Social WorkersApplication of Chapter
Section § 4992
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.
Section § 4992.1
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.
Section § 4992.2
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.
Section § 4992.3
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.
Section § 4992.4
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.
Section § 4992.05
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.
Section § 4992.5
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.
Section § 4992.07
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.
Section § 4992.7
Section § 4992.8
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.
Section § 4992.09
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.
Section § 4992.10
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.
Section § 4992.31
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.
Section § 4992.33
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.
Section § 4992.35
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.
Section § 4992.36
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.
Section § 4993
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.