or who is licensed to practice medicine, who provides counseling services as part of their professional practice. (d) 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. (e) Notwithstanding subdivisions (c) and (d), 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. 18.5. (AB 690) Effective January 1, 2022.)
  62. 4999.23.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. )

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    A licensed professional clinical counselor from another U.S. jurisdiction may provide services in California for up to 30 consecutive days per 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.23. (a) Notwithstanding Section 4999.30, a person who holds a license in another jurisdiction of the United States as a professional clinical counselor may provide professional clinical counseling 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 professional clinical counseling 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 professional clinical counseling 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. 87. (SB 775) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  63. 4999.25.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    Settings described in Section 4999.22 are exempt settings and generally are not under the chapter’s or board’s jurisdiction, except as Section 4999.22 specifies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.25. The settings described in Section 4999.22 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 4999.22, 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 4999.22. (Added by Stats. 2021, Ch. 747, Sec. 20. (AB 690) Effective January 1, 2022.)
  64. 4999.26.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This section defines several terms and requires an active license or registration number to practice professional clinical counseling in nonexempt settings, with limited trainee and associate applicant exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.26. (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 4999.22. (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 professional clinical counseling, as defined in Section 4999.20, in nonexempt settings at all times, except as follows: (1) A trainee may engage in the practice of professional clinical counseling 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 4999.36. (2) An applicant for registration as an associate may engage in the practice of professional clinical counseling 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 4999.46 and are gaining supervised experience that meets the requirements of this chapter. (Added by Stats. 2021, Ch. 747, Sec. 21. (AB 690) Effective January 1, 2022.)
  65. 4999.27.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This section lets certain supervised trainee-style counseling activities continue for people training graduate students in approved institutions, but bars graduate students from doing professional clinical counseling in private practice or a professional corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 2. Scope of Practice [4999.20 - 4999.27] ( Article 2 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.27. (a) Nothing in this chapter shall restrict or prevent activities of a psychotherapeutic or counseling nature on the part of persons employed by accredited or state-approved academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a degree that qualifies for professional clinical counselor licensure at an accredited or state-approved college or university, provided that these activities and services constitute a part of a supervised course of study and that those persons are designated by a title such as “clinical counselor trainee” or other title clearly indicating the training status appropriate to the level of training. (b) Notwithstanding subdivision (a), a graduate student shall not perform professional clinical counseling in a private practice or a professional corporation. (Added by renumbering Section 4999.24 by Stats. 2021, Ch. 747, Sec. 19. (AB 690) Effective January 1, 2022.)
  66. 4999.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    A person may not practice or advertise professional clinical counseling services without a board-issued license, and must pay the license fee required by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.30. Except as otherwise provided in this chapter, a person shall not practice or advertise the performance of professional clinical counseling services without a license issued by the board, and shall pay the license fee required by this chapter. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  67. 4999.32.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    This section sets education and training requirements for licensure or registration as a licensed professional clinical counselor, and gives the board final authority to decide whether a degree satisfies the requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.32. (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 4999.33. (b) To qualify for licensure or registration, applicants shall possess a master’s or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is “counseling or psychotherapy in content” if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (d), the coursework in the core content areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c). (c) The degree described in subdivision (b) shall be a single, integrated program that contains not less than 48 graduate semester units or 72 graduate quarter units of instruction, which shall, except as provided in subdivision (d), include all of the following: (1) The equivalent of at least three semester units or four quarter units of graduate study in each of the following core content areas: (A) Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters. (B) Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior. (C) Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development. (D) Group counseling theories and techniques, including principles of group dynamics, group process components, developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness. (E) Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling. (F) Multicultural counseling theories and techniques, including counselors’ roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors’ roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination. (G) Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual of Mental Disorders, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care. (H) Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation. (I) Professional orientation, ethics, and law in counseling, including professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the profession’s scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioner’s sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients. (2) In addition to the course requirements described in paragraph (1), a minimum of 12 semester units or 18 quarter units of advanced coursework to develop knowledge of specific treatment issues, special populations, application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics. (3) Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following: (A) Applied psychotherapeutic techniques. (B) Assessment. (C) Diagnosis. (D) Prognosis. (E) Treatment planning. (F) Treatment. (G) Issues of development, adjustment, and maladjustment. (H) Health and wellness promotion. (I) Other recognized counseling interventions. (J) A minimum of 150 hours of face-to-face supervised clinical experience counseling individuals, families, or groups. (d) (1) (A) An applicant whose degree is deficient in no more than two of the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing postmaster’s or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12. (B) Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency: (i) The application for licensure was received by the board on or before August 31, 2020. (ii) The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board. (2) Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study. (3) The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation. (e) In addition to the degree described in this section, or as part of that degree, an applicant shall complete the following coursework or training prior to registration as an associate: (1) A minimum of 15 contact hours of instruction in alcoholism and other chemical substance abuse dependency, as specified by regulation. (2) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. (3) A two semester unit or three quarter unit survey course in psychopharmacology. (4) A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. (5) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations adopted thereunder. (6) A minimum of 18 contact hours of instruction in California law and professional ethics for professional clinical counselors 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, 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, and state and federal laws related to confidentiality of patient health information. When coursework in a master’s or doctoral degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester unit or 72 quarter unit requirement in subdivision (c). (7) A minimum of 10 contact hours of instruction 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. (8) A minimum of 15 contact hours of instruction in crisis or trauma counseling, including multidisciplinary responses to crises, emergencies, or disasters, and brief, intermediate, and long-term approaches. (Amended by Stats. 2021, Ch. 647, Sec. 61. (SB 801) Effective January 1, 2022.)
  68. 4999.33.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    Applicants for licensure or registration must have a qualifying counseling- or psychotherapy-related graduate degree and meet specified coursework, practicum, and experience requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.33. (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 licensure or registration, applicants shall possess a master’s or doctoral degree that is counseling or psychotherapy in content and that meets the requirements of this section, obtained from an accredited or approved institution, as defined in Section 4999.12. For purposes of this subdivision, a degree is “counseling or psychotherapy in content” if it contains the supervised practicum or field study experience described in paragraph (3) of subdivision (c) and, except as provided in subdivision (f), the coursework in the core content areas listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c). (c) The degree described in subdivision (b) shall be a single, integrated program that contains not less than 60 graduate semester units or 90 graduate quarter units of instruction, which shall, except as provided in subdivision (f), include all of the following: (1) The equivalent of at least three semester units or four quarter units of graduate study in all of the following core content areas: (A) Counseling and psychotherapeutic theories and techniques, including the counseling process in a multicultural society, an orientation to wellness and prevention, counseling theories to assist in selection of appropriate counseling interventions, models of counseling consistent with current professional research and practice, development of a personal model of counseling, and multidisciplinary responses to crises, emergencies, and disasters. (B) Human growth and development across the lifespan, including normal and abnormal behavior and an understanding of developmental crises, disability, psychopathology, and situational and environmental factors that affect both normal and abnormal behavior. (C) Career development theories and techniques, including career development decisionmaking models and interrelationships among and between work, family, and other life roles and factors, including the role of multicultural issues in career development. (D) Group counseling theories and techniques, including principles of group dynamics, group process components, group developmental stage theories, therapeutic factors of group work, group leadership styles and approaches, pertinent research and literature, group counseling methods, and evaluation of effectiveness. (E) Assessment, appraisal, and testing of individuals, including basic concepts of standardized and nonstandardized testing and other assessment techniques, norm-referenced and criterion-referenced assessment, statistical concepts, social and cultural factors related to assessment and evaluation of individuals and groups, and ethical strategies for selecting, administering, and interpreting assessment instruments and techniques in counseling. (F) Multicultural counseling theories and techniques, including counselors’ roles in developing cultural self-awareness, identity development, promoting cultural social justice, individual and community strategies for working with and advocating for diverse populations, and counselors’ roles in eliminating biases and prejudices, and processes of intentional and unintentional oppression and discrimination. (G) Principles of the diagnostic process, including differential diagnosis, and the use of current diagnostic tools, such as the current edition of the Diagnostic and Statistical Manual of Mental Disorders, the impact of co-occurring substance use disorders or medical psychological disorders, established diagnostic criteria for mental or emotional disorders, and the treatment modalities and placement criteria within the continuum of care. (H) Research and evaluation, including studies that provide an understanding of research methods, statistical analysis, the use of research to inform evidence-based practice, the importance of research in advancing the profession of counseling, and statistical methods used in conducting research, needs assessment, and program evaluation. (I) Professional orientation, ethics, and law in counseling, including California law and professional ethics for professional clinical counselors, professional ethical standards and legal considerations, licensing law and process, regulatory laws that delineate the profession’s scope of practice, counselor-client privilege, confidentiality, the client dangerous to self or others, treatment of minors with or without parental consent, relationship between practitioner’s sense of self and human values, functions and relationships with other human service providers, strategies for collaboration, and advocacy processes needed to address institutional and social barriers that impede access, equity, and success for clients. (J) Psychopharmacology, including the biological bases of behavior, basic classifications, indications, and contraindications of commonly prescribed psychopharmacological medications so that appropriate referrals can be made for medication evaluations and so that the side effects of those medications can be identified. (K) Addictions counseling, including substance abuse, co-occurring disorders, and addiction, major approaches to identification, evaluation, treatment, and prevention of substance abuse and addiction, legal and medical aspects of substance abuse, populations at risk, the role of support persons, support systems, and community resources. (L) Crisis or trauma counseling, including crisis theory; multidisciplinary responses to crises, emergencies, or disasters; cognitive, affective, behavioral, and neurological effects associated with trauma; brief, intermediate, and long-term approaches; and assessment strategies for clients in crisis and principles of intervention for individuals with mental or emotional disorders during times of crisis, emergency, or disaster. (M) Advanced counseling and psychotherapeutic theories and techniques, including the application of counseling constructs, assessment and treatment planning, clinical interventions, therapeutic relationships, psychopathology, or other clinical topics. (2) In addition to the course requirements described in paragraph (1), 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. (3) Not less than six semester units or nine quarter units of supervised practicum or field study experience that involves direct client contact in a clinical setting that provides a range of professional clinical counseling experience, including the following: (A) Applied psychotherapeutic techniques. (B) Assessment. (C) Diagnosis. (D) Prognosis. (E) Treatment planning. (F) Treatment. (G) Issues of development, adjustment, and maladjustment. (H) Health and wellness promotion. (I) Professional writing including documentation of services, treatment plans, and progress notes. (J) How to find and use resources. (K) Other recognized counseling interventions. (L) A minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups. (d) The 60 graduate semester units or 90 graduate quarter units of instruction required pursuant to subdivision (c) shall, in addition to meeting the requirements of subdivision (c), include instruction in all of the following: (1) The understanding of human behavior within the social context of socioeconomic status and other contextual issues affecting social position. (2) The understanding of human behavior within the social context of a representative variety of the cultures found within California. (3) Cultural competency and sensitivity, including a familiarity with the racial, cultural, linguistic, and ethnic backgrounds of persons living in California. (4) An understanding of the effects of socioeconomic status on treatment and available resources. (5) 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) Case management, systems of care for the severely mentally ill, public and private services for the severely mentally ill, community resources for victims of abuse, disaster and trauma response, advocacy for the severely mentally ill, and collaborative treatment. The instruction required in this paragraph may be provided either in credit level coursework or through extension programs offered by the degree-granting institution. (7) Human sexuality, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction. (8) Spousal or partner abuse assessment, detection, intervention strategies, and same gender abuse dynamics. (9) 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. (10) Aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect. (e) A degree program that qualifies for licensure under this section shall do all of the following: (1) Integrate the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments. (2) Integrate an understanding of various cultures and the social and psychological implications of socioeconomic position. (3) Provide the opportunity for students 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. (f) (1) (A) An applicant whose degree is deficient in no more than three of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) may satisfy those deficiencies by successfully completing post-master’s or postdoctoral degree coursework at an accredited or approved institution, as defined in Section 4999.12. (B) Notwithstanding subparagraph (A), an applicant shall not be deficient in the required areas of study specified in subparagraphs (E) or (G) of paragraph (1) of subdivision (c) unless the applicant meets one of the following criteria and remediates the deficiency: (i) The application for licensure was received by the board on or before August 31, 2020. (ii) The application for registration was received by the board on or before August 31, 2020, and the registration was subsequently issued by the board. (2) Coursework taken to meet deficiencies in the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) shall be the equivalent of three semester units or four quarter units of study. (3) The board shall make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation. (Amended by Stats. 2021, Ch. 647, Sec. 62. (SB 801) Effective January 1, 2022.)
  69. 4999.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    A clinical counselor trainee may do supervised training activities, but must disclose unlicensed status to clients, schools must coordinate and approve practicum sites, and trainee hours do not count toward the 3,000-hour postdegree experience requirement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.36. (a) A clinical counselor trainee may perform activities and services provided that the activities and services constitute part of the clinical counselor trainee’s supervised course of study and that the person is designated by the title “clinical counselor trainee.” (b) All practicum and field study hours gained as a clinical counselor trainee shall be coordinated between the school and the site where 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. (c) If an applicant has gained practicum and field study hours 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 practicum and field study hours were gained in compliance with this section. (d) A clinical counselor trainee shall inform each client or patient, prior to performing any professional services, that he or she is unlicensed and under supervision. (e) No hours earned while a clinical counselor trainee may count toward the 3,000 hours of required postdegree supervised experience. (Amended by Stats. 2018, Ch. 743, Sec. 38. (AB 93) Effective January 1, 2019.)
  70. 4999.40.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    Educational institutions must notify students their program meets specified requirements and certify that notice to the board; applicants must submit school certifications, and foreign-trained applicants must provide degree equivalency evidence and other documentation the board requires.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.40. (a) Each educational institution preparing applicants to qualify for 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 4999.32 or 4999.33 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 4999.32. (2) Meets all of the requirements set forth in Section 4999.33. (c) An applicant trained at an educational institution outside the United States shall demonstrate to the satisfaction of the board that he or she possesses a qualifying degree that is equivalent to a degree earned from an institution of higher education that is accredited or approved. These applicants 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 and shall provide any other documentation the board deems necessary. (Amended by Stats. 2016, Ch. 489, Sec. 42. (SB 1478) Effective January 1, 2017.)
  71. 4999.42.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    An applicant must meet listed qualifications to register as an associate, and the board must not issue 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.42. (a) An applicant shall meet all of the following qualifications to qualify for registration as an associate: (1) Earned a master’s or doctoral degree as specified in Section 4999.32 or 4999.33, as applicable. An applicant whose education qualifies the applicant under Section 4999.32 shall also have completed the coursework or training specified in subdivision (e) of Section 4999.32. (2) Be at least 18 years of age. (3) Not be subject to denial of licensure pursuant to Section 480. (b) (1) The board shall not issue a registration 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. (2) A denial issued pursuant to this subdivision shall comply with the conditions for denial specified in Section 480. (Amended by Stats. 2021, Ch. 647, Sec. 63. (SB 801) Effective January 1, 2022.)
  72. 4999.46.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    Applicants generally need an active associate registration to earn supervised experience hours, and applicants may not work or volunteer in private practice or a professional corporation before that registration is issued.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.46. (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 their 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 they have been issued an associate registration by the board. (c) Supervised experience that is obtained for the purposes of qualifying for licensure shall be related to the practice of professional clinical counseling and comply with the following: (1) A minimum of 3,000 postdegree hours performed over a period of not less than two years (104 weeks). (2) Not more than 40 hours in any seven consecutive days. (3) Not less than 1,750 hours of direct clinical counseling with individuals, groups, couples, or families using a variety of psychotherapeutic techniques and recognized counseling interventions. (4) 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 professional clinical counseling that have been approved by the applicant’s supervisor. (5) 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. (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. (e) Experience hours shall not have been gained more than six years prior to the date the application for licensure was received by the board. (Amended by Stats. 2021, Ch. 747, Sec. 22. (AB 690) Effective January 1, 2022.)
  73. 4999.46.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

