Section § 4992

Explanation

If you want to apply for a license under this chapter, you need to submit an application to the board along with the required application and examination fees. Your application should show that you meet all the qualifications needed to take the examination.

(a)CA Business & Professions Code § 4992(a) Every applicant for a license under this chapter shall file an application with the board accompanied by the application fee prescribed by this chapter. Every application shall also be accompanied by the applicable examination fee prescribed by this chapter.
(b)CA Business & Professions Code § 4992(b) The application shall contain information showing that the applicant has all the qualifications required by the board for admission to an examination.

Section § 4992.1

Explanation

This section outlines the rules for taking exams to become a licensed clinical social worker in California. Only qualified individuals can take the exam, and every applicant granted a license must be examined. The board can destroy exam materials after two years. Applicants with complete applications cannot have their exams delayed due to complaints or investigations, but a license won't be given until investigations are finished. If someone fails an exam, they may be prevented from retaking it while under investigation. Additionally, applicants must pass the clinical exam within seven years or complete the law and ethics exam again. A passing score remains valid for seven years.

(a)CA Business & Professions Code § 4992.1(a) Only individuals who have the qualifications prescribed by the board under this chapter are eligible to take an examination under this chapter.
(b)CA Business & Professions Code § 4992.1(b) Every applicant who is issued a clinical social worker license shall be examined by the board.
(c)CA Business & Professions Code § 4992.1(c) Notwithstanding any other provision of law, the board may destroy all examination materials two years following the date of an examination.
(d)CA Business & Professions Code § 4992.1(d) The board shall not deny any applicant, whose application for licensure is complete, admission to the clinical examination, nor shall the board postpone or delay any applicant’s clinical examination, solely upon the receipt by the board of a complaint alleging acts or conduct that would constitute grounds to deny licensure.
(e)CA Business & Professions Code § 4992.1(e) If an applicant for examination who has passed the California law and ethics examination is the subject of a complaint or is under board investigation for acts or conduct that, if proven to be true, would constitute grounds for the board to deny licensure, the board shall permit the applicant to take the clinical examination for licensure, but may notify the applicant that licensure will not be granted pending completion of the investigation.
(f)CA Business & Professions Code § 4992.1(f) Notwithstanding Section 135, the board may deny any applicant who has previously failed either the California law and ethics examination or the clinical examination permission to retake either examination pending completion of the investigation of any complaint against the applicant. Nothing in this section shall prohibit the board from denying an applicant admission to any examination, or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Section 11503 or 11504 of the Government Code, or the applicant has been denied in accordance with subdivision (b) of Section 485.
(g)CA Business & Professions Code § 4992.1(g) An applicant shall not be eligible to participate in the clinical examination if the applicant fails to obtain a passing score on the clinical examination within seven years from their initial attempt, unless the applicant takes and obtains a passing score on the current version of the California law and ethics examination.
(h)CA Business & Professions Code § 4992.1(h) A passing score on the clinical examination shall be accepted by the board for a period of seven years from the date the examination was taken.

Section § 4992.2

Explanation

This section describes what counts as 'advertising' under this chapter. It covers nearly any form of public communication, including notices in public places, printed materials, and published content like newspapers and magazines. However, signs inside religious buildings and certain announcements to church congregations do not count as advertising.

“Advertising,” as used in this chapter, includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as advertising within the meaning of this chapter.

Section § 4992.3

Explanation

This law explains that the board overseeing licensing can deny, suspend, or revoke a license or registration if someone is found guilty of "unprofessional conduct." This includes being convicted of relevant crimes, lying on an application, abusing drugs or alcohol, gross negligence, violating professional boundaries, and more. It also covers improper behavior like confidentiality breaches, misleading advertising, and failing to report child or elder abuse. Sexual misconduct, particularly with minors, is highlighted as a serious offense leading to automatic license action. Overall, the focus is on ensuring that licensees conduct themselves ethically and competently.

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

Section § 4992.4

Explanation

This law states that if a license is going to be suspended or revoked, the process should follow specific procedures outlined in another part of the law, specifically starting at Section 11500. The board responsible for this process has all the authority given under those procedures.

The proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.

