Law Changes

• Important SB425 Fact Sheet – Updated 9/4/2020
• 90 day rule FAQ
• AB1651 LEP’s as supervisor’s FAQ
• License Portability FAQ
• AB 630 Requirement to provide notice
• Suicide Training Requirement FAQ

All licensees with an expiration date on or after July 1, 2018 will experience a fee increase upon renewal.  This is a result of the passage of SB 1188 (Chapter 557, Statutes of 2017), and the increased revenue will provide additional funds to the Mental Health Practitioner Education Fund (more info):

• LMFTs: Biennial renewal fee will increase from $140 to $150
• LCSWs: Biennial renewal fee will increase from $110 to $120
• LPCCs: Biennial renewal fee will increase from $175 to $195

Applicants shall meet (each of) the following educational requirements:

• A minimum of two semester units of instruction in the diagnosis, assessment, prognosis, and treatment of mental disorders, including severe mental disorders, evidence-based practices, and promising mental health practices that are evaluated in peer reviewed literature.
• At least one semester unit or 15 hours of instruction in psychological testing AND at least one semester unit or 15 hours of instruction in psychopharmacology.

No applicant shall be deficient (prohibits remediation outside of the applicant’s qualifying degree program) in the required core content areas of:

• Assessment, appraisal, and testing of individuals, as specified.
• Principles of the diagnostic process and the use of diagnostic tools, as specified.

LPCCs shall obtain Board confirmation of qualifications to treat couples and families, and shall provide a copy of this confirmation to:

• 1) Couple or family clients prior to commencement of treatment.
• 2) An associate marriage and family therapist or trainee prior to commencement of supervision.
• 3) Another LPCC or Associate PCC gaining supervised experience to comply with requirements to treat couples or families prior to commencement of supervision.

Applicants who obtained a subsequent (2nd or 3rd) ASW, IMF, or APCC registration anytime during 2016, must pass the California Law and Ethics Exam, in order to renew their registration in 2017.

In addition, on or after January 1, 2017, applicants for subsequent ASW, IMF, or APCC registration must pass the California Law and Ethics Exam, before a subsequent registration may be issued.

For further information regarding pending legislation see California's Legislative Information website, which provides the bill's language, history, status, and analysis as provided by the California State Legislature

BBS Position on Pending Bills

• 2020 Legislation Positions

• 2019
• 2018
• 2017
• 2016
• 2015
• 2014

The following regulations are pending approval from the Office of Administrative Law:

---

Supervision-Related Requirements

This proposal would create consistency in supervisor requirements among license types, set standards for documentation when a supervisor is deceased or becomes incapacitated, require supervisors licensed as a Licensed Marriage and Family Therapist (LMFT), Licensed Educational Psychologist (LEP), Licensed Clinical Social Worker (LCSW) or Licensed Professional Clinical Counselor (LPCC) to notify the Board that they are supervising an Associate Marriage and Family Therapist (AMFT) or MFT Trainee, an Associate Clinical Social Worker (ASW) or Associate Professional Clinical Counselor (APCC) or an applicant for Associate registration, and confirm that they meet the qualifications to supervise.

It would also require supervisors and supervisees to sign a supervision agreement, codify how completed experience hours shall be verified to the Board, require supervisors to address dynamics that could lead to ineffective supervision, address temporary substitute supervisors, modify supervisor training requirements, address supervised experience gained while in a placement by a temporary staffing agency, allow licensees who hold an approved supervisor certification to be exempt from certain supervisor requirements, clarify supervision requirements for experience gained outside of California, and clarify who can supervise the experience required with couples, families or children that is necessary for an LPCC to obtain the “couples and families” specialty designation.

• Regulation Notice
• Initial Statement of Reasons
• Proposed Language

The proposed language contains code sections that pertain to each profession:

Supervisors of APCCs: Sections 1815.8, 1820, 1820.3, 1820.5, 1821, 1821.1, 1821.2, 1821.3 and 1822

Supervisors of AMFTs: Sections 1815.8, 1833, 1833.05, 1833.1, 1833.1.5, 1833.2 and 1834

Supervisors of ASWs: Sections 1815.8, 1869, 1869.3, 1870, 1870.1, 1870.3, 1870.5 and 1871

---

Substantial Relationship and Rehabilitation Criteria (Regulations to Implement AB 2138)

This proposal amends Title 16, California Code of Regulations sections 1812, 1813, 1814, 1888, and 1888.1, and the Board’s “Uniform Standards Related to Substance Abuse and Disciplinary Guidelines (Revised October 2015),” which are incorporated into the Board’s regulations by reference via section 1888.