    Verify source ↗

    Associates and licensure applicants must be supervised; associates must tell clients they are unlicensed and supervised; registration renewals are capped, and later registration is available only in limited circumstances.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.46.1. (a) An associate or applicant for licensure shall be under the supervision of a supervisor at all times. (b) An associate shall do both of the following: (1) Inform each client, before performing any professional services, that the associate is unlicensed and under supervision. (2) Renew the registration a maximum of five times. A registration shall not 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. (c) 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 issued a subsequent associate registration number shall not be employed or volunteer in a private practice. (Amended by Stats. 2021, Ch. 647, Sec. 64. (SB 801) Effective January 1, 2022.)
  74. 4999.46.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    This section sets supervision rules for clinical counselor experience, including minimum direct supervisor contact, timing, and videoconferencing limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.46.2. (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (4) of subdivision (c) of Section 4999.46, 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. (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 after January 1, 2009, no more than six hours of supervision, whether individual supervision, triadic supervision, or group supervision, 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. The 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 in 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 (4) of subdivision (c) of Section 4999.46, shall be at the supervisor’s discretion. (Amended (as amended by Stats. 2024, Ch. 160, Sec. 14) by Stats. 2025, Ch. 787, Sec. 88. (SB 775) Effective January 1, 2026.)
  75. 4999.46.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Clinical counselor trainees, associates, and licensure applicants have to work only as employees or volunteers, not independent contractors, and several setting, payment, and supervision limits apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.46.3. (a) A clinical counselor 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 clinical counselor 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 4999.20, 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 corresponding 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 their employer verifying the associate’s status as a volunteer during the dates the experience was gained. (b) A clinical counselor trainee shall not perform services in a private practice or professional corporation. (c) A trainee shall complete the required predegree supervised practicum or field study experience in a setting that meets all of the following requirements: (1) Is not a private practice or a professional corporation. (2) Lawfully and regularly provides mental health counseling or psychotherapy. (3) Provides oversight to ensure that the clinical counselor trainee’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice of the profession, as defined in Section 4999.20. (4) Only experience gained in the position for which the clinical counselor trainee volunteers or is employed shall qualify as supervised practicum or field study experience. (d) (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 4999.20. (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 they have been issued an associate registration by the board. (e) 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. (f) A clinical counselor 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. (g) A clinical counselor 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. (h) A clinical counselor 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 payments received were for reimbursement of expenses actually incurred. (i) A clinical counselor 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 payments were for the specified purposes. (j) A clinical counselor trainee or associate may provide services via telehealth that are in the scope of practice outlined in this chapter. (k) 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 their 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 that counseling or psychotherapy at a reasonable cost. (Amended by Stats. 2025, Ch. 787, Sec. 90. (SB 775) Effective January 1, 2026.)
  76. 4999.46.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Clinical counselor trainees, associates, and licensure applicants may only provide services where their employer allows business, and certain associates must be supervised under specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.46.4. (a) A clinical counselor 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 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. 16. (SB 1024) Effective January 1, 2025.)
  77. 4999.46.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board may audit a supervisor’s records to verify required qualifications. Supervisors must keep those 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.46.5. 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 supervision and shall make these records available to the board for auditing purposes upon request. (Added by Stats. 2018, Ch. 743, Sec. 48. (AB 93) Effective January 1, 2019.)
  78. 4999.48.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board must adopt regulations about supervision of associates.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.48. The board shall adopt regulations regarding the supervision of associates 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) General responsibilities of supervisors. (e) The board’s authority in cases of noncompliance or gross or repeated negligence by supervisors. (Amended by Stats. 2018, Ch. 703, Sec. 41. (SB 1491) Effective January 1, 2019.)
  79. 4999.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. )

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    The healing arts licensing boards must enforce this chapter and related laws and regulations for California licensed health care professionals providing telephone medical advice services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. ) ## 4999.5. The respective healing arts licensing boards shall be responsible for enforcing this chapter and any other laws and regulations affecting California licensed health care professionals providing telephone medical advice services. (Repealed and added by Stats. 2016, Ch. 799, Sec. 34. (SB 1039) Effective January 1, 2017.)
  80. 4999.50.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board may issue a professional clinical counselor license to a person who meets the stated education, supervised experience, and exam requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.50. (a) The board may issue a professional clinical counselor license to any person who meets all of the following requirements: (1) He or she has received a master’s or doctoral degree described in Section 4999.32 or 4999.33, as applicable. (2) He or she has completed at least 3,000 hours of supervised experience in the practice of professional clinical counseling. (3) He or she provides evidence of a passing score, as determined by the board, on the examinations designated in Section 4999.53. (b) An applicant for licensure who has satisfied the requirements of this chapter shall be issued a license as a professional clinical counselor. (Amended by Stats. 2018, Ch. 743, Sec. 50. (AB 93) Effective January 1, 2019.)
  81. 4999.51.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Applicants for licensure as a professional clinical counselor, or registration as an associate, must meet listed qualification checks, including criminal history limits and fingerprint-based background screening; the board must request subsequent arrest notification service for all applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.51. An applicant for licensure as a professional clinical counselor or registration as an associate shall satisfy the following qualifications: (a) Not be subject to denial of licensure pursuant to Section 480. (b) (1) Not have 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. (2) A denial issued pursuant to this subdivision shall comply with the conditions for denial specified in Section 480. (c) Have successfully passed a state and federal level criminal offender record information search conducted through the Department of Justice by submitting fingerprint images and other information to the Department of Justice for the purpose of obtaining records of state and federal convictions and arrests. The board shall request the subsequent arrest notification service on all applicants, pursuant to Section 11105.2 of the Penal Code. (Amended by Stats. 2021, Ch. 647, Sec. 65. (SB 801) Effective January 1, 2022.)
  82. 4999.52.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Applicants for a professional clinical counselor license must take examinations, and the board controls exam administration and related licensing decisions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.52. (a) Every applicant for a license as a professional clinical counselor shall take one or more examinations, as determined by the board, to ascertain their knowledge, professional skills, and judgment in the utilization of appropriate techniques and methods of professional clinical counseling. (b) The examinations shall be given at least twice a year at a time and place and under supervision as the board may determine. (c) The board shall not deny any applicant admission to an examination who has submitted a complete application for examination admission if the applicant meets the educational and experience requirements of this chapter and has not committed any acts or engaged in any conduct that would constitute grounds to deny licensure. (d) The board shall not deny any applicant, whose application for licensure is complete, admission to the 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 the examination specified by paragraph (2) of subdivision (a) of Section 4999.53, who has passed the California law and ethics examination, is the subject of a complaint or is under board investigation for acts or conduct that, if proven to be true, would constitute grounds for the board to deny licensure, the board shall permit the applicant to take this examination, but may notify the applicant that licensure will not be granted pending completion of the investigation. (f) Notwithstanding Section 135, the board may deny any applicant who has previously failed either the California law and ethics examination, or the examination specified by paragraph (2) of subdivision (a) of Section 4999.53, permission to retake either examination pending completion of the investigation of any complaints against the applicant. (g) Nothing in this section shall prohibit the board from denying an applicant admission to any examination or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Section 11503 or 11504 of the Government Code, respectively, or the application has been denied in accordance with subdivision (b) of Section 485. (h) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination. (i) If the examination specified by paragraph (2) of subdivision (a) of Section 4999.53 is not passed within seven years of an applicant for licensure’s initial attempt, the applicant shall obtain a passing score on the current version of the California law and ethics examination in order to be eligible to retake this examination. (j) 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. 76. (SB 786) Effective January 1, 2020.)
  83. 4999.53.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Certain counselor license applicants and registrants must pass specified exams, and an associate professional clinical counselor 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.53. (a) Effective January 1, 2016, a registrant or an applicant for licensure as a professional clinical counselor shall pass the following examinations as prescribed by the board: (1) A California law and ethics examination. (2) A clinical examination administered by the board, or the National Clinical Mental Health Counselor Examination if the board finds that this examination meets the prevailing standards for validation and use of the licensing and certification tests in California. (b) Upon registration with the board, an associate professional clinical counselor 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 or the National Clinical Mental Health Counselor Examination, as established by the board through regulation, only upon meeting all of the following requirements: (1) Completion of all required supervised work experience. (2) Completion of all education requirements. (3) Passage of the California law and ethics examination. (d) This section shall become operative on January 1, 2016. (Amended by Stats. 2017, Ch. 573, Sec. 19. (SB 800) Effective January 1, 2018.)
  84. 4999.55.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Applicants and registrants must pass a board-administered California law and ethics exam to qualify for licensure, and registrants must also complete three hours of continuing education each renewal period. Applicants who fail the exam may retake it after paying the required fees, and the board may not issue a subsequent registration number until the exam is passed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.55. (a) Each applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure. (b) A registrant shall take 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 in order to be eligible to renew their registration, regardless of whether or not 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 4999.76. (Amended by Stats. 2022, Ch. 520, Sec. 13. (AB 1759) Effective January 1, 2023.)
  85. 4999.60.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board may issue a license to a qualifying applicant, and the applicant must meet several out-of-state licensure, education, fingerprint, coursework, and exam requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.60. (a) 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 professional clinical counselor at the highest level for independent clinical practice if all of the following requirements are met: (1) 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 action on an out-of-state license, and the board shall consider those actions in determining whether to issue a license to the applicant. (2) The applicant’s degree that qualified the applicant for the out-of-state license is a master’s or doctoral degree that was obtained from an accredited or approved institution, as defined in Section 4999.12. (3) The applicant complies with the fingerprint requirements established in Section 144. (4) The applicant completes the coursework specified in subparagraphs (A) and (B) from an accredited or approved school, college, or university, as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board, as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement. (A) 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 licensing process. (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) 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. (6) 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 4999.66. (7) The applicant passes the board-administered California law and ethics examination specified in Section 4999.53. The clinical examination specified in Section 4999.53 shall be waived for an applicant qualifying under this section. (b) This section was developed based on an examination of the licensure requirements for professional clinical counselors 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. 2021, Ch. 440, Sec. 5. (AB 462) Effective January 1, 2022.)
  86. 4999.61.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board must accept qualifying out-of-state education and out-of-California experience for licensure or registration if the stated equivalency conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.61. (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 who do not qualify for a license under Section 4999.60. (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 4999.62, and the applicant complies with subdivision (c) of Section 4999.40, if applicable. (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 professional clinical counselor 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 4999.53 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. 2019, Ch. 380, Sec. 14. (SB 679) Effective January 1, 2020.)
  87. 4999.62.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Out-of-state applicants seeking licensure or registration must meet specified education and coursework requirements, including required units, supervised experience, and some California-specific coursework, unless an exemption applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.62. (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 4999.60. (b) For purposes of Section 4999.61, education is substantially equivalent if all of the following requirements are met: (1) The degree is obtained from an accredited or approved institution, as defined in Section 4999.12, 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 4999.33 the degree shall contain no less than 60 graduate semester or 90 graduate quarter units of instruction. (ii) Up to 12 semester 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 4999.32 the degree shall contain no less than 48 graduate semester or 72 graduate quarter units of instruction. (C) (i) Six semester or nine quarter units of supervised practicum or field study experience, including, but not limited to, a minimum of 280 hours of face-to-face supervised clinical experience counseling individuals, families, or groups. (ii) An out-of-state applicant who holds a valid license in good standing in another state or country as a professional clinical counselor at the highest level for independent clinical practice is exempt from the practicum requirement specified in clause (i). (D) The required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33. (i) (I) An applicant whose degree is deficient in no more than six of the required areas of study listed in subparagraphs (A) to (M), inclusive, of paragraph (1) of subdivision (c) of Section 4999.33 may satisfy those deficiencies by successfully completing graduate level coursework at an accredited or approved institution, as defined in Section 4999.12. Coursework taken to meet any deficiencies shall be the equivalent of three semester units or four quarter units of study. (II) Notwithstanding subclause (I), no applicant shall be deficient in the required areas of study specified in subparagraph (E) or (G) of paragraph (1) of subdivision (c) of Section 4999.33. (ii) An applicant who completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 that did not contain instruction in California law and ethics shall complete a 12-hour course 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. The coursework may be from an accredited or approved school, college, or university, as defined in Section 4999.12, or from a continuing education provider that is acceptable to the board, as defined in Section 4999.76. Undergraduate coursework shall not satisfy this requirement. An applicant shall complete this coursework before registration as an associate. (iii) An applicant who has not completed a course in professional orientation, ethics, and law in counseling as required by subparagraph (I) of paragraph (1) of subdivision (c) of Section 4999.33 shall complete this required coursework, including content in California law and ethics. An applicant shall complete this coursework before registration as an associate. (iv) An applicant who holds a valid license in good standing in another state or country as a professional clinical counselor at the highest level for independent clinical practice may complete any units and course content requirements required in this subparagraph not already completed in the applicant’s education while registered as an associate, unless otherwise specified. (2) The applicant completes any units required by subdivision (c) of Section 4999.33 not already completed in the applicant’s education as follows: (A) At least 15 semester units or 22.5 quarter units of advanced coursework to develop knowledge of specific treatment issues or special populations. This coursework is in addition to the course requirements described in subparagraph (D) of paragraph (1). (B) Coursework shall be from an accredited or approved school, college, or university as defined in Section 4999.12. (3) (A) The applicant completes the following coursework not already completed in the applicant’s education: (i) A minimum of 10 contact hours of training in human sexuality, as specified in Section 25 and any regulations promulgated thereunder, including the study of the physiological, psychological, and social cultural variables associated with sexual behavior, gender identity, and the assessment and treatment of psychosexual dysfunction. (ii) A minimum of 15 contact hours of instruction in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics. (iii) 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. (iv) A minimum of 10 contact hours of instruction in aging and long-term care, including biological, social, cognitive, and psychological aspects of aging. 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) This coursework may be from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework shall not satisfy this requirement. (4) The applicant completes the following coursework not already completed in the applicant’s education from an accredited or approved school, college, or university as defined in Section 4999.12, or from a continuing education provider that is described in Section 4999.76. Undergraduate coursework 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 experiences 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 paragraph (2), (3), or (4) not already completed in the applicant’s education while registered with the board as an associate. (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 4999.66. (Amended by Stats. 2019, Ch. 380, Sec. 15. (SB 679) Effective January 1, 2020.)
  88. 4999.64.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    An applicant who fails the specified examination may retake it within one year after notice of failure, if the fee is paid; after that, further examination is not allowed until a new application is filed and all current requirements and fees are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.64. (a) Effective January 1, 2016, an applicant who fails the examination specified in paragraph (2) of subdivision (a) of Section 4999.53 may, within one year from the notification date of that failure, retake the examination as regularly scheduled without further application upon payment of the fee for the examination. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all requirements in effect on the date of application, and pays all required fees. (b) This section shall become operative on January 1, 2016. (Amended by Stats. 2013, Ch. 473, Sec. 64. (SB 821) Effective January 1, 2014. Section initially operative January 1, 2016, by its own provisions.)
  89. 4999.66.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Applicants for professional clinical counselor licensure must complete six hours of suicide risk assessment and intervention training or supervised experience, and certain licensees or reactivation/reinstatement applicants must also meet the one-time six-hour requirement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.66. (a) On or after January 1, 2021, an applicant for licensure as a professional clinical counselor 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 4999.76. 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. 33. (SB 1495) Effective January 1, 2023.)
  90. 4999.67.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Certain counselor licensure applicants and licensees must complete telehealth training and provide proof to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 3. Licensure [4999.30 - 4999.67] ( Article 3 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.67. (a) On or after July 1, 2023, an applicant for licensure as a professional clinical counselor 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 4999.76. 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. 14. (AB 1759) Effective January 1, 2023.)
  91. 4999.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. )