Section § 4992.05

Explanation

If you're applying to become a licensed clinical social worker in California, you need to pass two exams: one on California law and ethics and another clinical exam. When you first register as an associate clinical social worker, you must take the law and ethics exam within your first year. You can only take the clinical exam after completing your education, passing the law and ethics exam, and finishing all required supervised work experience.

(a)CA Business & Professions Code § 4992.05(a) A registrant or an applicant for licensure as a clinical social worker shall pass the following two examinations as prescribed by the board:
(1)CA Business & Professions Code § 4992.05(a)(1) A California law and ethics examination.
(2)CA Business & Professions Code § 4992.05(a)(2) A clinical examination.
(b)CA Business & Professions Code § 4992.05(b) Upon registration with the board, an associate clinical social worker registrant, within the first year of registration, shall take an examination on California law and ethics.
(c)CA Business & Professions Code § 4992.05(c) A registrant or an applicant for licensure may take the clinical examination only upon meeting all of the following requirements:
(1)CA Business & Professions Code § 4992.05(c)(1) Completion of all education requirements.
(2)CA Business & Professions Code § 4992.05(c)(2) Passage of the California law and ethics examination.
(3)CA Business & Professions Code § 4992.05(c)(3) Completion of all required supervised work experience.

Section § 4992.5

Explanation

This part of the law says that exams can be scheduled whenever and wherever the board wants, but they must hold at least one exam every year. Also, the board can work with outside organizations to get the exam materials they need.

Examinations may be held at those times and places as the board may determine. However, one examination shall be held during each calendar year.
The board may make arrangements with organizations furnishing examination materials as it may deem desirable.

Section § 4992.07

Explanation

This law explains the examination requirements for applicants seeking licensure. If you've previously passed the written exam but failed the clinical vignette exam, you need to pass the clinical exam. If you failed the written exam before, you must now pass both the California law and ethics exam and the clinical exam. If you're eligible for the written exam, you also need to take the California law and ethics exam and the clinical exam. These rules have been in effect since January 1, 2016.

(a)CA Business & Professions Code § 4992.07(a) An applicant who had previously taken and passed the standard written examination but had not passed the clinical vignette examination shall also obtain a passing score on the clinical examination in order to be eligible for licensure.
(b)CA Business & Professions Code § 4992.07(b) An applicant who had previously failed to obtain a passing score on the standard written examination shall obtain a passing score on the California law and ethics examination and the clinical examination.
(c)CA Business & Professions Code § 4992.07(c) An applicant who had obtained eligibility for the standard written examination shall take the California law and ethics examination and the clinical examination.
(d)CA Business & Professions Code § 4992.07(d) This section shall become operative on January 1, 2016.

Section § 4992.7

Explanation
If someone knowingly lies or pretends to be someone else, or helps someone else pretend to be them, during an application or exam process, they're committing a misdemeanor, which is a type of crime.
Every person who willfully makes any false statement or who impersonates any other person or permits or aids any other person to impersonate him or her in connection with any application or examination is guilty of a misdemeanor.

Section § 4992.8

Explanation

If you have a professional license or registration and change your name, you must notify the relevant board in writing within 30 days after getting a new photo ID with your new name. You need to include both your old and new names, sign the notice to confirm it's correct, and attach a copy of your new ID and the legal document that proves your name change, like a court order or marriage certificate.

A licensee or registrant shall give written notice to the board of a name change, giving both the old and new names. The written notice shall be submitted to the board within 30 days of the issuance of a new government-issued photographic identification. The licensee or registrant shall certify the information is correct by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice:
(a)CA Business & Professions Code § 4992.8(a) A current government-issued photographic identification.
(b)CA Business & Professions Code § 4992.8(b) The legal document authorizing the name change, such as a court order or a marriage certificate.

Section § 4992.09

Explanation

To get a license, applicants and registrants must pass a California law and ethics test. Registrants need to take this test before renewing their registration. If someone doesn't pass, they can retake it by paying a fee, without needing to apply again. The board won't give a new registration number until a person passes the test. Registrants must also take at least three hours of ongoing education in California law and ethics for each renewal period, even if they have already passed the test. This education must come from approved providers.

