CHAPTER 16. Licensed Professional Clinical Counselors [4999.10. - 4999.129.]
Chapter 16 added by Stats. 2009, Ch. 619, Sec. 3.
§§ 4999.10–4999.129 · 70 sections
ARTICLE 1. Administration §§ 4999.10–4999.14 · 6 sections
- § 4999.10 This chapter constitutes, and may be cited as, the Licensed Professional Clinical Counselor Act.
- § 4999.11 In enacting this chapter, the Legislature recognizes that licensed professional clinical counselors practice a separate and distinct profession from the…
- § 4999.12 For purposes of this chapter, the following terms have the following meanings: (a) “Board” means the Board of Behavioral Sciences. (b) “Accredited” means a…
- § 4999.12.5 (a) (1) The title “professional clinical counselor intern” or “professional clinical counselor registered intern” is hereby renamed “associate professional…
- § 4999.13 A person engages in the practice of professional clinical counseling when he or she performs or offers to perform or holds himself or herself out as able to…
- § 4999.14 The board shall do all of the following: (a) Communicate information about its activities, the requirements and qualifications for licensure, and the practice…
ARTICLE 2. Scope of Practice §§ 4999.20–4999.27 · 6 sections
- § 4999.20 (a) (1) “Professional clinical counseling” means the application of counseling interventions and psychotherapeutic techniques to identify and remediate…
- § 4999.22 (a) Nothing in this chapter shall prevent qualified persons from doing work of a psychosocial nature consistent with the standards and ethics of their…
- § 4999.23 (a) Notwithstanding Section 4999.30, a person who holds a license in another jurisdiction of the United States as a professional clinical counselor may provide…
- § 4999.25 The settings described in Section 4999.22 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in…
- § 4999.26 (a) For the purposes of this chapter, the following definitions apply: (1) “Nonexempt setting” means a setting that does not qualify as an exempt setting, as…
- § 4999.27 (a) Nothing in this chapter shall restrict or prevent activities of a psychotherapeutic or counseling nature on the part of persons employed by accredited or…
ARTICLE 3. Licensure §§ 4999.30–4999.67 · 24 sections
- § 4999.30 Except as otherwise provided in this chapter, a person shall not practice or advertise the performance of professional clinical counseling services without a…
- § 4999.32 (a) This section shall apply to applicants for licensure or registration who began graduate study before August 1, 2012, and completed that study on or before…
- § 4999.33 (a) This section shall apply to the following: (1) Applicants for licensure or registration who begin graduate study before August 1, 2012, and do not complete…
- § 4999.36 (a) A clinical counselor trainee may perform activities and services provided that the activities and services constitute part of the clinical counselor…
- § 4999.40 (a) Each educational institution preparing applicants to qualify for licensure shall notify each of its students by means of its public documents or otherwise…
- § 4999.42 (a) An applicant shall meet all of the following qualifications to qualify for registration as an associate: (1) Earned a master’s or doctoral degree as…
- § 4999.46 (a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of…
- § 4999.46.1 (a) An associate or applicant for licensure shall be under the supervision of a supervisor at all times. (b) An associate shall do both of the following: (1)…
- § 4999.46.2 (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (4) of subdivision (c) of…
- § 4999.46.3 (a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and…
- § 4999.46.4 (a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their…
- § 4999.46.5 The board may audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A…
- § 4999.48 The board shall adopt regulations regarding the supervision of associates that may include, but not be limited to, the following: (a) Supervisor…
- § 4999.50 (a) The board may issue a professional clinical counselor license to any person who meets all of the following requirements: (1) He or she has received a…
- § 4999.51 An applicant for licensure as a professional clinical counselor or registration as an associate shall satisfy the following qualifications: (a) Not be subject…
- § 4999.52 (a) Every applicant for a license as a professional clinical counselor shall take one or more examinations, as determined by the board, to ascertain their…
- § 4999.53 (a) Effective January 1, 2016, a registrant or an applicant for licensure as a professional clinical counselor shall pass the following examinations as…
- § 4999.55 (a) Each applicant and registrant shall obtain a passing score on a board-administered California law and ethics examination in order to qualify for licensure.…
- § 4999.60 (a) The board may issue a license to a person who, at the time of submitting an application for a license pursuant to this chapter, holds a license in another…
- § 4999.61 (a) This section applies to persons with education gained from an out-of-state school or experience gained outside of California who apply for licensure or…
- § 4999.62 (a) This section applies to persons with education gained from an out-of-state school who apply for licensure or registration and who do not qualify for a…
- § 4999.64 (a) Effective January 1, 2016, an applicant who fails the examination specified in paragraph (2) of subdivision (a) of Section 4999.53 may, within one year…
- § 4999.66 (a) On or after January 1, 2021, an applicant for licensure as a professional clinical counselor shall show, as part of the application, that they have…
- § 4999.67 (a) On or after July 1, 2023, an applicant for licensure as a professional clinical counselor shall show, as part of the application, that they have completed…
ARTICLE 4. Practice Requirements §§ 4999.70–4999.76 · 6 sections
- § 4999.70 A licensee shall display their license in a conspicuous place in the licensee’s primary place of practice when rendering professional clinical services in…
- § 4999.71 (a) A licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services, or as soon as…
- § 4999.72 Any licensed professional clinical counselor who owns a business using a fictitious business name shall not use any name that is false, misleading, or…
- § 4999.74 Licensed professional clinical counselors shall provide to each client accurate information about the counseling relationship and the counseling process.