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    This section defines “telephone medical advice” and “health care professional,” and says the chapter does not restrict certain licensed or authorized practitioners operating within their scopes of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15. Telephone Medical Advice Services [4999 - 4999.7] ( Chapter 15 added by Stats. 1999, Ch. 535, Sec. 1. ) ## 4999.7. (a) This section does not limit, preclude, or otherwise interfere with the practices of other persons licensed or otherwise authorized to practice, under any other provision of this division, telephone medical advice services consistent with the laws governing their respective scopes of practice, or licensed under the Osteopathic Initiative Act or the Chiropractic Initiative Act and operating consistent with the laws governing their respective scopes of practice. (b) For purposes of this chapter, “telephone medical advice” means a telephonic communication between a patient and a health care professional in which the health care professional’s primary function is to provide to the patient a telephonic response to the patient’s questions regarding his or her or a family member’s medical care or treatment. “Telephone medical advice” includes assessment, evaluation, or advice provided to patients or their family members. (c) For purposes of this chapter, “health care professional” is an employee or independent contractor described in Section 4999.2 who provides medical advice services and is appropriately licensed, certified, or registered as a dentist, dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions pursuant to Chapter 4 (commencing with Section 1600), as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act, as a registered nurse pursuant to Chapter 6 (commencing with Section 2700), as a psychologist pursuant to Chapter 6.6 (commencing with Section 2900), as a naturopathic doctor pursuant to Chapter 8.2 (commencing with Section 3610), as an optometrist pursuant to Chapter 7 (commencing with Section 3000), as a marriage and family therapist pursuant to Chapter 13 (commencing with Section 4980), as a licensed clinical social worker pursuant to Chapter 14 (commencing with Section 4991), as a licensed professional clinical counselor pursuant to Chapter 16 (commencing with Section 4999.10), or as a chiropractor pursuant to the Chiropractic Initiative Act, and who is operating consistent with the laws governing his or her respective scopes of practice in the state in which he or she provides telephone medical advice services. (Amended by Stats. 2015, Ch. 426, Sec. 52. (SB 800) Effective January 1, 2016.)
  92. 4999.70.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. )

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    A licensee must display their license in a conspicuous place at the 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.70. 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. 17. (SB 1024) Effective January 1, 2025.)
  93. 4999.71.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Licensees or registrants must give clients a written notice before psychotherapy starts (or as soon as practicable after), and 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.71. (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 professional clinical counselors. 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. 18. (SB 1024) Effective January 1, 2025.)
  94. 4999.72.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. )

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    A licensed professional clinical counselor 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 begins.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.72. Any licensed professional clinical counselor 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. 26. (AB 690) Effective January 1, 2022.)
  95. 4999.74.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Licensed professional clinical counselors must give each client accurate information about the counseling relationship and counseling process.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.74. Licensed professional clinical counselors shall provide to each client accurate information about the counseling relationship and the counseling process. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  96. 4999.75.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Licensed professional clinical counselors must keep client or patient health service records for at least seven years after therapy ends, with a different seven-year start date for minors.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.75. (a) A licensed professional clinical counselor 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. 4. (SB 578) Effective January 1, 2015.)
  97. 4999.76.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board may not renew a license or registration unless the applicant or registrant certifies required continuing education, and applicants must keep education records available for audit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 4. Practice Requirements [4999.70 - 4999.76] ( Article 4 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.76. (a) (1) Except as provided in subdivision (d), 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 professional clinical counseling 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 in the subject of California law and ethics during the preceding year. (b) (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. (c) 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 completed continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request. (d) The board may establish exceptions from the continuing education requirement of this section for good cause, as defined by the board. (e) 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 4999.12. 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. (f) 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 (e), 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. (g) 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 professional clinical counseling. (2) Significant recent developments in the discipline of professional clinical counseling. (3) Aspects of other disciplines that enhance the understanding or the practice of professional clinical counseling. (h) A system of continuing education for licensed professional clinical counselors shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served. (i) The continuing education requirements of this section shall fully comply 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. 7.5. (AB 2581) Effective January 1, 2025.)
  98. 4999.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15.5. Health Advice From Artificial Intelligence [4999.8 - 4999.9] ( Chapter 15.5 added by Stats. 2025, Ch. 615, Sec. 1. )

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    This section defines “AI,” “GenAI,” and “health care profession” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15.5. Health Advice From Artificial Intelligence [4999.8 - 4999.9] ( Chapter 15.5 added by Stats. 2025, Ch. 615, Sec. 1. ) ## 4999.8. For purposes of this chapter, the following definitions apply: (a) “Artificial intelligence” or “AI” has the same meaning as set forth in Section 11546.45.5 of the Government Code. (b) “Generative artificial intelligence” or “GenAI” has the same meaning as set forth in Section 11549.64 of the Government Code. (c) “Health care profession” means any profession that is the subject of licensure or regulation under this division or under any initiative act referred to in this division. (Added by Stats. 2025, Ch. 615, Sec. 1. (AB 489) Effective January 1, 2026.)
  99. 4999.80.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board must enforce protection laws, investigate complaints about licensed professional clinical counselors, and may deny, suspend, revoke, or fail to renew licenses in certain cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.80. In order to carry out the provisions of this chapter, the board shall do all of the following: (a) Enforce laws designed to protect the public from incompetent, unethical, or unprofessional practitioners. (b) Investigate complaints concerning the conduct of any licensed professional clinical counselor. (c) Revoke, suspend, or fail to renew a license that it has authority to issue for just cause, as enumerated in rules and regulations of the board. The board may deny, suspend, or revoke any license granted under this chapter pursuant to Section 480, 481, 484, 490, 496, 498, or 499. (Amended by Stats. 2021, Ch. 647, Sec. 68. (SB 801) Effective January 1, 2022.)
  100. 4999.82.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    This section makes it unlawful to practice professional clinical counseling without the required license, use protected counseling titles or confusingly similar titles without being licensed, or refuse to provide required board information or records.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.82. It shall be unlawful for any person to engage in any of the following acts: (a) Engage in the practice of professional clinical counseling, as defined in Section 4999.20, without first having complied with the provisions of this chapter and without holding a valid license as required by this chapter. (b) Represent himself or herself by the title “licensed professional clinical counselor,” “LPCC,” “licensed clinical counselor,” or “professional clinical counselor” without being duly licensed according to the provisions of this chapter. (c) Make any use of any title, words, letters, or abbreviations, that may reasonably be confused with a designation provided by this chapter to denote a standard of professional or occupational competence without being duly licensed. (d) Materially refuse to furnish the board information or records required or requested pursuant to this chapter. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  101. 4999.84.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    Communications made to a licensed professional clinical counselor during professional services are treated as privileged communications.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.84. It is the intent of the Legislature that any communication made by a person to a licensed professional clinical counselor in the course of professional services shall be deemed a privileged communication. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  102. 4999.86.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    A person who violates any provision of 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.86. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment. (Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  103. 4999.88.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    A superior court may issue an injunction or other appropriate order to stop conduct that is or will be 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 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.88. In addition to other proceedings provided in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices that 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 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. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.)
  104. 4999.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15.5. Health Advice From Artificial Intelligence [4999.8 - 4999.9] ( Chapter 15.5 added by Stats. 2025, Ch. 615, Sec. 1. )

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    AI and GenAI systems may not use terms or phrases that imply a user has a health care license when that license is not actually held.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 15.5. Health Advice From Artificial Intelligence [4999.8 - 4999.9] ( Chapter 15.5 added by Stats. 2025, Ch. 615, Sec. 1. ) ## 4999.9. (a) (1) A violation of this chapter is subject to the jurisdiction of the appropriate health care professional licensing board or enforcement agency. (2) The appropriate health care professional licensing board may pursue an injunction or restraining order to enforce the provisions of this chapter, as authorized by Section 125.5. (3) Nothing in this section limits the authority for a health care professional licensing board or enforcement agency to pursue any remedy otherwise authorized under the law. (b) Any provision of this division that prohibits the use of specified terms, letters, or phrases to indicate or imply possession of a license or certificate to practice a health care profession, without at that time having the appropriate license or certificate required for that practice or profession, shall be enforceable against a person or entity who develops or deploys a system or device that uses one or more of those terms, letters, or phrases in the advertising or functionality of an artificial intelligence or generative artificial intelligence system, program, device, or similar technology. (c) The use of a term, letter, or phrase in the advertising or functionality of an AI or GenAI system, program, device, or similar technology that indicates or implies that the care, advice, reports, or assessments being offered through the AI or GenAI technology is being provided by a natural person in possession of the appropriate license or certificate to practice as a health care professional, is prohibited. (d) Each use of a prohibited term, letter, or phrase shall constitute a separate violation of this chapter. (Added by Stats. 2025, Ch. 615, Sec. 1. (AB 489) Effective January 1, 2026.)
  105. 4999.90.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board may refuse, suspend, revoke, or deny licenses and registrations for specified unprofessional conduct, and licensees must not engage in listed misconduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.90. The board may refuse to issue any registration or license, or may suspend or revoke the registration or license of any associate or licensed professional clinical counselor, if the applicant, 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 themself 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, other than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the course of performing licensed professional clinical counseling services. (d) Gross negligence or incompetence in the performance of licensed professional clinical counseling services. (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 person, 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 licensed professional clinical counselor. (l) Performing, or holding oneself out as being able to perform, or offering to perform, or permitting any trainee, applicant, or registrant 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 which 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 clinical 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 (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 a registered associate, trainee, or applicant 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, associate, or applicant under one’s supervision or control to perform, or permitting the trainee, associate, or applicant to hold themself out as competent to perform, mental health services beyond the trainee’s, associate’s, or applicant’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) Failing to comply with the elder and dependent adult abuse reporting requirements of Section 15630 of the Welfare and Institutions Code. (y) Repeated acts of negligence. (z) (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. (aa) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administration of an examination as described in Section 123. (ab) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice as a professional clinical counselor, clinical social worker, educational psychologist, or marriage and family therapist. (ac) Failure to comply with the procedures set forth in Section 2290.5 when delivering health care via telehealth. (ad) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 787, Sec. 91. (SB 775) Effective January 1, 2026.)
  106. 4999.91.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The board may deny applications and may suspend or revoke licenses or registrations under this chapter for the listed grounds.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.91. The board may deny any application, or may suspend or revoke any 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 this state or another state or territory of the United States, or by any other governmental agency, on a license, certificate, or registration to practice professional clinical counseling 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, professional clinical counseling, marriage and family therapy, or educational psychology shall also constitute grounds for disciplinary action for unprofessional conduct under this chapter. (Added by Stats. 2011, Ch. 350, Sec. 40. (SB 943) Effective January 1, 2012.)
  107. 4999.92.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. )

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    The Board of Behavioral Sciences must require certain licensure or registration applicants to undergo a fingerprint-based state and national criminal history background check, and must send fingerprint information to the Department of Justice. The Department of Justice must provide a state- and federal-level response.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 16. Licensed Professional Clinical Counselors [4999.10 - 4999.129] ( Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3. ) ## ARTICLE 5. Enforcement [4999.80 - 4999.92] ( Article 5 added by Stats. 2009, Ch. 619, Sec. 3. ) ## 4999.92. (a) The Board of Behavioral Sciences shall require an applicant for professional clinical counselor licensure or registration as an associate professional clinical counselor, as defined in Sections 4999.12, 4999.20, and 4999.30, 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. 18. (SB 160) Effective September 17, 2025.)
  108. 5.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    Rights created by a license or certificate under a repealed act are not affected, but must be exercised under this code.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 5. No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights shall hereafter be exercised according to the provisions of this code. (Enacted by Stats. 1937, Ch. 399.)
  109. 500.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. Records [500 - 502] ( Article 1 enacted by Stats. 1937, Ch. 399. )

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    If the medical, dental, or pharmacy board register is destroyed by fire or another public calamity, the board may reproduce it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. Records [500 - 502] ( Article 1 enacted by Stats. 1937, Ch. 399. ) ## 500. If the register or book of registration of the Medical Board of California, the Dental Board of California, or the California State Board of Pharmacy is destroyed by fire or other public calamity, the board, whose duty it is to keep the register or book, may reproduce it so that there may be shown as nearly as possible the record existing in the original at the time of destruction. (Amended by Stats. 2015, Ch. 426, Sec. 3. (SB 800) Effective January 1, 2016.)
  110. 5000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

