Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.
This chapter constitutes, and may be cited as, the Licensed Professional Clinical Counselor Act.
Article 1 - Administration
California Business and Professions Code — §§ 4999.10-4999.14
Sections (25)
Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.
In enacting this chapter, the Legislature recognizes that licensed professional clinical counselors practice a separate and distinct profession from the professions practiced by licensed marriage and family therapists and licensed clinical social workers. As such, the Legislature recognizes the need to appropriately test licensed marriage and family therapists and licensed clinical social workers seeking to become licensed professional clinical counselors on the difference in practice between the professions.
Amended by Stats. 2025, Ch. 787, Sec. 86. (SB 775) Effective January 1, 2026.
For purposes of this chapter, the following terms have the following meanings:
(a)“Board” means the Board of Behavioral Sciences.
(b)“Accredited” means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.
(c)“Approved” means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicant’s graduation from the school, college, or university.
(d)“Applicant for licensure” means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.
(e)“Licensed professional clinical counselor” or “LPCC” means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.
(f)“Associate” means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.
(g)“Clinical counselor trainee” means an unlicensed person who is currently enrolled in a master’s or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12
semester units or 18 quarter units of coursework in any qualifying degree program.
(h)“Supervisor” means an individual who meets all of the following requirements:
(1)Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:
(A)A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of
practice of an educational psychologist, as specified in Section 4989.14.
(B)A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2)For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of
psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(3)Has received training in supervision as specified in this
chapter and by regulation.
(4)Has not provided therapeutic services to the supervisee.
(5)Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A)A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.
(B)A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C)A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(6)Is not a spouse, domestic partner, or relative of the supervisee.
(7)Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(i)“Client centered advocacy” includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.
(j)“Advertising,” as used in this chapter, includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to
any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.
(k)“Referral” means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.
(l)“Research” means a systematic effort to collect, analyze, and interpret quantitative and qualitative data
that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.
(m)“Supervision” means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:
(1)Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.
(2)Monitoring and evaluating the supervisee’s assessment, diagnosis, and
treatment decisions and providing regular feedback.
(3)Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.
(4)Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.
(5)Ensuring the supervisee’s compliance with laws and regulations governing the practice of licensed professional clinical counseling.
(6)Reviewing the supervisee’s progress notes, process notes, and
other patient treatment records, as deemed appropriate by the supervisor.
(7)With the client’s written consent, providing direct observation or review of audio or video recordings of the supervisee’s counseling or therapy, as deemed appropriate by the supervisor.
(n)“Clinical setting” means any setting that meets both of the following requirements:
(1)Lawfully and regularly provides mental health counseling or psychotherapy.
(2)Provides oversight to ensure that the associate’s work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
Added by Stats. 2011, Ch. 148, Sec. 4. (SB 274) Effective August 1, 2011.
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 perform this service for remuneration in any form, including donations.
Amended by Stats. 2018, Ch. 703, Sec. 38. (SB 1491) Effective January 1, 2019.
The board shall do all of the following:
(a)Communicate information about its activities, the requirements and qualifications for licensure, and the practice of professional clinical counseling to the relevant educational institutions, supervisors, professional associations, applicants, clinical counselor trainees, associates, and the public.
(b)Develop policies and procedures to assist educational institutions in meeting the educational qualifications of Sections 4999.32 and 4999.33.
Amended by Stats. 2022, Ch. 520, Sec. 16. (AB 1759) Effective January 1, 2023.
(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 before the expiration date of the registration, shall do the following:
(1)Apply for a renewal on a form prescribed by the board.
(2)Pay a renewal fee prescribed by the board.
(3)Notify the board whether they have
been convicted, as defined in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the registrant’s last renewal.
(4)Participate in the California law and ethics examination pursuant to Section 4999.53 each year until successful completion of this examination.
(5)Certify under penalty of perjury their compliance with the continuing education requirements set forth in Section 4999.76.
(c)An expired registration may be renewed by completing all of the actions described in paragraphs (1) to
(5), inclusive, of subdivision (b).
(d)The associate registration may be renewed a maximum of five times. Registration shall not be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked. When no further renewals are possible, an applicant may apply for and obtain a subsequent associate registration number if the applicant meets the educational requirements for registration in effect at the time of the application for a subsequent associate registration number and has passed the California law and ethics examination described in Section 4999.53. An applicant who is issued a subsequent associate registration number pursuant to this subdivision shall not be employed or volunteer in a private practice.
Amended by Stats. 2011, Ch. 148, Sec. 9. (SB 274) Effective August 1, 2011.
(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 the board.
(b)To renew an unexpired license described in subdivision (a), the licensee, on or before the expiration date of the license, shall do all of the following:
(1)Apply for a renewal on a form prescribed by the board.
(2)Pay a two‑year renewal fee prescribed by the board.
(3)Certify compliance with the continuing education requirements set forth in Section
4999.76.
(4)Notify the board whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal.
Amended by Stats. 2021, Ch. 647, Sec. 70. (SB 801) Effective January 1, 2022.