This proposal makes regulation changes necessary in order to implement AB 2138 (Chapter 995, Statutes of 2018). Beginning July 1, 2020, AB 2138 makes changes to the law regarding when licensing boards can deny, suspend, or revoke a license due to prior convictions or discipline. Proposed changes to the regulations to comply with AB 2138 include modifying the Board’s substantial relationship criteria, which helps the Board evaluate whether a crime or act was substantially related to the professions it regulates, and modifying the Board’s criteria to evaluate the rehabilitation of an individual when considering denying, suspending, or revoking a license or registration.

• Regulation Notice
• Initial Statement of Reasons
• Proposed Language
• 15-Day Notice of Modification to Text of Proposed Regulations - Comment Period March 13-30, 2020
• Modification of Proposed Regulation Text

---

Year	Topic	Documents	Effective Date
2020	Application Abandonment, Examination Rescoring and Subsequent APCC Registration Fee	Regulation Notice Initial Statement of Reasons Proposed Language Final Statement of Reasons Adopted Text	July 1, 2020
2018	Application Processing and Registrant Advertising	Regulation Notice Initial Statement of Reasons Proposed Language Notice of Approval of Regulatory Action Form 400 Final Statement of Reasons Adopted Text	March 14, 2018
2017	English as a Second Language: Additional Examination Time	Regulation Notice Initial Statement of Reason Proposed Language 15-Day Notice of Modification to Text of Proposed Regulations – March 9-24, 2017 Modification of Proposed Regulation Text Supplement to the Initial Statement of Reasons Notice of Approval of Regulatory Action Form 400 Final Statement of Reasons Adopted Text	October 1, 2017
2016	Examination Restructure	Regulation Notice Initial Statement of Reasons Proposed Language 15-Day Notice of Modification to Text of Proposed Regulations: December 4-18, 2015 Modification of Proposed Regulation Text Form 400 Final Statement of Reasons Notice of Approval of Regulatory Action Adopted Text	January 1, 2016
	Licensed Professional Clinical Counselor Treatment of Couples and Families	Regulation Notice Initial Statement of Reason Proposed Language Notice of Approval of Regulatory Action Form 400 Final Statement of Reasons Adopted Text	January 1, 2016
	Standards of Practice for Telehealth	Regulation Notice Initial Statement of Reasons Proposed Language 15-Day Notice of Modification to Text of Proposed Regulations: September 9-24, 2015 Modification of Proposed Regulation Text Notice of Approval of Regulatory Action Form 400 Final Statement of Reasons Adopted Text	July 1, 2016
2015	Uniform Standards Related to Substance Abuse and Disciplinary Guidelines	Regulation Notice Initial Statement of Reasons Proposed Language 15-Day Notice of Modification to Text of Proposed Regulations Modification of Proposed Regulation Text Notice of Approval of Regulatory Action Form 400 Final Statement of Reasons Adopted Text	October 1, 2015
2014	Continuing Education	Regulation Notice Initial Statement of Reasons Proposed Language 15-Day Notice of Modification to Text of Proposed Regulations – July 3-18, 2014 Modification of Proposed Regulation Text plus 3 attachments Notice of Approval of Regulatory Action Form 400 Final Statement of Reasons Adopted Text and Forms	January 1, 2015
2013	Advertising, Supervision, and Continuing Education	Regulation Notice Initial Statement of Reason Proposed Language Notice of Approval of Regulatory Action Form 400 Final Statement of Reasons Adopted Text	April 1, 2013
	Disciplinary Guidelines	Regulation Notice Initial Statement of Reasons Proposed Language 15 Day Notice of Modification to Text of Proposed Regulations Modification of Proposed Regulation Form 400 Final Statement of Reasons Notice of Approval of Regulatory Action Adopted Text	July 1, 2013
	Enforcement Regulations	Regulation Notice Initial Statement of Reason Proposed Language 15 Day Notice of Modification to Text of Proposed Regulations Modification of Proposed Regulation Second 15-Day Notice of Modification to Text of Proposed Regulations – November 15-30, 2012 Second Modification of Proposed Regulations – November 15-30, 2012 Form 400 Final Statement of Reasons Notice of Approval of Regulatory Action Adopted Text
