Chapter 17 - Qualified Autism Service Providers

California Business and Professions Code — §§ 4999.200-4999.202

Sections (5)

Amended by Stats. 2022, Ch. 684, Sec. 1. (AB 1102) Effective January 1, 2023.

A telephone medical advice service shall be responsible for complying with the following requirements:

(a)(1) Ensuring that all health care professionals who provide medical advice services are appropriately licensed, certified, or registered as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act, 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 an occupational therapist pursuant to Chapter 5.6 (commencing with Section 2570), 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 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), as an optometrist pursuant to Chapter 7 (commencing with Section 3000), or as a chiropractor pursuant to the Chiropractic Initiative Act, and operating consistent with the laws governing their respective scopes of practice in the state within which they provide telephone medical advice services, except as provided in subdivision (b).

(2)Ensuring that all health care professionals who provide telephone

medical advice services from an out-of-state location, as identified in paragraph (1), are licensed, registered, or certified in the state within which they are providing the telephone medical advice services and are operating consistent with the laws governing their respective licenses and scopes of practice.

(b)Ensuring that the telephone medical advice provided is consistent with good professional practice.

(c)Maintaining records of telephone medical advice services, including records of complaints, provided to patients in California for a period of at least five years.

(d)Ensuring that no staff member uses a title or designation when speaking to an enrollee, subscriber, or consumer that may cause a reasonable person

to believe that the staff member is a licensed, certified, or registered health care professional described in paragraph (1) of subdivision (a), unless the staff member is a licensed, certified, or registered professional.

(e)Complying with all directions and requests for information made by the Department of Consumer Affairs and respective healing arts licensing boards.

§ 4999.20

Amended by Stats. 2021, Ch. 440, Sec. 3. (AB 462) Effective January 1, 2022.

(a)(1) “Professional clinical counseling” means the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the coursework and training required by Sections 4999.32 and 4999.33. “Professional clinical counseling” includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions.

(2)“Professional clinical counseling” is focused exclusively on the application of counseling interventions and psychotherapeutic techniques for the purposes of improving mental health, and is not intended to capture other, nonclinical forms of counseling for the purposes of licensure. For purposes of this paragraph, “nonclinical” means nonmental health.

(3)“Professional clinical counseling” does not include the provision of clinical social work services.

(b)“Counseling interventions and psychotherapeutic techniques” means the application of cognitive, affective, verbal or nonverbal, systemic or holistic counseling strategies that include principles of development, wellness, and maladjustment that reflect a pluralistic

society. These interventions and techniques are specifically implemented in the context of a professional clinical counseling relationship and use a variety of counseling theories and approaches.

(c)“Assessment” means selecting, administering, scoring, and interpreting tests, instruments, and other tools and methods designed to measure an individual’s attitudes, abilities, aptitudes, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral concerns and development and the use of methods and techniques for understanding human behavior in relation to coping with, adapting to, or ameliorating changing life situations, as part of the counseling process. “Assessment” shall not include the use of projective techniques in the assessment of personality, individually administered intelligence

tests, neuropsychological testing, or utilization of a battery of three or more tests to determine the presence of psychosis, dementia, amnesia, cognitive impairment, or criminal behavior.

(d)Professional clinical counselors shall refer clients to other licensed health care professionals when they identify issues beyond their own scope of education, training, and experience.

§ 4999.200

Added by Stats. 2025, Ch. 413, Sec. 2. (SB 402) Effective January 1, 2026.

“Qualified autism service provider” means an individual who meets either of the following criteria:

(a)Is certified by a national entity, such as the Behavior Analyst Certification Board, with a certification that is accredited by the National Commission for Certifying Agencies who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the individual who is nationally certified.

(b)Is licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational

psychologist, clinical social worker, professional clinical counselor, speech-language pathologist, or audiologist, pursuant to Division 2 (commencing with Section 500), and who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee.

§ 4999.201

Added by Stats. 2025, Ch. 413, Sec. 2. (SB 402) Effective January 1, 2026.

“Qualified autism service professional” means an individual who meets all of the following criteria:

(a)Provides behavioral health treatment, which may include clinical case management and case supervision under the direction and supervision of a qualified autism service provider.

(b)Is supervised by a qualified autism service provider.

(c)Provides treatment pursuant to a treatment plan developed and approved by the qualified autism service provider.

(d)Is either of the following:

(1)A behavioral service provider who meets the education and experience qualifications described in Section 54342 of Title 17 of the California Code of Regulations for an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program.

(2)(A) A psychological associate, an associate marriage and family therapist, an associate clinical social worker, or an associate professional clinical counselor, as defined and regulated by the Board of Behavioral Sciences or the Board of Psychology.

(B)If an individual meets the requirement described in subparagraph (A), they shall also meet the criteria set forth in the regulations

adopted pursuant to Section 4686.4 of the Welfare and Institutions Code for a Behavioral Health Professional.

(e)(1) Has training and experience in providing services for pervasive developmental disorder or autism pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code or Title 14 (commencing with Section 95000) of the Government Code.

(f)Is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan.

§ 4999.202

Added by Stats. 2025, Ch. 413, Sec. 2. (SB 402) Effective January 1, 2026.

“Qualified autism service paraprofessional” means an unlicensed and uncertified individual who meets all of the following criteria:

(a)Is supervised by a qualified autism service provider or qualified autism service professional at a level of clinical supervision that meets professionally recognized standards of practice.

(b)Provides treatment and implements services pursuant to a treatment plan that was developed and approved by the qualified autism service provider.

(c)Meets the education and training qualifications described in Section 54342 of

Title 17 of the California Code of Regulations.

(d)Has adequate education, training, and experience, as certified by a qualified autism service provider or an entity or group that employs qualified autism service providers.

(e)Is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan.