SECTIONS 4996-4997.1 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4996-4997.1

4996. (a) Only individuals who have received a license under this
article may style themselves as "Licensed Clinical Social Workers."
Every individual who styles himself or herself or who holds himself
or herself out to be a licensed clinical social worker, or who uses
any words or symbols indicating or tending to indicate that he or she
is a licensed clinical social worker, without holding his or her
license in good standing under this article, is guilty of a
misdemeanor.
(b) It is unlawful for any person to engage in the practice of
clinical social work unless at the time of so doing such person holds
a valid, unexpired, and unrevoked license under this article.
(c) A clinical social worker licensed under this chapter is a
licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that
section.

4996.1. (a) The board shall issue a clinical social worker license
to each applicant who qualifies pursuant to this article and
successfully passes a board-administered written or oral examination
or both examinations. An applicant who has successfully passed a
previously administered written examination may be subsequently
required to take and pass another written examination.
(b) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
(c) This section is repealed as of the January 1 following the
date that it becomes inoperative.

4996.1. (a) The board shall issue a clinical social worker license
to each applicant who qualifies pursuant to this article and
successfully passes both of the following:
(1) The Association of Social Work Boards Clinical Level Exam
administered by the Association of Social Work Boards.
(2) A California jurisprudence and ethics examination
incorporated or developed and administered by the board.
(b) For the purposes of this chapter, the term "examination" or
"examinations" shall include both examinations described in
subdivision (a).
(c) This section shall become operative on January 1, 2014, only
if the board determines by December 1, 2013, by regulation, that the
examination described in paragraph (1) of subdivision (a) meets the
prevailing standards for validation and use of the licensing and
certification tests in California. The board shall immediately post
this determination on the main page of its Internet Web site.

4996.2. Each applicant shall furnish evidence satisfactory to the
board that he or she complies with all of the following requirements:
(a) Is at least 21 years of age.
(b) Has received a master's degree from an accredited school of
social work.
(c) Has had two years of supervised post-master's degree
experience, as specified in Section 4996.23.
(d) Has not committed any crimes or acts constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of any
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
(e) Has completed adequate instruction and training in the subject
of alcoholism and other chemical substance dependency. This
requirement applies only to applicants who matriculate on or after
January 1, 1986.
(f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. This requirement
applies to an applicant who began graduate training during the period
commencing on January 1, 1995, and ending on December 31, 2003. An
applicant who began graduate training on or after January 1, 2004,
shall complete a minimum of 15 contact hours of coursework in spousal
or partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics. Coursework required under this
subdivision may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
This requirement for coursework shall be satisfied by, and the board
shall accept in satisfaction of the requirement, a certification
from the chief academic officer of the educational institution from
which the applicant graduated that the required coursework is
included within the institution's required curriculum for graduation.
(g) Has completed a minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 1807 of Title
16 of the California Code of Regulations. This training or coursework
may be satisfactory if taken either in fulfillment of other
educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 1807.2 of Title 16 of the California Code of Regulations.
This training or coursework may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course.

4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10
Regular Session, becomes operative.
(d) This section is repealed as of the January 1 following the
date that it becomes inoperative.

4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the California jurisprudence and ethics
examination shall be a maximum of one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the California jurisprudence and ethics
examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading that examination and the actual
cost to the board of administering each California jurisprudence and
ethics examination. The California jurisprudence and ethics
examination fees shall be adjusted periodically by regulation to
reflect the actual costs incurred by the board.
(5) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(6) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(7) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(8) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(9) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(10) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.

4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the California jurisprudence and ethics
examination shall be a maximum of one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the California jurisprudence and ethics
examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading that examination and the actual
cost to the board of administering each California jurisprudence and
ethics examination. The California jurisprudence and ethics
examination fees shall be adjusted periodically by regulation to
reflect the actual costs incurred by the board.
(5) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(6) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(7) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(8) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(9) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(10) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(11) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall become operative on the date that Section
4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10
Regular Session, becomes operative.

4996.4. (a) An applicant who fails a standard or clinical vignette
written examination may within one year from the notification date of
failure, retake that examination as regularly scheduled, without
further application, upon payment of the required examination fees.
Thereafter, the applicant shall not be eligible for further
examination until he or she files a new application, meets all
current requirements, and pays all required fees.
(b) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
(c) This section is repealed as of the January 1 following the
date that it becomes inoperative.

4996.4. (a) An applicant who fails the examination may within one
year from the notification date of failure, retake that examination
as regularly scheduled, without further application, upon payment of
the required examination fees. Thereafter, the applicant shall not be
eligible for further examination until he or she files a new
application, meets all current requirements, and pays all required
fees.
(b) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.

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.

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 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 examination eligibility.
(3) He or she takes and passes the current licensing examinations.
(4) He or she submits the fees for examination eligibility and for
initial license issuance.

4996.65. In addition to the fees charged pursuant to Section 4996.6
for the biennial renewal of a license, the board shall collect an
additional fee of ten dollars ($10) 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.

4996.7. A licensee shall display his or her license in a
conspicuous place in the licensee's primary place of practice.

4996.8. The current renewal receipt shall be displayed near the
license.

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; or doing research related to social work.
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, 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.

4996.10. The provisions of this article shall be construed only as
provisions relating to the examination and licensing of clinical
social workers.

4996.11. The board may suspend or revoke the license of any person
who is guilty on the grounds set forth in Section 4992.3. The
proceedings for the suspension or revocation of licenses under this
article shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all the powers granted in
that chapter.

4996.12. Any person who violates this chapter shall be guilty of a
misdemeanor punishable by imprisonment in the county jail not
exceeding a period of six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both.

4996.13. Nothing in this article shall prevent qualified members of
other professional groups from doing work of a psychosocial nature
consistent with the standards and ethics of their respective
professions. However, they shall not hold themselves out to the
public by any title or description of services incorporating the
words psychosocial, or clinical social worker, or that they shall not
state or imply that they are licensed to practice clinical social
work. These qualified members of other professional groups include,
but are not limited to, the following:
(a) A physician and surgeon certified pursuant to Chapter 5
(commencing with Section 2000).
(b) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900).
(c) Members of the State Bar of California.
(d) Marriage and family therapists licensed pursuant to Chapter 13
(commencing with Section 4980).
(e) A priest, rabbi, or minister of the gospel of any religious
denomination.

4996.14. (a) This chapter shall not apply to an employee who is
working in any of the following settings if his or her work is
performed solely under the supervision of the employer:
(1) A governmental entity.
(2) A school, college, or university.
(3) An institution that is both nonprofit and charitable.
(b) This chapter shall not apply to a volunteer who is working in
any of the settings described in subdivision (a) if his or her work
is performed solely under the supervision of the entity, school,
college, university, or institution.
(c) This chapter shall not apply to a person using hypnotic
techniques by referral from any of the following persons if his or
her practice is performed solely under the supervision of the
employer:
(1) A person licensed to practice medicine.
(2) A person licensed to practice dentistry.
(3) A person licensed to practice psychology.
(d) This chapter shall not apply to a person using hypnotic
techniques that offer vocational self-improvement, and the person is
not performing therapy for emotional or mental disorders.

4996.15. Nothing in this article shall restrict or prevent
activities of a psychosocial nature on the part of persons employed
by accredited academic institutions, public schools, government
agencies, or nonprofit institutions engaged in the training of
graduate students or social work interns pursuing the course of study
leading to a master's degree in social work in an accredited college
or university, or working in a recognized training program, provided
that these activities and services constitute a part of a supervised
course of study and that those persons are designated by such titles
as social work interns, social work trainees, or other titles
clearly indicating the training status appropriate to their level of
training. The term "social work intern," however, shall be reserved
for persons enrolled in a master's or doctoral training program in
social work in an accredited school or department of social work.

4996.16. Nothing in this chapter shall apply to any clinical social
worker from outside this state, when in actual consultation with a
licensed practitioner of this state, or when an invited guest of a
professional association, or of an educational institution for the
sole purpose of engaging in professional education through lectures,
clinics, or demonstrations, if he or she is at the time of the
consultation, lecture, or demonstration licensed to practice clinical
social work in the state or country in which he or she resides.
These clinical social workers shall not open an office or appoint a
place to meet clients or receive calls from clients within the limits
of this state.

4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes the board administered
licensing examinations as specified in Section 4996.1 and pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, holds a valid, active clinical social work license
issued by a board of clinical social work examiners or a
corresponding authority of any state, if the person has held that
license for at least four years immediately preceding the date of
application, the person passes the board administered licensing
examinations as specified in Section 4996.1, and the person pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(d) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of Assembly Bill No. 2167 of the
2009-10 Regular Session, becomes operative.
(e) This section is repealed as of the January 1 following the
date that it becomes inoperative.

4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes or has passed the
examinations as specified in Section 4996.1 and pays the required
fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, has held a valid, active clinical social work license
for a minimum of four years, issued by a board of clinical social
work examiners or a corresponding authority of any state, if the
person passes or has passed the examinations as specified in Section
4996.1 and pays the required fees. Issuance of the license is
conditioned upon all of the following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(d) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.