	Marriage and Family Therapist Intern Experience	Regulation Notice Initial Statement of Reason Proposed Language 15-Day Notice of Modification to Text of Proposed Regulations Modification of Proposed Regulation Text Proposed Form 37A-524 (Rev 1/11) Proposed Form 37A-524a (Rev 1/11) Form 400 Final Statement of Reasons Notice of Approval of Regulatory Action Adopted Text	October 1, 2013
2012	No Approved Regulation
2011	Licensed Professional Clinical Counselors and Licensed Educational Psychologist Continuing Education Requirements	Regulation Notice Initial Statement of Reason Proposed Language Proposed Form Changes Proposed Changes to the Disciplinary Guidelines 15 Day Notice of Modification to Text of Proposed Regulation Modification of Proposed Regulation Notice of Approval of Regulatory Action Final Approved Language Explanation of Changes	May 24, 2011
2010	No Approved Regulation
2009	Disciplinary Guidelines Revision	Regulation Notice Proposed Language Proposed Disciplinary Guidelines Pages 1 - 4 Pages 5 - 15 Pages 16 - 30 Initial Statement of Reasons Regulation Hearing - Location Change Explanation of Changes Revised Disciplinary Guidelines Notice of Approval of Regulatory Action	July 3, 2009
	Fingerprint Submission	Regulation Notice Proposed Language Initial Statement of Reasons Regulation Hearing - Location Change Explanation of Changes Notice of Approval of Regulatory Action Final Approved Language	June 19, 2009
	Interim Recognition of Degrees from Institutions Approved by the Bureau for Private Postsecondary and Vocational Education	Comment Period Extended Regulation Notice Proposed Language Initial Statement of Reasons Explanation of Changes Notice of Approval of Regulatory Action	February 27, 2009
2008	Continuing Education Requirements	Regulation Notice Proposed Language Initial Statement of Reasons Notice of Approval of Regulatory Action Explanation of Changes	March 20, 2008
	Requirements for Supervisors	Regulation Notice Proposed Language Initial Statement of Reasons Notice of Modified Text Modified Language Notice of Revised Modified Text Revised Modified Language Notice of Documents Added Responsibility Statement for Supervisors of an Associate Clinical Social Worker Form Responsibility Statement for Supervisors of a Marriage and Family Therapist Trainee or Intern Form Explanation of Changes	January 26, 2008
	Delinquency Fees for Continuing Education Providers	Regulation Notice Proposed Language Initial Statement of Reasons Notice of Modified Text Modified Language Explanation of Changes	January 26, 2008
	Delegation of Authority	Regulation Notice Proposed Language Initial Statement of Reasons Notice of Modified Text Modified Language Notice of General Public Interest	March 20, 2007
	Abandonment of Application Files, Fees, and Technical Cleanup	Regulation Notice Proposed Language Initial Statement of Reasons Notice of Modified Text Modified Language Explanation of Changes	December 30, 2007
2006	Citations and Fines	Regulation Notice Proposed Language Initial Statement of Reasons 15 day Notice Modified Language Final Language
	Changes without Regulatory Effect (Technical or Editorial Changes)	2/21/06 - Final Language 12/18/05 - Final Language 10/20/05 - Final Language 5/25/05 - Final Language
2005	Disciplinary Guidelines	Regulation Notice Proposed Language Initial Statement of Reasons Final Language Disciplinary Guidelines Document	August 21, 2005
2004	Alcoholism and Other Chemical Substance Dependency Training	Regulation Notice Proposed Language Initial Statement of Reasons Final Statement of Reasons Final Language	August 1, 2004
	Restructuring LMFT and LCSW Examination Process	Regulation Notice Proposed Language Initial Statement of Reasons Final Statement of Reasons Final Language	January 1, 2004
2003	Definitions	Regulation Notice Proposed Language Initial Statement of Reasons Final Statement of Reasons Final Language	February 1, 2003
	Child Abuse Assessment: Training Requirements	Regulation Notice Proposed Language Initial Statement of Reasons Final Statement of Reasons Final Language	April 13, 2003
	Unprofessional Conduct	Regulation Notice Proposed Language Initial Statement of Reasons Final Statement of Reasons Addendum to Final Statement of Reasons Final Language	June 26, 2003
2002	Continuing Education: Course Requirements	Regulation Notice Proposed Language Modified Language Initial Statement of Reasons Final Statement of Reasons Final Language	January 1, 2002