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    This section creates the California Board of Accountancy, sets its membership, assigns appointment powers, and states that the section will repeal on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5000. (a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. (b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (d) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements. (Amended by Stats. 2024, Ch. 586, Sec. 1. (AB 3251) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  111. 5000.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

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    The California Board of Accountancy must treat protection of the public as its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5000.1. Protection of the public shall be the highest priority for the California Board of Accountancy 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. 2002, Ch. 107, Sec. 23. Effective January 1, 2003.)
  112. 5000.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

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    Public members of the board cannot be current or former licensees, related to a licensee, employed by specified firms, or have a financial interest in a licensee’s business. They must also meet the board’s public membership requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5000.5. No public member shall be a current or former licensee of the board or an immediate family member of a licensee, or be currently or formerly employed by a public accounting firm, bookkeeping firm, or firm engaged in providing tax preparation as its primary business, or have any financial interest in the business of a licensee. Each public member shall meet all of the requirements for public membership on the board as set forth in Chapter 6 (commencing with Section 450) of Division 1. (Added by Stats. 2002, Ch. 231, Sec. 2. Effective January 1, 2003.)
  113. 5001.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

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    Board members must meet specified qualification and oath requirements, and one Governor-appointed licensee member may be an active educator in an accounting program.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5001. (a) Except as provided in subdivision (b), each member of the board, except the public members, shall be actively engaged in the practice of public accountancy and shall have been so engaged for a period of not less than five years preceding the date of his appointment. Each member shall be a citizen of the United States and a resident of this state for at least five years next preceding his appointment, and shall be of good character. Within 30 days after their appointment, the members of the board shall take and subscribe to the oath of office as prescribed by the Government Code and shall file the same with the Secretary of State. (b) One licensee member appointed by the Governor may be an active educator within a program that emphasizes the study of accounting within a college, university, or four-year educational institution. (Amended by Stats. 2003, Ch. 807, Sec. 3. Effective January 1, 2004.)
  114. 5002.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    Board members have four-year terms, cannot serve more than two consecutive terms, and the Governor must or may remove members in specified cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5002. Each member shall be appointed for a term of four years and shall hold office until the appointment and qualification of his successor or until one year shall have elapsed since the expiration of the term for which he was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term of a person licensed in the same capacity as the person being replaced. No person shall serve more than two terms consecutively. The Governor shall remove from the board any member, except a public member, whose permit to practice has become void, revoked or suspended. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause. (Amended by Stats. 1971, Ch. 716.)
  115. 5003.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board’s officers are a president, a vice president, and a secretary-treasurer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5003. The officers of the board are a president, vice president and a secretary-treasurer. (Amended by Stats. 1959, Ch. 310.)
  116. 5004.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must elect the president, vice president, and secretary-treasurer from among its members at the annual meeting, for one-year terms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5004. The president, vice president, and secretary-treasurer shall be elected by the board for a term of one year from among its members at the time of the annual meeting. The newly elected president, vice president, and secretary-treasurer shall assume the duties of their respective offices at the conclusion of the annual meeting at which they were elected. (Amended by Stats. 1996, Ch. 1137, Sec. 2. Effective January 1, 1997.)
  117. 5006.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    Board officers stay in office until their successors are elected and qualify.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5006. The officers of the board shall continue in office until their successors are elected and qualify. (Added by Stats. 1945, Ch. 1353.)
  118. 5007.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The president must preside at board meetings, with the vice president and then the secretary-treasurer stepping in if the prior officer is absent or unable to act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5007. The president shall preside at all meetings of the board, and in the event of the president’s absence or inability to act, the vice president shall preside. If both the president and vice president are absent or unable to act, the secretary-treasurer shall preside at meetings of the board. The president may designate a board member who is not an officer to preside at a meeting of the board if all officers of the board are absent or unable to act at that meeting. Other duties of the president, vice president, and the duties of the secretary-treasurer, shall be such as the board may prescribe. (Amended by Stats. 2021, Ch. 300, Sec. 1. (AB 298) Effective January 1, 2022.)
  119. 5008.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must send all licensees a report about the board’s activities at least twice a year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5008. The board shall, from time to time, but not less than twice each year, prepare and distribute to all licensees, a report of the activities of the board, including amendments to this chapter and regulations adopted by the board, and may likewise distribute reports of other matters of interest to the public and to practitioners. The board may meet this requirement by electronically distributing these materials via email or making them available on the board’s internet website. (Amended by Stats. 2019, Ch. 359, Sec. 3. (AB 1521) Effective January 1, 2020.)
  120. 5009.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must compile and maintain a register of licensees, and it may arrange for that to be done on its behalf. The board must also make the register available to any licensee and to the public.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5009. The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of licensees that contains information that the board determines is necessary for the purposes for which the board was established. The board shall make the register available to any licensee and to the public. (Repealed and added by Stats. 1996, Ch. 639, Sec. 2. Effective January 1, 1997.)
  121. 5009.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    Email addresses given by applicants or licensees to the board under this chapter are not public records and must not be disclosed, unless a court of competent jurisdiction orders otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5009.5. In the interest of protecting the privacy of applicants and licensees, an email address provided by applicants or licensees to the board pursuant to this chapter shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction. (Amended by Stats. 2022, Ch. 28, Sec. 8. (SB 1380) Effective January 1, 2023.)
  122. 501.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. Records [500 - 502] ( Article 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    If a register or book has been destroyed, the board must use available official materials to reconstruct it, then adopt the reproduced version by resolution and treat it as the original.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. Records [500 - 502] ( Article 1 enacted by Stats. 1937, Ch. 399. ) ## 501. For the reproduction of the destroyed register or book the board shall make use of such existing official printed registers, books or matter, certificates, affidavits to be presented, or other official information as may be available and which may appear to the board to be authentic. Upon the completion of the reproduction, the board shall by resolution adopt the reproduced register or book as the register or book of the board, and thereafter the same shall be taken and used to all intents and purposes as well for evidence as otherwise as if it were the original. (Enacted by Stats. 1937, Ch. 399.)
  123. 5010.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board may adopt, repeal, or amend regulations needed to run its affairs and administer this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5010. The board may adopt, repeal, or amend such regulations as may be reasonably necessary and expedient for the orderly conduct of its affairs and for the administration of this chapter. The regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1985, Ch. 106, Sec. 6.)
  124. 5011.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must choose the location of its principal office and may set up branch offices elsewhere.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5011. The board shall designate the location of its principal office and may establish branch offices in other locations. (Added by renumbering Section 5016 by Stats. 1959, Ch. 310.)
  125. 5012.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must have a seal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5012. The board shall have a seal. (Amended by Stats. 1965, Ch. 299.)
  126. 5013.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must keep records of its proceedings and actions, including those before its committees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5013. The board shall keep records of all proceedings and actions by and before the board and before its committees. In any proceeding in court, civil or criminal, copies of those records certified as correct by the executive officer of the board under seal of the board shall be admissible in evidence and shall be prima facie evidence of the correctness of the contents thereof. (Amended by Stats. 1984, Ch. 47, Sec. 37. Effective March 21, 1984.)
  127. 5015.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board may hire clerks, examiners, and some other assistants, and may pay salaries and necessary expenses.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5015. The board may employ clerks, examiners and, except as provided by Section 159.5, other assistants in the performance of its duties, and pay salaries and necessary expenses. (Amended by Stats. 1971, Ch. 716.)
  128. 5015.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board may appoint an exempt person as executive officer, and that officer must carry out the powers and duties assigned by the board and this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5015.6. The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter. This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 586, Sec. 2. (AB 3251) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  129. 5016.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board needs a majority for a quorum, must give meeting notice under the Bagley-Keene Open Meeting Act, must meet at the president and executive officer’s call at least twice a year, and two board members may request a special meeting.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5016. A majority of the board shall constitute a quorum for the transaction of any business at any meeting of the board. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board shall meet at the call of the president and executive officer, but not less than twice each year. Any two members of the board may request the executive officer to call a special meeting, and the executive officer, upon receiving that notice, shall call a meeting pursuant to the procedure prescribed herein. (Amended by Stats. 2009, Ch. 307, Sec. 64. (SB 821) Effective January 1, 2010.)
  130. 5017.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    Board meetings must be open and public, but the board may use executive sessions for certain deliberations and examination-related functions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5017. All meetings of the board shall be open and public, except that the board may hold executive sessions to deliberate on the decision to be reached upon the evidence introduced in a proceeding conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code. The members of the board may hold executive sessions to prepare, approve, grade, or administer examinations and shall have jurisdiction or vote over these functions of preparing, approving, grading, or administering examinations in executive session as provided for in Section 11126 of the Government Code. (Amended by Stats. 1986, Ch. 1226, Sec. 2.)
  131. 5017.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must post finalized public meeting minutes on its website within 10 days of board approval and keep them there for at least three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5017.1. The board shall post, within 10 days of board approval, the finalized minutes from meetings of the board that are open and public pursuant to Section 5017 on the board’s internet website. The minutes shall remain on the board’s internet website for at least three years. Providing a link on the internet website to the minutes shall satisfy this requirement. (Amended by Stats. 2023, Ch. 510, Sec. 61. (SB 887) Effective January 1, 2024.)
  132. 5017.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board must livestream open and public board meetings on its website and keep the recording online for at least three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5017.5. (a) The board shall provide a live audio or video broadcast, on its internet website, of each of its board meetings that are open and public. (b) (1) If technical failure prevents the board from providing a live broadcast as specified in subdivision (a), that failure shall not constitute a violation of this section if the board exercised reasonable diligence in providing a live broadcast. (2) Failure to provide a live broadcast of its board meetings due to technical failure shall not prohibit the board from meeting and taking actions. (c) The recording of the live audio or video broadcast shall remain on the internet website for at least three years. Providing a link on the internet website to the recording of the live audio or video broadcast shall satisfy this requirement. (Amended by Stats. 2023, Ch. 510, Sec. 62. (SB 887) Effective January 1, 2024.)
  133. 5018.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board may make, change, or repeal professional conduct rules, must give license holders a copy at least 30 days before the public hearing, and licensees are governed by the adopted rules and standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5018. The board may by regulation, prescribe, amend, or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession. In addition to the requirements contained in Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code, a copy of the rules shall be provided to every holder of a license under this chapter at least 30 days prior to a date named for a public hearing held for the purpose of receiving and considering objections to any of the proposed provisions. Every licensee of the California Board of Accountancy in this state shall be governed and controlled by the rules and standards adopted by the board. (Amended by Stats. 2024, Ch. 586, Sec. 3. (AB 3251) Effective January 1, 2025.)
  134. 5019.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    Applicants must acknowledge that they have read and understand the board’s rules of professional conduct when applying for a certificate or registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5019. Every applicant, when subscribing to an application for certificate or registration, shall acknowledge the fact that the applicant has read and understands the rules of professional conduct adopted by the board. (Repealed and added by Stats. 2012, Ch. 661, Sec. 2. (SB 1576) Effective January 1, 2013.)
  135. 502.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. Records [500 - 502] ( Article 1 enacted by Stats. 1937, Ch. 399. )

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    Certain healing arts boards must collect or request workforce data from licensees and registrants, keep it confidential, and share it quarterly with the Department of Health Care Access and Information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. Records [500 - 502] ( Article 1 enacted by Stats. 1937, Ch. 399. ) ## 502. (a) Notwithstanding any other law, both of the following apply: (1) The Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Physician Assistant Board, and the Respiratory Care Board of California shall collect workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at least biennially. The data shall be collected at the time of electronic license or registration renewal for those boards that utilize electronic renewals for licensees or registrants. (2) All other boards that are not listed in paragraph (1) that regulate healing arts licensees or registrants under this division shall request workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at least biennially. The data shall be requested at the time of electronic license or registration renewal for those boards that utilize electronic renewals for licensees or registrants. (b) In conformance with specifications under subdivision (d), the workforce data collected or requested by each board about its licensees and registrants shall include, at a minimum, all of the following information: (1) Anticipated year of retirement. (2) Area of practice or specialty. (3) City, county, and ZIP Code of practice. (4) Date of birth. (5) Educational background and the highest level attained at time of licensure or registration. (6) Gender or gender identity. (7) Hours spent in direct patient care, including telehealth hours as a subcategory, training, research, and administration. (8) Languages spoken. (9) National Provider Identifier. (10) Race or ethnicity. (11) Type of employer or classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice. (12) Work hours. (13) Sexual orientation. (14) Disability status. (c) Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall only release information in an aggregate form that cannot be used to identify an individual other than as specified in subdivision (e). (d) The Department of Consumer Affairs, in consultation with the Department of Health Care Access and Information, shall specify for each board subject to this section the specific information and data that will be collected or requested pursuant to subdivision (b). The Department of Consumer Affairs’ identification and specification of this information and data shall be exempt until June 30, 2023, from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (e) Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and quarterly thereafter, provide the individual licensee and registrant data it collects pursuant to this section to the Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information, including license or registration number and associated license or registration information. The Department of Health Care Access and Information shall maintain the confidentiality of the licensee and registrant information it receives and shall only release information in an aggregate form that cannot be used to identify an individual. (f) A licensee or registrant shall not be required to provide the information listed in subdivision (b) as a condition for license or registration renewal, and licensees or registrants shall not be subject to discipline for not providing the information listed in subdivision (b). (g) This section does not alter or affect mandatory reporting requirements for licensees or registrants established pursuant to this division, including, but not limited to, Sections 1715.5, 1902.2, 2425.3, and 2455.2. (Added by Stats. 2021, Ch. 143, Sec. 4. (AB 133) Effective July 27, 2021.)
  136. 5020.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