(a)CA Business & Professions Code § 4992.09(a) Except as provided in subdivision (a) of Section 4992.07, an applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure.
(b)CA Business & Professions Code § 4992.09(b) A registrant shall participate in a board-administered California law and ethics examination before their registration renewal.
(c)CA Business & Professions Code § 4992.09(c) If an applicant fails the California law and ethics examination, they may retake the examination, upon payment of the required fees, without further application.
(d)CA Business & Professions Code § 4992.09(d) The board shall not issue a subsequent registration number unless the applicant has passed the California law and ethics examination.
(e)CA Business & Professions Code § 4992.09(e) A registrant shall complete a minimum of three hours of continuing education in the subject of California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination. The coursework shall be obtained from a board-accepted provider of continuing education, as specified in Section 4996.22.

Section § 4992.10

Explanation

If you're a licensed clinical social worker and you own a business with a made-up or 'fictitious' name, that name must not be false or tricky. Before starting any treatment, you must also let your patients know who owns the practice and their professional qualifications.

A licensed clinical social worker who owns a business using a fictitious business name shall not use a name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice.

Section § 4992.31

Explanation

This law requires anyone applying to become a licensed clinical social worker or registering as an associate clinical social worker in California to undergo a criminal history background check using their fingerprints. The Board of Behavioral Sciences must send the fingerprint and related information to the Department of Justice. The DOJ will then provide a background check response covering both state and federal levels.

(a)CA Business & Professions Code § 4992.31(a) The Board of Behavioral Sciences shall require an applicant for clinical social work licensure or registration as an associate clinical social worker, as defined in Sections 4996, 4996.9, and 4996.18, to undergo a fingerprint-based state and national criminal history background check, pursuant to Section 144.
(b)CA Business & Professions Code § 4992.31(b) The board shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

Section § 4992.33

Explanation

This law states that if a licensed professional is found to have engaged in sexual contact with a current or former patient—where the relationship was ended mainly to engage in sexual activity—their license will be automatically revoked. This decision is made through a specific legal process, and the revocation cannot be paused or delayed by any judge or board.

The board shall revoke any license issued under this chapter upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 729, when that act is with a patient, or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board.

Section § 4992.35

Explanation

This law allows the board to deny a professional registration or license if there's a concern that the applicant might not be able to practice safely due to mental illness or substance abuse issues. There are specific procedures the board must follow, outlined in another part of the law, when denying the license based on these concerns.

The board may refuse to issue any registration or license whenever it appears that an applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any denial of a license or registration pursuant to this section.

Section § 4992.36

Explanation

This law allows the board to deny, suspend, or revoke licenses for clinical social work or related professions if there has been previous disciplinary action from another state or agency. If a licensed professional has faced revocation or suspension by the board itself, that also counts as unprofessional conduct and can lead to further disciplinary measures.

The board may deny an application, or may suspend or revoke a license or registration issued under this chapter, for any of the following:
(a)CA Business & Professions Code § 4992.36(a) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory of the United States, or by any other governmental agency, on a license, certificate, or registration to practice clinical social work or any other healing art shall constitute grounds for disciplinary action for unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.
(b)CA Business & Professions Code § 4992.36(b) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice clinical social work, marriage and family therapy, professional clinical counseling, or educational psychology against a licensee or registrant shall also constitute grounds for disciplinary action for unprofessional conduct under this chapter.

Section § 4993

Explanation

If you're a licensed clinical social worker in California, you need to keep your clients' therapy records for at least seven years after therapy ends. For clients who were minors, keep their records for seven years after they turn 18. This can be done electronically or on paper. This rule only applies to therapy records for clients whose treatment ended on or after January 1, 2015.

(a)CA Business & Professions Code § 4993(a) A licensed clinical social worker shall retain a client’s or patient’s health service records for a minimum of seven years from the date therapy is terminated. If the client or patient is a minor, the client’s or patient’s health service records shall be retained for a minimum of seven years from the date the client or patient reaches 18 years of age. Health service records may be retained in either a written or an electronic format.
(b)CA Business & Professions Code § 4993(b) This section shall apply only to the records of a client or patient whose therapy is terminated on or after January 1, 2015.