Article 4 - Practice Requirements

California Business and Professions Code — §§ 4999.70-4999.76

Sections (7)

Amended by Stats. 2015, Ch. 426, Sec. 52. (SB 800) Effective January 1, 2016.

(a)This section does not limit, preclude, or otherwise interfere with the practices of other persons licensed or otherwise authorized to practice, under any other provision of this division, telephone medical advice services consistent with the laws governing their respective scopes of practice, or licensed under the Osteopathic Initiative Act or the Chiropractic Initiative Act and operating consistent with the laws governing their respective scopes of practice.

(b)For purposes of this chapter, “telephone medical advice” means a telephonic communication between a patient and a health care professional in which the health care professional’s primary function is to provide to the patient a telephonic response to the

patient’s questions regarding his or her or a family member’s medical care or treatment. “Telephone medical advice” includes assessment, evaluation, or advice provided to patients or their family members.

(c)For purposes of this chapter, “health care professional” is an employee or independent contractor described in Section 4999.2 who provides medical advice services and is appropriately licensed, certified, or registered as a dentist, dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions pursuant to Chapter 4 (commencing with Section 1600), as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act, as a registered nurse pursuant to Chapter 6 (commencing with Section 2700), as a psychologist pursuant to Chapter 6.6 (commencing with Section 2900), as a naturopathic doctor pursuant to Chapter 8.2 (commencing with Section 3610), as an

optometrist pursuant to Chapter 7 (commencing with Section 3000), as a marriage and family therapist pursuant to Chapter 13 (commencing with Section 4980), as a licensed clinical social worker pursuant to Chapter 14 (commencing with Section 4991), as a licensed professional clinical counselor pursuant to Chapter 16 (commencing with Section 4999.10), or as a chiropractor pursuant to the Chiropractic Initiative Act, and who is operating consistent with the laws governing his or her respective scopes of practice in the state in which he or she provides telephone medical advice services.

§ 4999.70

Amended by Stats. 2024, Ch. 160, Sec. 17. (SB 1024) Effective January 1, 2025.

A licensee shall display their license in a conspicuous place in the licensee’s primary place of practice when rendering professional clinical services in person.

§ 4999.71

Amended by Stats. 2024, Ch. 160, Sec. 18. (SB 1024) Effective January 1, 2025.

(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 practicably possible thereafter, that reads as follows:

NOTICE TO CLIENTS

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of professional clinical counselors. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

(b)On and after July 1,

2025, upon initiation of psychotherapy services with a client, the notice described in subdivision (a) shall also include the licensee’s or registrant’s full name as filed with the board, the license or registration number, the type of license or registration, and the license or registration expiration date.

(c)Delivery of the notice required by this section to the client shall be documented.

§ 4999.72

Amended by Stats. 2021, Ch. 747, Sec. 26. (AB 690) Effective January 1, 2022.

Any licensed professional clinical counselor who owns a business using 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, of the name and license designation of the owner or owners of the practice.

§ 4999.74

Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.

Licensed professional clinical counselors shall provide to each client accurate information about the counseling relationship and the counseling process.

§ 4999.75

Added by Stats. 2014, Ch. 312, Sec. 4. (SB 578) Effective January 1, 2015.

(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 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)This section shall apply only to the records of a client or patient whose therapy is terminated on or after January 1, 2015.

§ 4999.76

Amended by Stats. 2024, Ch. 836, Sec. 7.5. (AB 2581) Effective January 1, 2025.

(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 form prescribed by the board, that the applicant has completed not less than 36 hours of approved continuing education in or relevant to the field of professional clinical counseling in the preceding two years, as determined by the board.

(2)The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a form

prescribed by the board, that they have completed not less than three hours of continuing education in the subject of California law and ethics during the preceding year.

(b)(1) In determining its continuing education requirements, the board shall consider including a course in menopausal mental health.

(2)In determining its continuing education requirements, the board shall consider including a course in maternal mental health.

(c)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 completed continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.

(d)The board may establish exceptions from the continuing education requirement of this section for good cause, as defined by the board.

(e)The continuing education shall be obtained from one of the following sources:

(1)A school, college, or university that is accredited or approved, as defined in Section 4999.12. 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 as specified by the board by regulation.

(f)The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (e), shall adhere to 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 this section or any regulation adopted pursuant to this section.

(g)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 professional clinical counseling.

(2)Significant recent developments in the discipline of professional clinical counseling.

(3)Aspects of other disciplines that enhance the understanding or the practice of professional clinical counseling.

(h)A system of continuing education for licensed professional clinical counselors shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.

(i)The continuing education requirements of this section shall fully comply with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.