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    The board may appoint an advisory committee of up to 13 licensees to provide technical expertise and advice. The committee can only advise and report findings; it cannot start disciplinary action against a licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5020. The board may, for the purpose of obtaining technical expertise, appoint an enforcement advisory committee of not more than 13 licensees to provide advice and assistance related to the functions specified in Section 5103. The committee shall act only in an advisory capacity, shall have no authority to initiate any disciplinary action against a licensee, and shall only be authorized to report its findings from any investigation or hearing conducted pursuant to this section to the board, or upon direction of the board, to the executive officer. (Amended by Stats. 2010, Ch. 415, Sec. 1. (SB 1491) Effective January 1, 2011.)
  137. 5021.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    Members of the enforcement advisory and qualifications committees must serve a two-year term.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5021. The members of the enforcement advisory and qualifications committees shall hold office for two years. (Amended by Stats. 2010, Ch. 415, Sec. 2. (SB 1491) Effective January 1, 2011.)
  138. 5022.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The qualifications committee must make recommendations and send its report to the board. An aggrieved CPA registration applicant may appeal to the board, and the board may use an oral or written exam on appeal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5022. The qualifications committee shall make recommendations and forward its report to the board for action on any matter on which it is authorized to act. An applicant for registration as a certified public accountant who is aggrieved by any action taken by the committee with respect to their qualifications may appeal to the board in accordance with rules or regulations prescribed by the board. The board on the appeal may give an oral or written examination as an aid in determining whether the applicant is qualified under the terms of this chapter. (Amended by Stats. 2023, Ch. 510, Sec. 63. (SB 887) Effective January 1, 2024.)
  139. 5023.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board may create a qualifications committee made up of certified public accountant members or other licensed CPAs in good standing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5023. The board may establish a qualifications committee of its own certified public accountant members or other certified public accountants of the state in good standing, to perform the following advisory duties: (a) To examine the qualifications of all applicants for the license of certified public accountant. (b) To recommend to the board applicants for the certified public accountant license who fulfill the requirements of this chapter. (Amended by Stats. 2009, Ch. 307, Sec. 67. (SB 821) Effective January 1, 2010.)
  140. 5024.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board may create and appoint advisory committees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5024. The board may create and appoint advisory committees, consisting solely of board members or consisting of board members and other persons who are not board members, for the purpose of making recommendations on matters as may be specified by the board. (Amended by Stats. 2010, Ch. 415, Sec. 3. (SB 1491) Effective January 1, 2011.)
  141. 5025.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

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    The board may hire accountants as consultants or experts, may use sole-source contracts, must follow Section 19130 standards for personal service contracts, must report certain contract details each year by June 1, and must defend and indemnify certain nonemployees sued for work done for the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5025.1. (a) The board may contract with and employ certified public accountants and public accountants as consultants and experts to assist in the investigation and prosecution of judicial and administrative matters. (b) Contracts made pursuant to this section are not subject to Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, except that the board shall apply the standards set forth in Section 19130 in awarding personal service contracts under this section. (c) Notwithstanding any other provision of law, the board may contract with these consultants and experts on a sole source basis. (d) If a person, not a regular employee of the board, is hired or under contract to provide expertise to the board in the evaluation of the conduct of a licensee, and that person is named as a defendant in a civil action for defamation, tortious interference with prospective business advantage, or other civil causes of action directly resulting from opinions rendered, statements made, or testimony given to the board, its committees, staff, legal counsel, or other representatives, or in any proceeding instituted by the board or to which the board is a party, the board shall provide for representation required to defend that person in that civil action and shall indemnify that person for any judgment rendered against him or her. This right of defense and indemnification shall be the same as, and no greater than, the right provided to a public employee pursuant to Section 825 of the Government Code. Nothing herein shall be construed as expanding or limiting any immunity from liability otherwise provided by law. (e) On or before June 1 of each year, the board shall report to the appropriate policy and fiscal committees of each house of the Legislature the terms of the contract or contracts entered into each fiscal year pursuant to this section. The report shall include the cost, services, terms and duration provided under each contract, the identity of the firms or individuals awarded any contract, and data demonstrating the cost effectiveness of the board’s sole-source contracting in the investigation and prosecution of the board’s enforcement programs. (Added by Stats. 1994, Ch. 44, Sec. 1. Effective April 19, 1994.)
  142. 5025.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

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    The Department of Finance must authorize up to $2,000,000 in additional expenditures for the California Board of Accountancy when the board shows the funds are needed for public protection and the shortfall was not anticipated.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5025.2. (a) The Legislature finds that there are occasions when the California Board of Accountancy urgently requires additional expenditure authority in order to fund unanticipated enforcement and litigation activities. Without sufficient expenditure authority to obtain the necessary additional resources for urgent litigation and enforcement matters, the board is unable to adequately protect the public. Therefore, it is the intent of the Legislature that, apart from, and in addition to, the expenditure authority that may otherwise be established, the California Board of Accountancy shall be given the increase in its expenditure authority in any given current fiscal year that is authorized by the Department of Finance pursuant to the provisions of subdivision (b) of this section, for costs and services in urgent litigation and enforcement matters, including, but not limited to, costs for professional and consulting services and for the services of the Attorney General and the Office of Administrative Hearings. (b) Notwithstanding Control Section 27.00 of the annual Budget Act, Section 11006 of the Government Code, and the amount listed in the annual Budget Act for expenditure, the Department of Finance shall authorize up to two million dollars ($2,000,000) in additional expenditures for the California Board of Accountancy upon a showing by the board that those funds are necessary for public protection and that the shortfall was not anticipated. These additional expenditures shall be payable from the Accountancy Fund for purposes of the board’s litigation or enforcement activities in any given current fiscal year. (Added by Stats. 2004, Ch. 921, Sec. 3. Effective January 1, 2005.)
  143. 5025.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. )

    Verify source ↗

    The board may encumber and spend funds for litigation or enforcement contracts, including certain Section 5025.1 contracts, within the fiscal year of execution and for 24 months afterward.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1. Administration [5000 - 5025.3] ( Article 1 added by Stats. 1945, Ch. 1353. ) ## 5025.3. (a) Whenever the board enters into a contract for litigation or enforcement purposes, including, but not limited to, contracts pursuant to Section 5025.1, funds may be encumbered in the fiscal year the contract is executed and expended at any time during the subsequent 24 months commencing with the last day of the fiscal year in which the contract is executed. (b) Notwithstanding Section 13340 of the Government Code, funds encumbered for a contract pursuant to subdivision (a) of this section are continuously appropriated without regard to fiscal year, however, the appropriation is limited to the period for which funds are authorized to be encumbered under subdivision (a). (Added by Stats. 2004, Ch. 921, Sec. 4. Effective January 1, 2005.)
  144. 5026.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1.5. Continuing Education [5026 - 5028] ( Article 1.5 added by Stats. 1972, Ch. 716. )

    Verify source ↗

    Certified public accountants and public accountants must comply with board-adopted continuing education requirements to renew their licenses.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1.5. Continuing Education [5026 - 5028] ( Article 1.5 added by Stats. 1972, Ch. 716. ) ## 5026. The Legislature has determined it is in the public interest to require that certified public accountants and public accountants licensed under provisions of this chapter comply with continuing education requirements adopted by the board as a prerequisite to the renewal of public accountancy licenses on and after December 31, 1974. (Added by Stats. 1972, Ch. 716.)
  145. 5027.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1.5. Continuing Education [5026 - 5028] ( Article 1.5 added by Stats. 1972, Ch. 716. )

    Verify source ↗

    The board must regulate continuing education rules, and certain licensees must complete specified continuing education hours or courses.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1.5. Continuing Education [5026 - 5028] ( Article 1.5 added by Stats. 1972, Ch. 716. ) ## 5027. The board shall by regulation prescribe, amend, or repeal rules including, but not limited to, all of the following: (a) A definition of basic requirements for continuing education. (b) A licensee who plans, directs, or approves any financial or compliance audit report on any governmental agency shall complete a minimum of 24 hours of qualifying continuing education in the area of governmental accounting and auditing or related subjects during the two-year license renewal period. (c) A licensee who provides audit, review, other attestation services, or issues compiled financial statement reports shall, during the two-year license renewal period, complete a minimum of 24 hours of qualifying continuing education in the area of accounting and auditing related to reporting on financial statements. (d) A licensee with a valid permit to practice public accountancy shall, within a six-year period, complete a continuing education course on the provisions of this chapter and the rules of professional conduct. (e) A licensee on inactive status shall complete the continuing education course required by subdivision (d) prior to reentering public practice. (f) A delineation of qualifying programs for maintaining competency. (g) A system of control and compliance reporting. In exercising its power under this section for the interests of consumer protection, the board shall establish standards which will assure reasonable currency of knowledge as a basis for a high standard of practice by licensees. The standards shall be established in a manner to assure that a variety of alternatives are available to licensees to comply with the continuing education requirements for renewal of licenses and taking cognizance of specialized areas of practice. (Amended by Stats. 1996, Ch. 639, Sec. 3. Effective January 1, 1997.)
  146. 5028.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1.5. Continuing Education [5026 - 5028] ( Article 1.5 added by Stats. 1972, Ch. 716. )

