2005 California Business and Professions Code Sections 4996-4997 Article 4. Clinical Social Workers

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.  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.
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 4996.20, 4996.21, or 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) Each application for the standard written examination
received on or after January 1, 1999, shall be accompanied by an
application fee of one hundred dollars ($100) and a fee of up to one
hundred fifty dollars ($150), including the standard written
examination fee and related administrative costs for the standard
written examination.  After successfully passing the standard written
examination, each applicant shall submit one hundred dollars ($100)
for the clinical vignette written examination.  Applicants failing to
appear for any examination, once having been scheduled, shall
forfeit any examination fees paid.  Effective January 1, 2005, the
examination fees for the standard written and clinical vignette
written examinations shall be based on the actual cost to the board
of developing, purchasing, and grading of each examination, plus 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.
   (b) The fee for rescoring any written examination shall be twenty
dollars ($20).
   (c) The fee for issuance of the initial license shall be a maximum
of one hundred fifty-five dollars ($155).
   (d) With regard to all license, examination, and other fees, the
board shall establish fee amounts at or below the maximum amounts
specified in this chapter.
4996.4.  Notwithstanding Section 4996.3, an applicant who has failed
any standard or clinical vignette written examination may apply for
reexamination upon payment of the fee of up to one hundred fifty
dollars ($150) including the examination fee and related
administrative costs.  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 fees required.
Applicants failing to appear for reexamination, once having been
scheduled, shall forfeit any reexamination fees paid.
4996.5.  The board shall issue a license to each applicant meeting
the requirements of this article, which license, so long as the
annual 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) The renewal fee for licenses that expire on or after
January 1, 1996, shall be a maximum of one hundred fifty-five dollars
($155) and shall be collected on a biennial basis by the board in
accordance with Section 152.6.  The fees shall be deposited in the
State Treasury to the credit of the Behavioral Sciences Fund.
   (b) 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.
   (c) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, do 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 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.
   (d) If the license is renewed after its expiration, the licensee
shall, as a condition precedent to renewal, also pay a delinquency
fee of seventy-five dollars ($75).
   (e) Any person who permits his or her license to become delinquent
may have it restored at any time within five years after its
expiration upon the payment of all fees that he or she would have
paid if the license had not become delinquent, plus the payment of
all delinquency fees.
   (f) A license that is not renewed within five 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:
   (1) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
   (2) He or she pays the fees that would be required if he or she
were applying for a license for the first time.
   (3) He or she takes and passes the current licensing examinations
as specified in Section 4996.1.
   (g) The fee for issuance of any replacement registration, license,
or certificate shall be twenty dollars ($20).
   (h) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
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.  Nothing in this chapter shall restrict or prevent
activities of a psychosocial nature or the use of the official title
of the position for which they are employed on the part of the
following persons, if those persons are performing those activities
as part of the duties for which they are employed or solely within
the confines or under the jurisdiction of the organization in which
they are employed.  However, they shall not offer to render clinical
social work services, as defined in Section 4996.9, to the public for
a  fee, monetary or otherwise, over and above the salary they
receive for the performance of their official duties with the
organization in which they are employed.
   (a) Persons employed by the United States Department of Health and
Human Services.
   (b) Persons employed in family or children services agencies.
   (c) Individuals employed in proprietary or nonproprietary private
psychiatric clinics.
   (d) Individuals employed in accredited colleges, junior colleges,
or universities.
   (e) Individuals employed in federal, state, county or municipal
governmental organizations, or nonprofit organizations which are
engaged in research, education, and services which services are
defined by a board composed of community representatives and
professionals.
   (f) Persons utilizing hypnotic techniques by referral from persons
licensed to practice medicine, dentistry, or psychology, or persons
utilizing hypnotic techniques which offer avocational or vocational
self-improvement and do not offer 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.  The board may issue
a license to any person who, at the time of application, has held a
valid license, issued by a board of clinical social work examiners or
corresponding authority of any state, for two years if the education
and supervised experience requirements are substantially the
equivalent of this chapter and the person successfully completes the
board administered licensing examinations as specified in Section
4996.1 and pays the required fees.  Issuance of the license is
conditioned upon the person's completion of the following coursework
and training:
   (1) 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.