4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes or has passed the
examinations as specified in Section 4996.1 and pays the required
fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, holds a valid, active clinical social work license
issued by a board of clinical social work examiners or a
corresponding authority of any state, if the person has held that
license for at least four years immediately preceding the date of
application, the person passes or has passed the examinations as
specified in Section 4996.1, and the person pays the required fees.
Issuance of the license is conditioned upon all of the following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(d) This section shall become operative on the date that Section
4996.1, as added by Section 4 of Assembly Bill No. 2167 of the
2009-10 Regular Session, becomes operative.

4996.18. (a) A person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board.
(b) An applicant for registration shall satisfy the following
requirements:
(1) Possess a master's degree from an accredited school or
department of social work.
(2) Have committed no crimes or acts constituting grounds for
denial of licensure under Section 480.
(c) An applicant who possesses a master's degree from a school or
department of social work that is a candidate for accreditation by
the Commission on Accreditation of the Council on Social Work
Education shall be eligible, and shall be required, to register as an
associate clinical social worker in order to gain experience toward
licensure if the applicant has not committed any crimes or acts that
constitute grounds for denial of licensure under Section 480. That
applicant shall not, however, be eligible for examination until the
school or department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.
(d) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
(e) An applicant who possesses a master's degree from an
accredited school or department of social work shall be able to apply
experience the applicant obtained during the time the accredited
school or department was in candidacy status by the Commission on
Accreditation of the Council on Social Work Education toward the
licensure requirements, if the experience meets the requirements of
Section 4996.23. This subdivision shall apply retroactively to
persons who possess a master's degree from an accredited school or
department of social work and who obtained experience during the time
the accredited school or department was in candidacy status by the
Commission on Accreditation of the Council on Social Work Education.
(f) An applicant for registration or licensure trained in an
educational institution outside the United States shall demonstrate
to the satisfaction of the board that he or she possesses a master's
of social work degree that is equivalent to a master's degree issued
from a school or department of social work that is accredited by the
Commission on Accreditation of the Council on Social Work Education.
These applicants shall provide the board with a comprehensive
evaluation of the degree and shall provide any other documentation
the board deems necessary. The board has the authority to make the
final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements regardless of
evaluation or accreditation.
(g) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
(h) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.

4996.19. Nothing in this article shall prohibit the acts or
practices of a licensed clinical social workers' corporation duly
certificated pursuant to the Moscone-Knox Professional Corporation
Act, as contained in Part 4 (commencing with Section 13400) of
Division 3 of Title 1 of the Corporations Code and Article 5
(commencing with Section 4998), when the corporation is in compliance
with (a) the Moscone-Knox Professional Corporation Act; (b) Article
5 (commencing with Section 4998); and (c) all other statutes and all
rules and regulations now or hereafter enacted or adopted pertaining
to the corporation and the conduct of its affairs.

4996.22. (a) (1) Except as provided in subdivision (c), 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 he or she 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 prior to 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, he or she 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 prior to the operative date of this section or proof
of equivalent teaching or practice experience may be submitted to
the board and at its discretion, may be accepted in satisfaction of
this requirement. Continuing education courses taken pursuant to this
paragraph shall be applied to the 36 hours of approved continuing
education required under paragraph (1).
(b) 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.
(c) The board may establish exceptions from the continuing
education requirement of this section for good cause as defined by
the board.
(d) 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) Other continuing education providers, including, but not
limited to, a professional social work association, a licensed health
facility, a governmental entity, a continuing education unit of an
accredited four-year institution of higher learning, and a mental
health professional association, approved by the board.
(e) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (d), 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 the requirements of this section or any
regulation adopted pursuant to this section.
(f) 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.
(g) 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.
(h) 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.
(i) The board may adopt regulations as necessary to implement this
section.
(j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Science Examiners Fund. The fees related
to the administration of this section shall be sufficient to meet,
but shall not exceed, the costs of administering the corresponding
provisions of this section. For purposes of this subdivision, a
provider of continuing education as described in paragraph (1) of
subdivision (d) shall be deemed to be an approved provider.