- § 4999.75 (a) A licensed professional clinical counselor shall retain a client’s or patient’s health service records for a minimum of seven years from the date therapy…
- § 4999.76 (a) (1) Except as provided in subdivision (d), the board shall not renew any license pursuant to this chapter unless the applicant certifies to the board, on a…
ARTICLE 5. Enforcement §§ 4999.80–4999.92 · 8 sections
- § 4999.80 In order to carry out the provisions of this chapter, the board shall do all of the following: (a) Enforce laws designed to protect the public from…
- § 4999.82 It shall be unlawful for any person to engage in any of the following acts: (a) Engage in the practice of professional clinical counseling, as defined in…
- § 4999.84 It is the intent of the Legislature that any communication made by a person to a licensed professional clinical counselor in the course of professional…
- § 4999.86 Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months,…
- § 4999.88 In addition to other proceedings provided in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or…
- § 4999.90 The board may refuse to issue any registration or license, or may suspend or revoke the registration or license of any associate or licensed professional…
- § 4999.91 The board may deny any application, or may suspend or revoke any license or registration issued under this chapter, for any of the following: (a) Denial of…
- § 4999.92 (a) The Board of Behavioral Sciences shall require an applicant for professional clinical counselor licensure or registration as an associate professional…
ARTICLE 6. Revenue §§ 4999.100–4999.121 · 13 sections
- § 4999.100 (a) An associate registration shall expire one year from the last day of the month in which it was issued. (b) To renew a registration, the registrant, on or…
- § 4999.102 (a) 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…
- § 4999.104 Licenses issued under this chapter that have expired may be renewed at any time within three years of expiration. To renew an expired license described in this…
- § 4999.106 A license that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued, except that a former licensee may…
- § 4999.108 A suspended license is subject to expiration and shall be renewed as provided in this article, but that renewal does not entitle the licensee, while it remains…
- § 4999.110 A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee…
- § 4999.112 (a) A licensed professional clinical counselor may apply to the board to request that his or her license be placed on inactive status. A licensee who holds an…
- § 4999.113 (a) (1) The board shall issue, upon submission of a completed application as prescribed by this section and payment of the fee fixed by this chapter, a retired…
- § 4999.114 The board shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time deposit the…
- § 4999.116 (a) The moneys credited to the Behavioral Sciences Fund under Section 4999.114 shall, upon appropriation by the Legislature, be used for the purposes of…
- § 4999.118 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…
- § 4999.120 (a) The board shall assess the following fees relating to the licensure of professional clinical counselors: (1) The fee for the application for licensure…
- § 4999.121 (a) In addition to the fees charged pursuant to Section 4999.120 for the biennial renewal of a license pursuant to Section 4999.102, the board shall collect an…
ARTICLE 7. Professional Clinical Counselor Corporations §§ 4999.123–4999.129 · 7 sections
- § 4999.123 A professional clinical counselor corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the…
- § 4999.124 It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly…
- § 4999.125 The name of a professional clinical counselor corporation and any name or names under which it may be rendering professional services shall contain the words…
- § 4999.126 Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a professional clinical counselor corporation shall be…
- § 4999.127 The income of a professional clinical counselor corporation attributable to professional services rendered while a shareholder is a disqualified person, as…
- § 4999.128 A professional clinical counselor corporation shall not perform or fail to perform any act the performance of which, or for which the failure to perform, would…
- § 4999.129 The board may formulate and enforce any rule or regulation to carry out the purposes and objectives of this article, including as follows: (a) Any rule or…