    Verify source ↗

    The board may exempt some licensees from continuing education requirements, and a returning public accountant must meet the requirements the board sets.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 1.5. Continuing Education [5026 - 5028] ( Article 1.5 added by Stats. 1972, Ch. 716. ) ## 5028. The board may, in accordance with the intent of this article, make exceptions from continuing education requirements for licensees not engaged in public practice, or for reasons of health, military service, or other good cause. If the licensee returns to the practice of public accounting, they shall meet continuing education requirements as the board may determine. (Amended by Stats. 2023, Ch. 510, Sec. 64. (SB 887) Effective January 1, 2024.)
  147. 5030.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    “Board” means the California Board of Accountancy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5030. “Board” means the California Board of Accountancy. (Amended by Stats. 1999, Ch. 657, Sec. 26. Effective January 1, 2000.)
  148. 5031.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    “Committee” means any committee created under Article 1 starting at Section 5000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5031. “Committee” means any committee created under the provisions of Article 1 (commencing at Section 5000). (Added by Stats. 1959, Ch. 310.)
  149. 5032.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section defines “State” to include any U.S. state, territory, insular possession, or the District of Columbia when it is not specifically referring to California.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5032. “State” when not specifically referring to this State, means any state, territory or insular possession of the United States, or the District of Columbia. (Added by Stats. 1959, Ch. 310.)
  150. 5033.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A certified public accountant is a person who has received a board certificate and holds a valid permit to practice under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5033. “Certified public accountant” means any person who has received from the board a certificate of certified public accountant and who holds a valid permit to practice under the provisions of this chapter. (Added by Stats. 1959, Ch. 310.)
  151. 5033.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    For this chapter, the word “license” also includes “certificate.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5033.1. For purposes of this chapter, “license” shall also include “certificate.” (Added by Stats. 1994, Ch. 1278, Sec. 1.5. Effective January 1, 1995.)
  152. 5034.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    “Public accountant” means a person registered with the board as a public accountant who also holds a valid permit for public accountancy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5034. “Public accountant” means any person who has registered with the board as a public accountant and who holds a valid permit for the practice of public accountancy. (Added by Stats. 1959, Ch. 310.)
  153. 5035.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section defines “person” to include an individual, partnership, firm, association, limited liability company, or corporation, unless another rule says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5035. “Person” includes individual, partnership, firm, association, limited liability company, or corporation, unless otherwise provided. (Amended by Stats. 1994, Ch. 1010, Sec. 8. Effective January 1, 1995.)
  154. 5035.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    “Firm” means a sole proprietorship, a corporation, or a partnership.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5035.1. “Firm” means a sole proprietorship, a corporation, or a partnership. (Added by Stats. 1986, Ch. 303, Sec. 2.)
  155. 5035.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section defines “client” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5035.2. “Client”, as used in any context in this chapter, means any person for whom public accountancy services are performed or to whom financial products, financial services, or securities are sold or provided at the licensee’s public accountancy practice or through referral to any other location or business in which the certified public accountant has a material interest. (Added by Stats. 1989, Ch. 489, Sec. 1.)
  156. 5035.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    For Sections 5054 and 5096.12, “firm” also includes certain entities authorized to practice public accountancy as a firm in another state.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5035.3. For purposes of Sections 5054 and 5096.12, “firm” includes any entity that is authorized or permitted to practice public accountancy as a firm under the laws of another state. (Amended by Stats. 2024, Ch. 586, Sec. 4. (AB 3251) Effective January 1, 2025.)
  157. 5035.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section defines “comparable licensure requirements” for accountants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5035.4. “Comparable licensure requirements” means another state requires passage of the examination described in Section 5082 and has education and experience requirements, when considered collectively, that meet or exceed the standards established by the board pursuant to Article 5 (commencing with Section 5080). (Added by Stats. 2025, Ch. 293, Sec. 1. (AB 1175) Effective January 1, 2026.)
  158. 5036.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    If a statute says certified public accountants must prepare certain reports or documents, that requirement is read to mean licensees with a valid permit to practice public accountancy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5036. Whenever any statute requires that any reports, financial statements, and other documents for any department, division, board, commission, or agency of this state be prepared by certified public accountants, the requirement shall be construed to mean a licensee or licensees with a valid permit to practice public accountancy. (Amended by Stats. 1996, Ch. 639, Sec. 4. Effective January 1, 1997.)
  159. 5037.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A licensee must give a client certain copies and records on request, and may not sell, transfer, or bequeath covered client-related papers without consent except to specified successors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5037. (a) All statements, records, schedules, working papers and memoranda made by a licensee or a partner, shareholder, officer, director, or employee of a licensee, incident to, or in the course of, rendering services to a client in the practice of public accountancy, except the reports submitted by the licensee to the client and except for records that are part of the client’s records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No such statement, record, schedule, working paper, or memoranda shall be sold, transferred, or bequeathed, without the consent of the client or their personal representative or assignee, to anyone other than one or more surviving partners or stockholders or new partners or stockholders of the licensee, or any combined or merged firm or successor in interest to the licensee. (b) A licensee shall furnish to their client or former client, upon request and reasonable notice: (1) A copy of the licensee’s working papers, to the extent that those working papers include records that would ordinarily constitute part of the client’s records and are not otherwise available to the client. (2) Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client’s premises or received for the client’s account. The licensee may make and retain copies of documents of the client when they form the basis for work done by them. (Amended by Stats. 2023, Ch. 510, Sec. 66. (SB 887) Effective January 1, 2024.)
  160. 5037.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section says the referenced Financial Code provisions cannot be read to interfere with a licensee’s rights, duties, or obligations under Section 5037.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5037.1. Nothing in subdivision (k) of Section 17406 of the Financial Code or subdivision (a) of Section 17406.1 of the Financial Code shall be construed to impair or impede a licensee’s rights, duties, and obligations under Section 5037. (Added by Stats. 1994, Ch. 496, Sec. 1. Effective January 1, 1995.)
  161. 5038.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    If part of this chapter is held invalid, the rest still applies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5038. If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Added by renumbering Section 5131 by Stats. 1959, Ch. 310.)
  162. 5040.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The Legislature says preparers of state income tax returns, including accountants, should tell clients in writing before the return is completed that voluntary contributions can be made on the return.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 2. General Powers and Definitions [5030 - 5040] ( Article 2 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5040. The Legislature finds and declares that it is important to inform taxpayers that they may make voluntary contributions to certain funds or programs, as provided on the state income tax return. The Legislature further finds and declares that many taxpayers remain unaware of the voluntary contribution check-offs on the state income tax return. Therefore, it is the intent of the Legislature to encourage all persons who prepare state income tax returns, including accountants, to inform their clients in writing, prior to the completion of any state income tax return, that they may make a contribution to any voluntary contribution check-off on the state income tax return if they so choose. (Amended by Stats. 1998, Ch. 485, Sec. 2. Effective January 1, 1999.)
  163. 5050.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Most people may not practice public accountancy in this state unless they have a valid board permit or a practice privilege; a limited foreign-country temporary practice exception is allowed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5050. (a) Except as provided in subdivision (b) of this section, in subdivision (a) of Section 5054, and in Section 5096.12, no person shall engage in the practice of public accountancy in this state unless the person is the holder of a valid permit to practice public accountancy issued by the board or a holder of a practice privilege pursuant to Article 5.1 (commencing with Section 5096). (b) Nothing in this chapter shall prohibit a person who holds a valid and current license, registration, certificate, permit, or other authority to practice public accountancy from a foreign country, and lawfully practicing therein, from temporarily engaging in the practice of public accountancy in this state incident to an engagement in that country, provided that: (1) The temporary practice is regulated by the foreign country and is performed under accounting or auditing standards of that country. (2) The person does not hold themselves out as being the holder of a valid California permit to practice public accountancy or the holder of a practice privilege pursuant to Article 5.1 (commencing with Section 5096). (Amended by Stats. 2024, Ch. 586, Sec. 5. (AB 3251) Effective January 1, 2025.)
  164. 5050.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    People who practice public accountancy in this state are treated as consenting to the board’s jurisdiction, and they are also deemed to have appointed the issuing regulator as an agent for service of notices, subpoenas, or other process.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5050.1. (a) Any person that engages in any act that is the practice of public accountancy in this state consents to the personal, subject matter, and disciplinary jurisdiction of the board. This subdivision is declarative of existing law. (b) Any person engaged in the practice of public accountancy under subdivision (a) is deemed to have appointed the regulatory authority of the state or foreign jurisdiction that issued the person’s permit, certificate, license or other authorization to practice as the person’s agent on whom notice, subpoenas, or other process may be served in any action or proceeding by or before the board against or involving that person. (Added by Stats. 2006, Ch. 458, Sec. 3. Effective September 25, 2006.)
  165. 5050.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may discipline people who hold certain practice authorizations, including revoking, suspending, fining, restricting, or otherwise disciplining them, and it may administratively suspend authorizations in some cases. A person whose authorization was revoked may seek reinstatement after at least one year, unless the board sets a longer period up to three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5050.2. (a) The board may revoke, suspend, issue a fine pursuant to Article 6.5 (commencing with Section 5116), or otherwise restrict or discipline the holder of an authorization to practice under subdivision (b) of Section 5050, subdivision (a) of Section 5054, or Section 5096.12 for any act that would be a violation of this code or grounds for discipline against a licensee or holder of a practice privilege, or grounds for denial of a license or practice privilege under this code. The provisions of the Administrative Procedure Act, including, but not limited to, the commencement of a disciplinary proceeding by the filing of an accusation by the board shall apply to this section. Any person whose authorization to practice under subdivision (b) of Section 5050, subdivision (a) of Section 5054, or Section 5096.12 has been revoked may apply for reinstatement of the authorization to practice under subdivision (b) of Section 5050, subdivision (b) of Section 5054, or Section 5096.12 not less than one year after the effective date of the board’s decision revoking the authorization to practice unless a longer time, not to exceed three years, is specified in the board’s decision revoking the authorization to practice. (b) The board may administratively suspend the authorization of any person to practice under subdivision (b) of Section 5050, subdivision (a) of Section 5054, or Section 5096.12 for any act that would be grounds for administrative suspension under Section 5096.4 utilizing the procedures set forth in that section. (Amended by Stats. 2024, Ch. 586, Sec. 6. (AB 3251) Effective January 1, 2025.)
  166. 5051.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section says when a person is treated as practicing public accountancy, and when they are not.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5051. Except as provided in Sections 5052 and 5053, a person shall be deemed to be engaged in the practice of public accountancy within the meaning and intent of this chapter if they do any of the following: (a) Hold themselves out to the public in any manner as one skilled in the knowledge, science, and practice of accounting, and as qualified and ready to render professional service as a public accountant for compensation. (b) Maintain an office for the transaction of business as a public accountant. (c) Offer to prospective clients to perform for compensation, or does perform on behalf of clients for compensation, professional services that involve or require an audit, examination, verification, investigation, certification, presentation, or review of financial transactions and accounting records. (d) Prepare or certify for clients reports on audits or examinations of books or records of account, balance sheets, and other financial, accounting and related schedules, exhibits, statements, or reports that are to be used for publication, for the purpose of obtaining credit, for filing with a court of law or with any governmental agency, or for any other purpose. (e) In general or as an incident to that work, render professional services to clients for compensation in any or all matters relating to accounting procedure and to the recording, presentation, or certification of financial information or data. (f) Keep books, make trial balances, prepare statements, make audits, or prepare reports, all as a part of bookkeeping operations for clients. (g) Prepare or sign, as the tax preparer, tax returns for clients. (h) Prepare personal financial or investment plans or provide to clients products or services of others in implementation of personal financial or investment plans. (i) Prepare management consulting services to clients. The activities set forth in subdivisions (f) to (i), inclusive, are “public accountancy” only when performed by a certified public accountant or public accountant, as defined in this chapter. A person is not engaged in the practice of public accountancy if the only services they engage in are those defined by subdivisions (f) to (i), inclusive, and they do not hold themselves out, solicit, or advertise for clients using the certified public accountant or public accountant designation. A person is not holding themselves out, soliciting, or advertising for clients within the meaning of this section solely by reason of displaying a CPA or PA certificate in their office or identifying themselves as a CPA or PA on other than signs, advertisements, letterhead, business cards, publications directed to clients or potential clients, or financial or tax documents of a client. (Amended by Stats. 2023, Ch. 510, Sec. 67. (SB 887) Effective January 1, 2024.)
  167. 5052.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section exempts certain bookkeeping-related workers from this chapter, and preserves the rights of certain registered public accountants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5052. Nothing in this chapter shall apply to any person who as an employee, independent contractor, or otherwise, contracts with one or more persons, organizations, or entities, for the purpose of keeping books, making trial balances, statements, making audits or preparing reports, all as a part of bookkeeping operations, provided that such trial balances, statements, or reports are not issued over the name of such person as having been prepared or examined by a certified public accountant or public accountant. Nothing contained in this chapter shall affect, limit or be construed as affecting or limiting the rights of any public accountant who met the requirements of prior statutes and who was registered with the board as a public accountant on or before December 31, 1955. (Added by renumbering Section 5062 by Stats. 1959, Ch. 310.)
  168. 5053.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A non-CPA/public accountant may work as an employee or assistant for certain accounting professionals or firms if supervised and if they do not issue statements under their own name.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5053. Nothing contained in this chapter precludes a person who is not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or public accountant or partnership or a corporation composed of certified public accountants or public accountants holding a permit to practice pursuant to this chapter if the employee or assistant works under the control and supervision of a certified public accountant, or a public accountant authorized to practice public accountancy pursuant to this chapter and if the employee or assistant does not issue any statement over their name. This section does not apply to an attorney at law in connection with the practice of law. (Amended by Stats. 2023, Ch. 510, Sec. 68. (SB 887) Effective January 1, 2024.)
  169. 5054.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    An out-of-state public accountancy licensee or firm may prepare certain tax returns for California residents without a California permit if it does not enter California to practice, solicit California clients, or imply California licensure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5054. (a) Notwithstanding any other provision of this chapter, an individual or firm holding a valid and current license, certificate, or permit to practice public accountancy from another state may prepare tax returns for natural persons who are California residents or estate tax returns for the estates of natural persons who were clients at the time of death without obtaining a permit to practice public accountancy issued by the board under this chapter or a practice privilege pursuant to Article 5.1 (commencing with Section 5096) provided that the individual or firm does not physically enter California to practice public accountancy pursuant to Section 5051, does not solicit California clients, and does not assert or imply that the individual or firm is licensed or registered to practice public accountancy in California. (b) The board may, by regulation, limit the number of tax returns that may be prepared pursuant to subdivision (a). (Added by Stats. 2005, Ch. 658, Sec. 26. Effective January 1, 2006.)
  170. 5055.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Qualified accountants may use the title “certified public accountant” and “C.P.A.”; everyone else, except a registered firm, may not use those designations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5055. Any person who has received from the board a certificate of certified public accountant, or who is authorized to practice public accountancy in this state pursuant to Article 5.1 (commencing with Section 5096), may, subject to Section 5051, be styled and known as a “certified public accountant” and may also use the abbreviation “C.P.A.” No other person, except a firm registered under this chapter, shall assume or use that title, designation, or abbreviation or any other title, designation, sign, card, or device tending to indicate that the person using it is a certified public accountant. (Amended by Stats. 2015, Ch. 430, Sec. 1. (AB 181) Effective January 1, 2016.)
  171. 5056.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A person with a board-issued certificate of public accountant may call themselves a public accountant and use “P.A.”; others generally may not use that title or anything that implies it, except registered firms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5056. Any person who has received from the board a certificate of public accountant may, subject to Section 5051, be styled and known as a “public accountant” and may also use the abbreviation “P.A.” No other person, except a firm registered under this chapter, shall assume or use that title, designation, or abbreviation or any other title, designation, sign, card, or device tending to indicate that the person using it is a public accountant. (Amended by Stats. 1998, Ch. 878, Sec. 34. Effective January 1, 1999.)
  172. 5057.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A person with a current out-of-state public accountancy license is exempt from California permit or practice-privilege requirements if specific client, location, conduct, and duration conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5057. Notwithstanding any other provision of law, an individual holding a valid and current license, certificate, or permit to practice public accountancy from another state shall be exempt from the requirement to obtain a permit to practice public accountancy issued by the board under this chapter or to secure a practice privilege pursuant to Article 5.1 (commencing with Section 5096) if all of the following conditions are satisfied: (a) The individual’s client is located in another state. (b) The individual’s engagement with the client relates to work product to be delivered in another state. (c) The individual does not solicit California clients, or have their principal place of business in this state. (d) The individual does not assert or imply that they are licensed to practice public accountancy in California. (e) The individual’s practice of public accountancy in this state on behalf of the client located in another state is of a limited duration, not extending beyond the period required to service the engagement for the client located in another state. (f) The individual’s practice of public accountancy in this state specifically relates to servicing the engagement for the client located in another state. (Amended by Stats. 2023, Ch. 510, Sec. 69. (SB 887) Effective January 1, 2024.)
  173. 5058.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    Most people and partnerships may not use specified accountant titles or similar confusing abbreviations, with limited exceptions for certain qualified CPAs and enrolled agents.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5058. No person or partnership shall assume or use the title or designation “chartered accountant,” “certified accountant,” “enrolled accountant,” “registered accountant” or “licensed accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “C.A.,” “E.A.,” “R.A.,” or “L.A.,” or similar abbreviations likely to be confused with “C.P.A.” or “P.A.”; provided, that any person qualified as a certified public accountant under this chapter who also holds a comparable title granted under the laws of another country may use such title in conjunction with the title of “certified public accountant” or “C.P.A.” and provided, that any person enrolled to practice before the Internal Revenue Service and recognized as an enrolled agent may use the abbreviation “E.A.” (Amended by Stats. 1979, Ch. 25.)
  174. 5058.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A person or firm must not use a false or misleading title or designation for “certified public accountant” or “public accountant”; the board may adopt regulations about title use.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5058.1. A person or firm may not use any title or designation in connection with the designation “certified public accountant” or “public accountant” that is false or misleading. The board may adopt regulations covering the use of titles or designations. (Added by Stats. 1998, Ch. 878, Sec. 35. Effective January 1, 1999.)
  175. 5058.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A holder of an inactive license must add “inactive” immediately after certain CPA-related designations when using them on specified materials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5058.2. The holder of an inactive license issued by the board pursuant to Section 462, when lawfully using the title “certified public accountant,” the CPA designation, or any other reference that would suggest that the person is licensed by the board on materials such as correspondence, internet websites, business cards, nameplates, or name plaques, shall place the term “inactive” immediately after that designation. (Amended by Stats. 2023, Ch. 510, Sec. 70. (SB 887) Effective January 1, 2024.)
  176. 5058.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A retired license holder who uses CPA-related titles or references must add “retired” immediately after them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5058.3. The holder of a retired license issued by the board pursuant to Section 5070.1, when lawfully using the title “certified public accountant,” the CPA designation, or any other reference that would suggest that the person is licensed by the board on materials such as correspondence, internet websites, business cards, nameplates, or name plaques, shall place the term “retired” immediately after that title, designation, or reference. (Amended by Stats. 2023, Ch. 510, Sec. 71. (SB 887) Effective January 1, 2024.)
  177. 5058.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A holder of a military inactive permit must add “military inactive” right after certain CPA-related titles or references when using them on specified materials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3. Application of Chapter [5050 - 5058.4] ( Article 3 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5058.4. The holder of a permit in a military inactive status issued by the board pursuant to Section 5070.2, when lawfully using the title “certified public accountant,” the CPA designation, or any other reference that would suggest that the person is licensed by the board, on materials such as correspondence, internet websites, business cards, nameplates, or name plaques, shall place the term “military inactive” immediately after that title, designation, or reference. (Amended by Stats. 2023, Ch. 510, Sec. 72. (SB 887) Effective January 1, 2024.)
  178. 5060.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

    Verify source ↗

    People or firms may not practice public accountancy under a false or misleading name, or under a name different from the one on a valid permit issued by the board, unless a sole proprietor meets the stated registration and compliance conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5060. (a) No person or firm may practice public accountancy under any name which is false or misleading. (b) No person or firm may practice public accountancy under any name other than the name under which the person or firm holds a valid permit to practice issued by the board. (c) Notwithstanding subdivision (b), a sole proprietor may practice under a name other than the name set forth on their permit to practice, provided the name is registered by the board, is in good standing, and complies with the requirements of subdivision (a). (d) The board may adopt regulations to implement, interpret, and make specific the provisions of this section including, but not limited to, regulations designating particular forms of names as being false or misleading. (Amended by Stats. 2023, Ch. 510, Sec. 73. (SB 887) Effective January 1, 2024.)
  179. 5061.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