   (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 minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
   (4) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention.  This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
   (B) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
   (5) With respect to paragraphs (2), (3), and (4), the board may
accept training or coursework acquired out of state.
   (b) A person who qualifies for licensure based on experience
gained outside California may apply for and receive an associate
registration to practice clinical social work.
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 and
shall be accompanied by a fee of seventy-five dollars ($75).  An
applicant for registration shall (1) possess a master's degree from
an accredited school or department of social work, and (2) not have
committed any crimes or acts constituting grounds for denial of
licensure under Section 480.  On and after January 1, 1993, 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.
   (b) Registration as an associate clinical social worker shall
expire one year from the last day of the month during which it was
issued.  A registration may be renewed annually after initial
registration by filing on or before the date on which the
registration expires, an application for renewal, paying a renewal
fee of seventy-five dollars ($75), and notifying 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 any regulatory or licensing board in this or any other
state, subsequent to the issuance of the initial registration or
registrant's last renewal.  Each person who registers or has
registered as an associate clinical social worker, may retain that
status for a total of six years.
   (c) Notwithstanding the limitations on the length of an associate
registration in subdivision (b), an associate may apply for, and the
board shall grant, one-year extensions beyond the six-year period
when no grounds exist for denial, suspension, or revocation of the
registration pursuant to Section 480.  An associate shall be eligible
to receive a maximum of three one-year extensions.  An associate who
practices pursuant to an extension shall not practice independently
and shall comply with all requirements of this chapter governing
experience, including supervision, even if the associate has
completed the hours of experience required for licensure.  Each
extension shall commence on the date when the last associate renewal
or extension expires.  An application for extension shall be made on
a form prescribed by the board and shall be accompanied by a renewal
fee of fifty dollars ($50).  An associate who is granted this
extension may work in all work settings authorized pursuant to this
chapter.
   (d) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
   (e) 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.
   (f) 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.
   (g) 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 4996.20, 4996.21, or 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.
   (h) 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.
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.
4996.20.  The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
   (a) An applicant shall have at least 3,200 hours of post-master's
experience, supervised by a licensed clinical social worker, in
providing clinical social work services consisting of psychosocial
diagnosis; assessment; treatment, including psychotherapy and
counseling; client-centered advocacy; consultation; and evaluation as
permitted by Section 4996.9.  For persons applying for licensure on
or after January 1, 1992, this experience shall have been gained in
not less than two nor more than six years and shall have been gained
within the six years immediately preceding the date on which the
application for licensure was filed.
   (b) Notwithstanding the requirements of subdivision (a) that 3,200
hours of experience shall be gained under the supervision of a
licensed clinical social worker, up to 1,000 hours of the required
experience may be gained under the supervision of a licensed mental
health professional acceptable to the board.
   For purposes of this section, "supervision" means responsibility
for and control of the quality of social work services being
provided.  Consultation shall not be considered to be supervision.
Supervision shall include at least one hour of direct supervision for
each week of experience claimed.  Not less than one-half of the
hours of required supervision shall be individual supervision.  The
remaining hours may be group supervision.  "Individual supervision"
means one supervisor meets with one supervisee at a time.  "Group
supervision" means a supervisor meets with a group of no more than
eight supervisees at a time.
   (c) For purposes of this section, a "private practice setting" is
any setting other than a governmental entity, a school, college or
university, a nonprofit and charitable corporation or a licensed
health facility.  Employment in a private practice setting shall not
commence until the applicant has been registered as an associate
clinical social worker.  A registrant employed in a private practice
setting shall not:
   (1) Pay his or her employer for supervision, and shall receive
fair remuneration from his or her employer.
   (2) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
   (3) Perform services at any place except where the registrant's
employer regularly conducts business.