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 section, the licensee shall do all of the following:
(a)File an application for renewal on a form prescribed by the board.
(b)Pay a two-year renewal fee prescribed by the board.
(c)Pay a delinquency fee.
(d)Certify compliance with the continuing education requirements set forth in Section 4999.76.
(e)Notify the board whether the licensee has been convicted, as defined
in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal.
Amended by Stats. 2012, Ch. 799, Sec. 82. (SB 1575) Effective January 1, 2013.
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 apply for and obtain a new license if he or she complies with all of the following:
(a)No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension.
(b)He or she takes and passes the current examinations required for licensing.
(c)He or she submits an application for initial licensure.
(d)He or she meets
the requirements pursuant to Section
4999.51.
Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.
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 suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.
Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.
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 shall, as a condition precedent to its reinstatement, pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.
Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.
(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 inactive license shall do all of the following:
(1)Pay a biennial fee of one-half of the active renewal fee.
(2)Be exempt from continuing education requirements.
(3)Not engage in the practice of professional clinical counseling in this state.
(4)Otherwise be subject to this chapter.
(b)A licensee on inactive status may have
his or her license reactivated by complying with all of the following:
(1)Submitting a request to the board.
(2)Certifying that he or she has not committed any acts or crimes constituting grounds for denial of licensure.
(3)Paying the remaining one-half of the renewal fee.
(4)Completing the following continuing education requirements:
(A)Eighteen hours of continuing education is required within the two years preceding the date of the request for reactivation if the license will expire less than one year from the date of the request for reactivation.
(B)Thirty-six hours of continuing education is required within the two
years preceding the date of the request for reactivation if the license will expire more than one year from the date of the request for reactivation.
Amended by Stats. 2025, Ch. 787, Sec. 92. (SB 775) Effective January 1, 2026.
(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 license to a professional clinical counselor who holds a license that is current and active or a license that is inactive, and whose license is not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter.
(2)A professional clinical counselor license that has expired shall be issued a retired license by the board upon submission of a completed application as prescribed by this section and payment of the fee fixed by this chapter if both of the
following requirements are met:
(A)The license expired within three years from the date of the board’s receipt of a completed application.
(B)Immediately preceding the license expiration, and after the license expiration, the license was not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter.
(3)For purposes of this section, “subject to disciplinary action” shall mean that the licensee had an unsatisfied cost recovery, fine or restitution order, an accusation or petition to revoke probation that has been served on the licensee alleging violations of their probation or the chapter, or an unresolved complaint or investigation pending with the
board.
(b)To apply for a retired license, the applicant shall submit a completed application to the board providing all of the following information:
(1)Full name as filed with the board.
(2)Board license type, license number, and expiration date.
(3)Date of birth.
(4)Social security number or individual taxpayer identification number.
(5)A statement signed under penalty of perjury that the information provided on the application is true and correct, that the applicant understands that the holder of a retired license may not
engage in any activity for which the active license was issued, and that the applicant hereby requests their license to be changed to retired status.
(c)The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active professional clinical counselor license is required.
(d)The holder of a retired license shall utilize their professional
title only with the unabbreviated word “retired” directly preceding or directly following the professional title.
(e)The holder of a retired license shall not be required to renew that license.
(f)The holder of a retired license may apply to restore to active status their license to practice professional clinical counseling if that retired license was issued less than three years prior to the date the application to restore the retired license is received by the board. A retired license may be restored to active status one time only. To restore a retired license to active status, the applicant shall meet all of the following requirements:
(1)Submit a completed application to the board containing all of the
following information:
(A)Full name as filed with the board.
(B)Original board license type and original license number and expiration date.
(C)Date of birth.
(D)Social security number or individual taxpayer identification number.
(E)Whether they have been convicted, as defined in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state subsequent to the issuance of the retired license.
(F)A statement signed under penalty of perjury that
the information provided on the application is true and correct, that the applicant did not engage in any activity for which an active license is required while the license was in retired status, and that the applicant hereby requests their license to be changed to “active” status.
(2)Has not committed an act or crime constituting grounds for denial of licensure.
(3)Pays the required renewal fee.
(4)Completes the required continuing education as specified in Section 4999.76.
(5)Complies with the fingerprint submission requirements established in Section 144.
(g)An applicant
requesting to restore their license pursuant to subdivision (f) whose retired license was issued in accordance with this section less than one year from the date the application to restore the retired license is received by the board shall complete 18 hours of continuing education taken within the two years prior to the date the application to restore the retired license is received by the board. This coursework shall include a minimum of six hours in the subject of California law and ethics.
(h)An applicant requesting to restore their license pursuant to subdivision (f) whose retired license was issued in accordance with this section one or more years from the date the application to restore the retired license is received by the board shall complete 36 hours of continuing education taken within the two years prior to the date the
application to restore the retired license is received by the board. This coursework shall include a minimum of six hours in the subject of California law and ethics.