4996.23. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of post-master's degree
supervised experience providing clinical social work services as
permitted by Section 4996.9. 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 licensed mental health professional acceptable to
the board as defined by a regulation adopted by the board. This
experience shall consist of the following:
(1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy or counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Of the 2,000 clinical hours required in paragraph (1), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.
(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 filed.
(5) Experience shall not be credited for more than 40 hours in any
week.
(b) "Supervision" means responsibility for, and control of, the
quality of clinical social work services being provided. Consultation
or peer discussion shall not be considered to be supervision.
(c) (1) Prior to the commencement of supervision, a supervisor
shall comply with all requirements enumerated in Section 1870 of
Title 16 of the California Code of Regulations and shall sign under
penalty of perjury the "Responsibility Statement for Supervisors of
an Associate Clinical Social Worker" form.
(2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. For purposes of
this subdivision, "one hour of direct supervisor contact" means one
hour per week of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group conducted within the same
week as the hours claimed.
(3) An associate shall receive at least one additional hour of
direct supervisor contact for every week in which more than 10 hours
of face-to-face psychotherapy is performed in each setting in which
experience is gained. No more than five hours of supervision, whether
individual or group, shall be credited during any single week.
(4) Group supervision shall be provided in a group of not more
than eight supervisees and shall be provided in segments lasting no
less than one continuous hour.
(5) Of the 104 weeks of required supervision, 52 weeks shall be
individual supervision, and of the 52 weeks of required individual
supervision, not less than 13 weeks shall be supervised by a licensed
clinical social worker.
(6) Notwithstanding paragraph (2), an associate clinical social
worker working for a governmental entity, school, college, or
university, or an institution that is both a nonprofit and charitable
institution, may obtain the required weekly direct supervisor
contact via live two-way videoconferencing. The supervisor shall be
responsible for ensuring that client confidentiality is preserved.
(d) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the initial
original supervisory plan upon application for licensure.
(e) 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.
(f) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
(g) Employment in a private practice as defined in subdivision (h)
shall not commence until the applicant has been registered as an
associate clinical social worker.
(h) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed physician and surgeon,
or a professional corporation of any of those licensed professions.
(i) If volunteering, the associate shall provide the board with a
letter from his or her employer verifying his or her voluntary status
upon application for licensure.
(j) If employed, the associate shall provide the board with copies
of his or her W-2 tax forms for each year of experience claimed upon
application for licensure.
(k) While an associate may be either a paid employee or volunteer,
employers are encouraged to provide fair remuneration to associates.
(l) An associate shall not do the following:
(1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(2) Have any proprietary interest in the employer's business.
(3) Lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of his or her
employer.
(m) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate's employer if
that person has signed a written agreement with the employer to take
supervisory responsibility for the associate's social work services.
(n) Notwithstanding any other provision of law, associates and
applicants for examination shall receive a minimum of one hour of
supervision per week for each setting in which he or she is working.

4996.24. (a) A licensee in private practice who has satisfied the
requirements of Section 1870 of Title 16 of the California Code of
Regulations may supervise or employ, at any one time, no more than a
total of two individuals registered as either a marriage and family
therapist intern or associate clinical social worker in that private
practice.
(b) A licensed clinical social workers' corporation may employ, at
any one time, no more than a total of two individuals registered as
either a marriage and family therapist intern or associate clinical
social worker for each employee or shareholder who has satisfied the
requirements of Section 1870 of Title 16 of the California Code of
Regulations.
(c) In no event shall any corporation employ, at any one time,
more than a total of 10 individuals registered as either a marriage
and family therapist intern or associate clinical social worker. In
no event shall any supervisor supervise, at any one time, more than a
total of two individuals registered as either a marriage and family
therapist intern or associate clinical social worker. Persons who
supervise individuals registered as either a marriage and family
therapist intern or associate clinical social worker shall be
employed full time by the professional corporation and shall be
actively engaged in performing professional services at and for the
professional corporation. Employment and supervision within the
licensed clinical social workers' corporation shall be subject to all
laws and regulations governing experience and supervision gained in
a private practice setting.

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.

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.

4996.28. (a) Registration as an associate clinical social worker
shall expire one year from the last day of the month during which it
was issued. To renew a registration, the registrant shall, on or
before the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken by a regulatory or licensing board
in this or any other state, subsequent to the last renewal of the
registration.
(b) A registration as an associate clinical social worker may be
renewed a maximum of five times. When no further renewals are
possible, an applicant may apply for and obtain a new associate
clinical social worker registration if the applicant meets all
requirements for registration in effect at the time of his or her
application for a new associate clinical social worker registration.
An applicant issued a subsequent associate registration pursuant to
this subdivision may be employed or volunteer in any allowable work
setting except private practice.

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.

4997.1. (a) The board shall issue, upon application 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 capable of being renewed and whose license is not suspended,
revoked, or otherwise punitively restricted by the board or subject
to disciplinary action under this chapter.
(b) 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.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to active
status his or her license to practice clinical social work if that
retired license was issued less than five years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in
Section 4996.22.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4996.22.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section
4996.22.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice clinical social work if that
retired license was issued five or more years prior to the
application date, and the applicant meets all of the following
requirements:
(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 by the board in regulation.