A licensed clinical social worker corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With respect to a licensed clinical social worker corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Board of Behavioral Sciences.
Social WorkersLicensed Clinical Social Workers Corporations
Section § 4998
This law explains that a licensed clinical social worker corporation is a business entity that can provide professional social work services. To operate legally, it must comply with certain regulations, including the Moscone-Knox Professional Corporation Act and any related rules. Additionally, the Board of Behavioral Sciences is the regulatory agency overseeing these types of corporations.
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Section § 4998.1
If you're a professional licensed under this chapter and you break, try to break, help someone else break, or plan to break any rules from this article, or the Moscone-Knox Professional Corporation Act, or any related laws or regulations, it's considered unprofessional conduct and a violation.
It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or any regulations duly adopted under those laws.
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Section § 4998.2
In California, if you have a corporation for licensed clinical social workers, your business name must include the words 'licensed clinical social worker' and indicate it's a corporation. If you're using a different business name, it can't be false or misleading, and you must tell patients that a licensed clinical social worker corporation is running the business before starting treatment.
Notwithstanding Section 4996, the name of a licensed clinical social worker corporation and any name or names under which it may be rendering professional services shall contain the words “licensed clinical social worker” and wording or abbreviations denoting corporate existence.
A licensed clinical social worker corporation that conducts business under a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, that the business is conducted by a licensed clinical social worker corporation.
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Section § 4998.3
If you own or manage a licensed clinical social worker corporation, you must have certain roles, like director, shareholder, or officer, filled by people who are licensed under specific guidelines called the Moscone-Knox Professional Corporation Act, unless there's an exception elsewhere.
Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a licensed clinical social worker corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act.
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Section § 4998.4
If a person owns shares in a clinical social worker corporation and becomes ineligible to practice, they can no longer benefit financially from the work done while they are disqualified. This means no income from services performed during this time goes to them or their shares.
The income of a licensed clinical social worker corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), shall not in any manner accrue to the benefit of that shareholder or his or her shares in the licensed clinical social workers corporation.
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Section § 4998.5
This law states that a company providing licensed clinical social work services must follow all the rules and regulations just like an individual licensed social worker. Basically, if an action (or inaction) would be considered unprofessional for an individual social worker, the company can't do it either.
A licensed clinical social worker corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule, or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by those statutes, rules, and regulations to the same extent as a person holding a license as a licensed clinical social worker.
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