(i)A retired license that was issued three or more years prior shall not be restored. The holder of the retired license may apply for and obtain a new license if all of the following criteria are satisfied:
(1)Has not committed an act or crime constituting grounds for denial of licensure.
(2)Applies for licensure and pays the required fees.
(3)Passes the examinations required for licensure.
(4)Complies with the fingerprint submission
requirements established in Section 144.
Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.
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 entire amount thereof in the State Treasury for credit to the Behavioral Sciences Fund.
Added by Stats. 2009, Ch. 619, Sec. 3. (SB 788) Effective January 1, 2010.
(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 carrying out and enforcing the provisions of this chapter.
(b)The board shall keep records that will reasonably ensure that funds expended in the administration of each licensing or registration category bear a reasonable relation to the revenue derived from each category, and shall so notify the department no later than May 31 of each year.
(c)Surpluses, if any, may be used in a way so as to bear a reasonable relation to the revenue derived from each category, and may include, but not be limited to, expenditures for
education and research related to each of the licensing or registration categories.
Amended by Stats. 2017, Ch. 573, Sec. 24. (SB 800) Effective January 1, 2018.
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 the board within 30 days of the issuance of a new government-issued photographic identification. The licensee or registrant shall certify the information is correct by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice:
(a)A current government-issued photographic identification.
(b)The legal document authorizing the name change, such as a court order or a marriage
certificate.
Amended by Stats. 2021, Ch. 647, Sec. 71. (SB 801) Effective January 1, 2022.
(a)The board shall assess the following fees relating to the licensure of professional clinical counselors:
(1)The fee for the application for licensure shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(2)The fee for the application for associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(3)(A) (i) The fee for the board-administered clinical examination,
if the board chooses to adopt this examination in regulations, shall be two hundred fifty dollars ($250). The board may adopt regulations to set the fee at a higher amount, up to a maximum of five hundred dollars ($500).
(ii) The fee for the California law and ethics examination shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(B)An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(C)The amount of the examination fees shall be based on the actual cost to the board of developing, purchasing, and grading each examination and the actual cost to the board of administering each examination. The written examination fees
shall be adjusted periodically by regulation to reflect the actual costs incurred by the board.
(4)The fee for the issuance of a license shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(5)The fee for the annual renewal of an associate registration shall be one hundred fifty dollars ($150). The board may adopt regulations to set the fee at a higher amount, up to a maximum of three hundred dollars ($300).
(6)The fee for the two-year license renewal shall be two hundred dollars ($200). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400).
(7)The renewal delinquency fee shall be one-half of
the fee for license renewal. A person who permits their license to expire shall be subject to the delinquency fee.
(8)The fee for issuance of a retired license shall be forty dollars ($40).
(9)The fee for rescoring an examination shall be twenty dollars ($20).
(10)The fee for issuance of a replacement license or registration shall be twenty dollars ($20).
(11)The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(b)This section shall become operative on January 1, 2021.
Added by Stats. 2017, Ch. 557, Sec. 7. (AB 1188) Effective October 7, 2017. Section operative July 1, 2018, by its own provisions.
(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 additional fee of twenty dollars ($20) at the time of renewal. The board shall transfer this amount to the Controller who shall deposit the funds in the Mental Health Practitioner Education Fund.
(b)This section shall become operative on July 1, 2018.
Amended by Stats. 2021, Ch. 647, Sec. 73. (SB 801) Effective January 1, 2022.
A professional clinical counselor 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 who are 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 any other statute or regulation pertaining to that corporation and the conduct of its affairs. With respect to a professional clinical counselor corporation, the term “governmental agency” in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code) shall be construed to mean the Board of Behavioral
Sciences.
Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.
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 regulation adopted under those laws.
Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.
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 “licensed professional clinical counselor” or “professional clinical counselor” and wording or abbreviations denoting a corporate existence. A professional clinical counselor corporation that conducts business under a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform each patient, prior to commencement of treatment, that the business is conducted by a professional clinical counselor corporation.
Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.
Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a professional clinical counselor corporation shall be a licensed person, as defined in Section 13401 of the Corporations Code.
Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.
The income of a professional clinical counselor corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of that shareholder or his or her shares in the professional clinical counselor corporation.
Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.
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 constitute unprofessional conduct under any statute, rule, or regulation. In the conduct of its practice, a professional clinical counselor corporation shall observe and be bound by any statute, rule, or regulation that applies to a licensed professional clinical counselor.
Added by Stats. 2011, Ch. 381, Sec. 13. (SB 146) Effective January 1, 2012.
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 regulation that requires that the articles of incorporation or bylaws of a professional clinical counselor corporation shall include a provision that requires the capital stock of the corporation owned by a disqualified person, as defined in Section 13401 of the Corporations Code, or a deceased person to be sold to the corporation or to the remaining shareholders of the corporation within the timeframe that the rule or regulation requires.
(b)Any rule or regulation that requires that a professional
clinical counselor corporation shall provide adequate security by insurance or otherwise for claims against the corporation by its patients arising out of the rendering of professional services.