AB 1759

Bill Subjects

Abstract

(1) Existing law establishes the Board of Behavioral Sciences within the Department of Consumer Affairs, and requires the board to license and regulate various registrants and licensees under the Licensed Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law, the Medical Practice Act, establishes requirements for the delivery of telehealth by health care providers, and defines "health care provider" for those purposes. A violation of each of the acts specified above is a crime. This bill would include associate professional clinical counselor trainees in the definition of health care provider for purposes of the provisions authorizing the delivery of telehealth. The bill would authorize associate clinical social workers, associate professional clinical counselors, and clinical counselor trainees to provide services via telehealth within their scope of practice. The bill would require an applicant for licensure as a marriage and family therapist, a licensed educational psychologist, a licensed clinical social worker, or a licensed professional clinical counselor to show, as part of their application, that they have completed 3 hours of training of coursework in the provision of mental health services via telehealth, including law and ethics relating to telehealth. The bill would also require completion of that training requirement as a one-time requirement for licensees before the time of their first renewal after July 1, 2023, and for applicants for reactivation or reinstatement to an active license on or after July 1, 2023. (2) Existing law requires a registrant as an associate marriage and family therapist, associate clinical social worker, or associate professional clinical counselor who fails to obtain a passing score on a board-administered California law and ethics examination within their renewal period to complete a 12-hour course in California law and ethics before retaking and passing the board-administered California law and ethics examination. This bill would delete those provisions and instead would require each registrant to complete a minimum of 3 hours of continuing education in California law and ethics during each renewal period to be eligible to renew their registration, regardless of whether they have passed the California law and ethics examination, and would require each registrant to certify under penalty of perjury that they have complied with this continuing education requirement as a condition of renewal. By expanding the scope of crimes under the acts specified above, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.