    Verify source ↗

    Public accountants are generally barred from paying or taking commissions to get or refer clients, with limited exceptions and disclosure requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5061. (a) Except as expressly permitted by this section, a person engaged in the practice of public accountancy shall not: (1) pay a fee or commission to obtain a client or (2) accept a fee or commission for referring a client to the products or services of a third party. (b) A person engaged in the practice of public accountancy who is not performing any of the services set forth in subdivision (c) and who complies with the disclosure requirements of subdivision (d) may accept a fee or commission for providing a client with the products or services of a third party where the products or services of a third party are provided in conjunction with professional services provided to the client by the person engaged in the practice of public accountancy. Nothing in this subdivision shall be construed to permit the solicitation or acceptance of any fee or commission solely for the referral of a client to a third party. (c) A person engaged in the practice of public accountancy is prohibited from performing services for a client, or an officer or director of a client, or a client-sponsored retirement plan, for a commission or from receiving a commission from a third party for providing the products or services of that third party to a client, or an officer or director of a client, or a client-sponsored retirement plan, during the period in which the person also performs for that client, or officer or director of that client, or client-sponsored retirement plan, any of the services listed below and during the period covered by any historical financial statements involved in those listed services: (1) An audit or review of a financial statement. (2) A compilation of a financial statement when that person expects, or reasonably might expect, that a third party will use the financial statement and the compilation report does not disclose a lack of independence. (3) An examination of prospective financial information. For purposes of this subdivision, “director” means any person as defined under Section 164 of the Corporations Code and “officer” means any individual reported to a regulatory agency as an officer of a corporation. However, “director” and “officer” does not include a director or officer of a nonprofit corporation, or a corporation that meets the board’s definition of small business, as specified by regulation. (d) A person engaged in the practice of public accountancy who is not prohibited from performing services for a commission, or from receiving a commission, and who is paid or expects to be paid a commission, shall disclose that fact to any client or entity to whom the person engaged in the practice of public accountancy recommends or refers a product or service to which the commission relates. (e) The board shall adopt regulations to implement, interpret, and make specific the provisions of this section including, but not limited to, regulations specifying the terms of any disclosure required by subdivision (d), the manner in which the disclosure shall be made, and other matters regarding the disclosure that the board deems appropriate. These regulations shall require, at a minimum, that a disclosure shall comply with all of the following: (1) Be in writing and be clear and conspicuous. (2) Be signed by the recipient of the product or service. (3) State the amount of the commission or the basis on which it will be computed. (4) Identify the source of the payment and the relationship between the source of the payment and the person receiving the payment. (5) Be presented to the client at or prior to the time the recommendation of the product or service is made. (f) For purposes of this section, “fee” includes, but is not limited to, a commission, rebate, preference, discount, or other consideration, whether in the form of money or otherwise. (g) This section shall not prohibit payments for the purchase of any accounting practice or retirement payments to individuals presently or formerly engaged in the practice of public accountancy or payments to their heirs or estates. (Amended by Stats. 2003, Ch. 807, Sec. 4. Effective January 1, 2004.)
  180. 5062.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

    Verify source ↗

    A licensee must issue a report that conforms to professional standards after completing a compilation, review, or audit of financial statements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5062. A licensee shall issue a report which conforms to professional standards upon completion of a compilation, review or audit of financial statements. (Added by Stats. 1990, Ch. 1393, Sec. 1.3.)
  181. 5062.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

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    A licensee must not accept certain employment with a publicly traded corporation or its affiliate within 12 months after a financial statement report is issued, if the licensee had significant audit responsibility and the job would give significant accounting or financial reporting authority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5062.2. A licensee shall not accept employment with a publicly traded corporation or its affiliate within 12 months of the date of issuance of a financial statement report if both of the following criteria are met: (a) The licensee has participated in an audit engagement for the corporation and held responsibility, with respect to the audit engagement, requiring the licensee to exercise significant judgment in the audit process. Responsibilities meeting the requirements of this subdivision include, but are not limited to, positions, however titled, where the licensee was the person in charge of the fieldwork, up through positions where the licensee was a partner on the engagement. (b) The employment would permit the licensee to exercise significant authority over accounting or financial reporting, including authority over the controls related to those functions. (Added by Stats. 2002, Ch. 232, Sec. 1. Effective January 1, 2003.)
  182. 5062.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

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    In a board enforcement action, certain accounting firm licensee owners are treated as equally responsible as the licensees who performed the attestation engagement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5062.3. For purposes of an enforcement action taken by the board, an accounting firm providing attestation services where none of the licensee owners of the firm have authority to sign reports on attest engagements, the licensee owners shall be held to the same level of responsibility as the licensee or licensees who performed the engagement. (Added by Stats. 2024, Ch. 586, Sec. 7. (AB 3251) Effective January 1, 2025.)
  183. 5062.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

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    An accounting firm must provide certain working papers to a qualifying licensee when the board requests them for an investigation, and the licensee must return the papers when directed and keep no copies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5062.4. If a licensee is no longer employed with an accounting firm, the accounting firm shall make all working papers available to a licensee who signed a report on an attest engagement upon request by the board for purposes of conducting an investigation. The licensee shall return the working papers upon direction by the board and shall keep no copies. (Added by Stats. 2024, Ch. 586, Sec. 8. (AB 3251) Effective January 1, 2025.)
  184. 5063.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

    Verify source ↗

    A licensee must report specified events to the board in writing within 30 days after learning of them, sign the report, include required details, and promptly answer board inquiries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5063. (a) A licensee shall report to the board in writing of the occurrence of any of the following events occurring on or after January 1, 1997, within 30 days of the date the licensee has knowledge of these events: (1) The conviction of the licensee of any of the following: (A) A felony. (B) Any crime related to the qualifications, functions, or duties of a public accountant or certified public accountant, or to acts or activities in the course and scope of the practice of public accountancy. (C) Any crime involving theft, embezzlement, misappropriation of funds or property, breach of a fiduciary responsibility, or the preparation, publication, or dissemination of false, fraudulent, or materially misleading financial statements, reports, or information. As used in this section, a conviction includes the initial plea, verdict, or finding of guilt, pleas of no contest, or pronouncement of sentence by a trial court even though that conviction may not be final or sentence actually imposed until appeals are exhausted. (2) The cancellation, revocation, or suspension of a certificate, other authority to practice or refusal to renew a certificate or other authority to practice as a certified public accountant or a public accountant, by any other state or foreign country. (3) The cancellation, revocation, or suspension of the right to practice as a certified public accountant or a public accountant before any governmental body or agency. (b) A licensee shall report to the board in writing the occurrence of any of the following events occurring on or after January 1, 2003, within 30 days of the date the licensee has knowledge of the events: (1) Any restatement of a financial statement and related disclosures by a client audited by the licensee. (2) Any civil action settlement or arbitration award against the licensee relating to the practice of public accountancy where the amount or value of the settlement or arbitration award is thirty thousand dollars ($30,000) or greater and where the licensee is not insured for the full amount of the award. (3) Any notice of the opening or initiation of a formal investigation of the licensee by the Securities and Exchange Commission or its designee. (4) Any notice from the Securities and Exchange Commission to a licensee requesting a Wells Submission. (5) Any notice of the opening or initiation of an investigation by the Public Company Accounting Oversight Board or its designee, as defined pursuant to subdivision (g). (c) A licensee shall report to the board in writing, within 30 days of the entry of the judgment, any judgment entered on or after January 1, 2003, against the licensee in any civil action alleging any of the following: (1) Dishonesty, fraud, gross negligence, or negligence. (2) Breach of fiduciary responsibility. (3) Preparation, publication, or dissemination of false, fraudulent, or materially misleading financial statements, reports, or information. (4) Embezzlement, theft, misappropriation of funds or property, or obtaining money, property, or other valuable consideration by fraudulent means or false pretenses, or other errors or omissions. (5) Any actionable conduct by the licensee in the practice of public accountancy, the performance of bookkeeping operations, or other professional practice. (d) The report required by subdivisions (a), (b), and (c) shall be signed by the licensee and set forth the facts which constitute the reportable event. If the reportable event involves the action of an administrative agency or court, then the report shall set forth the title of the matter, court or agency name, docket number, and dates of occurrence of the reportable event. (e) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal. (f) Nothing in this section shall impose a duty upon any licensee to report to the board the occurrence of any of the events set forth in subdivision (a), (b), or (c) either by or against any other licensee. (g) The board may adopt regulations to further define the reporting requirements of this section. (Amended by Stats. 2002, Ch. 231, Sec. 6. Effective January 1, 2003.)
  185. 5063.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

    Verify source ↗

    A California court that enters certain convictions or judgments must report them to the board within 10 days and send a copy plus any related orders or opinions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5063.1. Within 10 days of entry of a conviction described in paragraph (1) of subdivision (a) of Section 5063 or a judgment described in subdivision (c) of Section 5063 by a court of this state, the court that rendered the conviction or judgment shall report that fact to the board and provide the board with a copy of the conviction or judgment and any orders or opinions of the court accompanying or ordering the conviction or judgment. (Added by Stats. 2002, Ch. 231, Sec. 7. Effective January 1, 2003.)
  186. 5063.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

    Verify source ↗

    Some financial statement restatements are exempt from a reporting requirement, and this section does not create a duty to report restatements that the board’s current regulations do not require to be submitted.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5063.10. (a) Any restatement of a financial statement that is included in any report filed with the United States Securities and Exchange Commission shall be exempt from the requirement described in paragraph (1) of subdivision (b) of Section 5063. (b) Nothing in this section shall be construed to require the reporting of any restatement of a financial statement that is not required to be submitted to the board pursuant to the regulations adopted by the board in effect on the date this section becomes operative. (Added by Stats. 2011, Ch. 448, Sec. 7. (SB 543) Effective January 1, 2012.)
  187. 5063.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

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    Certain insurers or licensed surplus brokers must report specified settlement or arbitration award information to the board within 30 days after payment, when the award or settlement is at least $30,000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5063.2. Within 30 days of payment of all or any portion of any civil action settlement or arbitration award against a licensee of the board in which the amount or value of the settlement or arbitration award is thirty thousand dollars ($30,000) or greater, any insurer or licensed surplus broker providing professional liability insurance to that licensee shall report to the board the name of the licensee, the amount or value of the settlement or arbitration award, the amount paid by the insurer or licensed surplus broker, and the identity of the payee. (Added by Stats. 2002, Ch. 231, Sec. 8. Effective January 1, 2003.)
  188. 5063.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. )

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    A licensee generally must not disclose confidential client information obtained in a professional capacity without written permission, except for listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 3.5. Standards of Professional Conduct [5060 - 5063.10] ( Article 3.5 heading added by Stats. 1988, Ch. 728, Sec. 1. ) ## 5063.3. (a) No confidential information obtained by a licensee, in their professional capacity, concerning a client or a prospective client shall be disclosed by the licensee without the written permission of the client or prospective client, except the following: (1) Disclosures made by a licensee in compliance with a subpoena or a summons enforceable by order of a court. (2) Disclosures made by a licensee regarding a client or prospective client to the extent the licensee reasonably believes it is necessary to maintain or defend themselves in a legal proceeding initiated by the client or prospective client. (3) Disclosures made by a licensee in response to an official inquiry from a federal or state government regulatory agency. (4) Disclosures made by a licensee or a licensee’s duly authorized representative to another licensee or person in connection with a proposed sale or merger of the licensee’s professional practice, provided the parties enter into a written nondisclosure agreement with regard to all client information shared between the parties. (5) Disclosures made by a licensee to either of the following: (A) Another licensee to the extent necessary for purposes of professional consultation. (B) Organizations that provide professional standards review and ethics or quality control peer review. (6) Disclosures made when specifically required by law. (7) Disclosures specified by the board in regulation. (b) In the event that confidential client information may be disclosed to persons or entities outside the United States of America in connection with the services provided, the licensee shall inform the client in writing and obtain the client’s written permission for the disclosure. (Amended by Stats. 2023, Ch. 510, Sec. 74. (SB 887) Effective January 1, 2024.)
  189. 5070.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    The board may issue public accountancy permits only to eligible certificate holders or registered entities, and applicants must provide proof of entitlement, pay required fees, and report a valid email address at application or registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5070. (a) Permits to engage in the practice of public accountancy in this state shall be issued by the board only to holders of the certificate of certified public accountant issued under this chapter and to those partnerships, corporations, and other persons who, upon application approved by the board, are registered with the board under this chapter. Notwithstanding any other law, the board may register an entity organized and authorized to practice public accountancy under the laws of another state for the purpose of allowing that entity to satisfy the registration requirement set forth in Section 5096.12, if (1) the certified public accountants providing services in California qualify for the practice privilege, and (2) the entity satisfies all other requirements to register in this state, other than its form of legal organization. (b) All applicants for registration shall furnish satisfactory evidence that the applicant is entitled to registration and shall pay the fee as provided in Article 8 (commencing with Section 5130). Every partnership, corporation, and other person to whom a permit is issued shall, in addition to any other fee that may be payable, pay the initial permit fee provided in Article 8 (commencing with Section 5130). (c) Each applicant who has a valid email address shall report to the board that email address at the time of application or registration. (d) Each partnership, corporation, and other person issued a permit by the board to practice as a certified public accountant or as a public accountant shall be furnished with a suitable certificate evidencing that registration. (Amended by Stats. 2021, Ch. 300, Sec. 3. (AB 298) Effective January 1, 2022.)
  190. 5070.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board may create and regulate a retired-status license system for certain accountants, but it must deny retired-status applications in disqualifying cases and may exempt retired-status holders from renewal rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5070.1. (a) The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board. (b) No licensee with a license in a retired status shall engage in any activity for which a permit is required. (c) The board shall deny an applicant’s application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended or revoked, or is subject to disciplinary action under this chapter. (1) For purposes of this subdivision, a permanent restricted practice order shall not be considered an outstanding order of the board provided the licensee has completed probation as part of any original discipline order. (2) If a license is subject to a permanent restricted practice order at the time the board approves the license to be placed in a retired status, the permanent restricted practice order shall be reinstated if the license is restored from retired status to an active status and shall remain in effect until the board modifies or terminates the permanent restricted practice order. (d) (1) The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a). (2) Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status. (3) The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section. (e) The board shall establish minimum qualifications to place a license in retired status. (f) The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5. (g) The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134. (h) The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore the individual’s license. (i) At the time of application, if the applicant has a valid email address, the applicant shall provide that email address to the board. (Amended by Stats. 2025, Ch. 67, Sec. 9. (AB 1170) Effective January 1, 2026.)
  191. 5070.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    A permit holder may seek military inactive status if on active duty and provides evidence. While in military inactive status, the holder may not do work requiring a permit, but is exempt from certain renewal, education, and peer review requirements. The board can deny the application in specified disciplinary situations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5070.2. (a) (1) Beginning January 1, 2014, a holder of a permit may apply to have the holder’s permit placed in a military inactive status if the holder of a permit is engaged in, and provides sufficient evidence of, active duty as a member of the California National Guard or the United States Armed Forces. (2) The board shall deny an applicant’s application for a military inactive status permit if the permit issued pursuant to Section 5070 is canceled or if it is suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter. At the time of application, if the applicant has a valid email address, the applicant shall provide that email address to the board. (b) No holder of a permit in a military inactive status shall engage in any activity for which a permit is required. (c) The holder of a permit in a military inactive status shall be exempt from all of the following: (1) Payment of the biennial renewal fee described in Section 5134. (2) The continuing education requirements of Section 5027. (3) The peer review requirements of Section 5076. (d) In order to convert a permit status from military inactive status prior to discharge from active duty as a member of the California National Guard or the United States Armed Forces, the holder of a permit in a military inactive status shall comply with all of the following requirements: (1) Pay the current biennial renewal fee described in Section 5134. (2) Meet continuing education requirements as prescribed by the board. (3) Meet the peer review requirements as prescribed by the board. (e) The holder of a permit in a military inactive status shall, within one year from discharge from active duty as a member of the California National Guard or the United States Armed Forces, comply with all of the following requirements: (1) Provide evidence to the board of the discharge date. (2) Pay the current biennial renewal fee described in Section 5134. (3) Meet continuing education requirements as prescribed by the board. (4) Meet the peer review requirements as prescribed by the board. (f) The board may adopt regulations as necessary to administer this section. (Amended by Stats. 2024, Ch. 80, Sec. 7. (SB 1525) Effective January 1, 2025.)
  192. 5070.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    This section sets permit renewal and email-reporting rules for accountancy permit holders and gives the board power to require current-email confirmations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5070.5. (a) (1) A permit issued under this chapter to a certified public accountant or a public accountant expires at 12 midnight on the last day of the month of the legal birthday of the licensee during the second year of a two-year term if not renewed. (2) To renew an unexpired permit, a permitholder shall, before the time at which the permit would otherwise expire, apply for renewal on a form prescribed by the board, pay the renewal fee prescribed by this chapter, and give evidence satisfactory to the board that the permitholder has complied with the continuing education provisions of this chapter. (3) Each applicant for renewal who has a valid email address shall report that email address to the board on the renewal form described in paragraph (1). (b) A permit to practice as an accountancy partnership or an accountancy corporation expires at 12 midnight on the last day of the month in which the permit was initially issued during the second year of a two-year term if not renewed. To renew an unexpired permit, the permitholder shall, before the time at which the permit would otherwise expire, apply for renewal on a form prescribed by the board, pay the renewal fee prescribed by this chapter, and provide evidence satisfactory to the board that the accountancy partnership or accountancy corporation is in compliance with this chapter. (c) On or before July 1, 2020, each permitholder who has a valid email address shall provide that email address to the board. (d) A permitholder shall notify the board within 30 days of any change to their email address on file with the board. The board may periodically, as it determines necessary, require permitholders to confirm that their email address on file with the board is current. (Amended by Stats. 2021, Ch. 300, Sec. 4. (AB 298) Effective January 1, 2022.)
  193. 5070.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    An expired permit may be renewed within five years after expiration, if the renewal application is filed on the board’s form, the renewal fees are paid, and compliance evidence is accepted by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5070.6. Except as otherwise provided in this chapter, an expired permit may be renewed at any time within five years after its expiration upon the filing of an application for renewal on a form prescribed by the board, payment of all accrued and unpaid renewal fees and providing evidence satisfactory to the board of compliance as required by Section 5070.5. At the time of application, if the applicant has a valid email address, the applicant shall provide that address to the board. If the permit is renewed after its expiration, its holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the accrued renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the permit shall continue in effect through the date provided in Section 5070.5 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (Amended by Stats. 2019, Ch. 359, Sec. 9. (AB 1521) Effective January 1, 2020.)
  194. 5070.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    If a permit is not renewed within five years after expiration, it generally cannot be renewed, restored, or reinstated, and the related certificate is canceled; some reinstatement and waiver rules apply.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5070.7. (a) A permit that is not renewed within five years following its expiration may not be renewed, restored, or reinstated thereafter, and the certificate of the holder of the permit shall be canceled immediately upon expiration of the five-year period, except as provided in subdivision (e). (b) A partnership or corporation whose certificate has been canceled by operation of this section may obtain a new certificate and permit only if it again meets the requirements set forth in this chapter relating to registration and pays the registration fee and initial permit fee. (c) A certified public accountant whose certificate is canceled by operation of this section may apply for and obtain a new certificate and permit if the applicant: (1) Is not subject to denial of a certificate and permit under Section 480. (2) Pays all of the fees that would be required of them if they were then applying for the certificate and permit for the first time. (3) Takes and passes the examination that would be required of them if they were then applying for the certificate for the first time. The examination may be waived in any case in which the applicant establishes to the satisfaction of the board that, with due regard for the public interest, they are qualified to engage in practice as a certified public accountant. (d) The board may, by appropriate regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a certificate is issued without an examination under this section. (e) Revoked permits may not be renewed, but may be reinstated by the board, without regard to the length of time that has elapsed since the permit was revoked, and with conditions and restrictions as the board shall determine. (Amended by Stats. 2023, Ch. 510, Sec. 75. (SB 887) Effective January 1, 2024.)
  195. 5070.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    A suspended permit can expire and be renewed under this article, but renewal does not let the holder practice accountancy while the permit remains suspended. A revoked permit may not be renewed. If a permit is reinstated after expiration, the holder must pay a reinstatement fee tied to the last renewal fee plus any delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5070.8. A permit which has been suspended is subject to expiration, and shall be renewed as provided in this article, but such renewal does not entitle the holder of the permit, while it remains suspended, and until it is reinstated, to engage in the practice of accountancy, or in any other activity or conduct in violation of the order or judgment by which the permit was suspended. A permit which has been revoked is subject to expiration, but it may not be renewed. If it is reinstated after its expiration, the holder of the permit, as a condition precedent to its reinstatement, shall pay a reinstatement fee which shall be 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. (Added by Stats. 1961, Ch. 1254.)
  196. 5072.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A partnership may practice public accountancy only if it is registered by the board, and persons may not practice accountancy as a partnership unless registered.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5072. (a) No persons shall engage in the practice of accountancy as a partnership unless the partnership is registered by the board. (b) A partnership, other than a limited partnership, may be registered by the board to engage in the practice of public accountancy provided it meets the following requirements: (1) At least one general partner shall hold a valid permit to practice as a certified public accountant, public accountant, or accountancy corporation, or shall be an applicant for a certificate as a certified public accountant under Sections 5087 and 5088, or the partnership shall be registered pursuant to subdivision (c) of Section 5096.12. (2) Each partner engaged within this state in the practice of public accountancy as defined by Section 5051 shall hold a valid permit to practice in this state or shall have applied for a certificate as a certified public accountant under Sections 5087 and 5088, except for a partner with practice privileges pursuant to Section 5096. (3) Each partner not engaged in the practice of public accountancy within this state shall be a certified public accountant in good standing of some state, except as permitted by Section 5079. (4) Each resident manager in charge of an office of the firm in this state shall be a licensee in good standing of this state, or shall have applied for a certificate as a certified public accountant under Sections 5087 and 5088. (Amended (as added by Stats. 2012, Ch. 661, Sec. 4.5) by Stats. 2018, Ch. 447, Sec. 1. (SB 795) Effective January 1, 2019.)
  197. 5073.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

    Verify source ↗

    A partnership registration application must use the board’s form, provide a valid email address if it has one, and notify the board within one month of partner changes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5073. (a) Application for registration of a partnership shall be made upon a form prescribed by the board. At the time of registration, if the partnership has a valid email address, the partnership shall provide that email address to the board. The board shall in each case determine whether the applicant is eligible for registration. (b) A partnership that is so registered and that holds a valid permit issued under this article and that has at least one general partner who is licensed to practice using the designation “certified public accountant” or the abbreviation “C.P.A.” and one additional licensed person may use the words “certified public accountants” or the abbreviation “C.P.A.s” in connection with its partnership name. (c) A partnership that is so registered and that holds a valid permit issued under this article and that has at least one general partner who is licensed to practice using the designation “public accountant” or the abbreviation “P.A.” and one additional licensed person may use the words “public accountants” or the abbreviation “P.A.s” in connection with its partnership name. (d) Notification shall be given to the board within one month after the admission to, or withdrawal of, a partner from any partnership so registered. (e) Any registration of a partnership under this section granted in reliance upon Sections 5087 and 5088 shall terminate forthwith if the board rejects the application under Sections 5087 and 5088 of the general partner who signed the application for registration as a partnership, or any partner personally engaged in the practice of public accountancy in this state, or any resident manager of a partnership in charge of an office in this state. (Amended by Stats. 2019, Ch. 359, Sec. 10. (AB 1521) Effective January 1, 2020.)
  198. 5076.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    Firms renewing or converting to active status must get a board-recognized peer review report at least every three years, and certain “fail” reports must be sent to the board within a board-set period not over 60 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5076. (a) In order to renew its registration in an active status or convert to an active status, a firm, as defined in Section 5035.1, shall have a peer review report of its accounting and auditing practice accepted by a board-recognized peer review program no less frequently than every three years. (b) For purposes of this article, the following definitions apply: (1) “Peer review” means a study, appraisal, or review conducted in accordance with professional standards of the professional work of a firm, and may include an evaluation of other factors in accordance with the requirements specified by the board in regulations. The peer review report shall be issued by an individual who has a valid and current license, certificate, or permit to practice public accountancy from this state or another state and is unaffiliated with the firm being reviewed. (2) “Accounting and auditing practice” includes any services that were performed in the prior three years using professional standards defined by the board in regulations. (c) The board shall adopt regulations as necessary to implement, interpret, and make specific the peer review requirements in this section, including, but not limited to, regulations specifying the requirements for board recognition of a peer review program, standards for administering a peer review, extensions of time for fulfilling the peer review requirement, exclusions from the peer review program, and document submission. (d) Nothing in this section shall prohibit the board from initiating an investigation and imposing discipline against a firm or licensee, either as the result of a complaint that alleges violations of statutes, rules, or regulations, or from information contained in a peer review report received by the board. (e) A firm issued a peer reviewed report with a rating of “fail,” as defined by the board in regulation, shall submit a copy of that report to the board. The board shall establish in regulation the time period that a firm must submit the report to the board. This period shall not exceed 60 days from the time the report is accepted by a board-recognized peer review program provider to the date the report is submitted to the board. (f) (1) A board-recognized peer review program provider shall file a copy with the board of all peer review reports issued to California-licensed firms with a rating of “fail.” The board shall establish in regulation the time period that a board-recognized peer review program provider shall file the report with the board. This period shall not exceed 60 days from the time the report is accepted by a board-recognized peer review program provider to the date the report is filed with the board. These reports may be filed with the board electronically. (2) Nothing in this subdivision shall require a board-recognized peer review program provider, when administering peer reviews in another state, to violate the laws of that state. (g) The board shall define a peer review report rating of “fail” in regulation. (h) Any requirements imposed by a board-recognized peer review program on a firm in conjunction with the completion of a peer review shall be separate from, and in addition to, any action by the board pursuant to this section. (i) Any peer review report with a rating of “fail” submitted to the board in conjunction with this section shall be collected for investigatory purposes. (j) Nothing in this section affects the discovery or admissibility of evidence in a civil or criminal action. (k) Nothing in this section requires any firm to become a member of any professional organization. (l) A peer reviewer shall not disclose information concerning licensees or their clients obtained during a peer review, unless specifically authorized pursuant to this section, Section 5076.1, or regulations prescribed by the board. (m) A board-recognized peer review program provider shall utilize a secure web-based application, such as Facilitated State Board Access, to provide the board with objective information and data relating to the progress, participation, and results of a peer review, including peer review reports, peer review status, and correspondence between the board-recognized peer review provider and the firm. (1) Firms shall participate in the secure web-based application utilized by the board-recognized peer review provider. (2) Firms shall authorize the board access to the secure web-based application and authorize the board-recognized peer review program provider to comply with this subdivision. (Amended by Stats. 2024, Ch. 586, Sec. 10. (AB 3251) Effective January 1, 2025.)
  199. 5076.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    The board must appoint a peer review oversight committee, the committee may request information from peer review providers, and committee members serve two-year terms with a maximum of four consecutive terms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5076.1. (a) The board shall appoint a peer review oversight committee of certified public accountants of this state who maintain a license in good standing and who are authorized to practice public accountancy to provide recommendations to the board on any matter upon which it is authorized to act to ensure the effectiveness of mandatory peer review. (b) The committee may request any information from a board-recognized peer review program provider deemed necessary to ensure the provider is administering peer reviews in accordance with the standards adopted by the board in regulations. Failure of a board-recognized peer review program provider to respond to the committee shall result in referral by the committee of the provider to the board for further action. Any information obtained by the board, its representatives, or the peer review oversight committee in conjunction with its review of peer review program providers shall not be a public record, and shall be exempt from public disclosure, provided, however, this information may be disclosed under any of the following circumstances: (1) In connection with disciplinary proceedings of the board. (2) In connection with legal proceedings in which the board is a party. (3) In response to an official inquiry by a federal or state governmental regulatory agency. (4) In compliance with a subpoena or summons enforceable by court order. (5) As otherwise specifically required by law. (c) The members of the committee shall be appointed to two-year terms and may serve a maximum of four consecutive terms. (d) The board may adopt, as necessary, regulations further defining the minimum qualifications for appointment as a committee member and additional administrative elements designed to ensure the effectiveness of mandatory peer review. (Amended by Stats. 2011, Ch. 448, Sec. 9. (SB 543) Effective January 1, 2012.)
  200. 5078.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. )

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    Work in certain accountant offices in California must be supervised by a certified public accountant or public accountant.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 1. Accountants [5000 - 5158] ( Chapter 1 repealed and added by Stats. 1945, Ch. 1353. ) ## ARTICLE 4. Applications, Registrations, Permits Generally [5070 - 5079] ( Article 4 heading repealed and added by Stats. 1959, Ch. 310. ) ## 5078. In each office of a certified public accountant or public accountant in this state which is not under the personal management of such an accountant, respectively, work shall be supervised by a certified public accountant or public accountant. (Added by Stats. 1978, Ch. 92.)

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