   (4) Have any proprietary interest in the employer's business.
   (d) A person employed in a setting other than a private practice
setting may obtain supervision from a person not employed by the
registrant's employer if that person has signed a written contract
with the employer to take supervisory responsibility for the
registrant's social work services.
   (e) This section shall apply only to persons who apply for
registration on or before December 31, 1998.
4996.21.  The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
   (a) On or after January 1, 1999, an associate shall have at least
3,200 hours of post-master's degree experience in providing clinical
social work services as permitted by Section 4996.9.  At least 1,700
of these hours shall be gained under the supervision of a licensed
clinical social worker.  The remaining hours of the required
experience may be gained under the supervision of a licensed mental
health professional acceptable to the board as defined in a
regulation adopted by the board.  Experience shall consist of the
following:
   (1) A minimum of 2,000 hours in 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) Experience shall have been gained in not less than two nor
more than six years and shall have been gained within the six years
immediately preceding the date on which the application for licensure
was filed.
   (b) Supervision means responsibility for and control of the
quality of clinical social work services being provided.
   (c) Consultation or peer discussion shall not be considered to be
supervision.
   (d) Supervision shall include at least one hour of direct
supervisor contact for  a minimum of 104 weeks and shall include at
least one hour of direct supervisor contact for every 10 hours of
client contact in each setting where experience is gained.  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.  For purposes of this section, "one hour of direct
supervisor contact" means one hour of face-to-face contact on an
individual basis or two hours of face-to-face contact in a group
setting of not more than eight persons.
   (e) 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.
   (f) (1) Experience shall only be gained in a setting that meets
both of the following:
   (A) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
   (B) 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.
   (2) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
   (3) Employment in a private practice as defined in paragraph (4)
shall not commence until the applicant has been registered as an
associate clinical social worker.
   (4) 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.
   (5) 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.
   (6) 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.
   (g) While an associate may be either a paid employee or a
volunteer, employers are encouraged to provide fair remuneration to
associates.
   (h) 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.
   (i) 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.
4996.22.  (a) (1) Except as provided in subdivision (c), on and
after January 1, 2000, 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) For those persons renewing during 1999, 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 18 hours of approved continuing
education in or relevant to the field of social work, as determined
by the board.  The coursework of continuing education described in
this paragraph may be taken on or after the effective date of the
continuing education regulations adopted by the board pursuant to the
other provisions of this section.
   (3) 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
4990.4, 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.
   (3) 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), 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.
   (e) 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.
   (f) 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.
   (g) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
   (h) The board may adopt regulations as necessary to implement this
section.
   (i) On and after January 1, 1997, 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.
   (j) This section shall become operative on January 1, 2004.
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.  In addition,
an associate shall receive an average of at least one hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting experience is
gained.  No more than five hours of supervision, whether individual
or group, shall be credited during any single week.  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.
For purposes of this section, "one hour of direct supervisor contact"
means one hour of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group of not more than eight
persons receiving supervision.
   (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) Associates 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.
   (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.
4996.25.  (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.
   (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.
   (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.
4997.  A licensed clinical social worker 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 pay a biennial fee of
half of the active renewal fee and shall be exempt from continuing
education requirements specified in Section 4996.22, but shall
otherwise be subject to this chapter and shall not engage in the
practice of licensed clinical social work in this state.  A licensee
on inactive status who has not committed any acts or crimes
constituting grounds for denial of licensure may, upon his or her
request, have  his or her license to practice licensed clinical
social work placed on active status.   A licensee requesting his or
her license to be placed on active status between renewal cycles
shall pay the remaining half of the renewal fee.   A licensee
requesting to reactivate from an inactive status whose license will
expire less than one year from the date of the request shall be
required to complete 18 hours of continuing education for license
renewal.  A licensee requesting to reactivate from an inactive status
whose license will expire more than one year from the date of the
request shall be required to complete 36 hours of continuing
education for license renewal.