California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 18 - Board of Behavioral Sciences
Article 8 - Continuing Education Requirements for Marriage and Family Therapists, Licensed Clinical Social Workers, Licensed Educational Psychologists, and Licensed Professional Clinical Counselors
Section 1887.2 - Temporary Waivers of and Exemptions from Continuing Education Requirements

Universal Citation: 16 CA Code of Regs 1887.2

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) A licensee is exempt from the continuing education requirement if their license is inactive pursuant to sections 4984.8, 4989.44, 4997, or 4999.112 of the Code, or retired pursuant to section 4984.41, 4989.45, 4997.1, or 4999.113 of the Code.

(b) A licensee may submit a written request for a temporary waiver from the continuing education requirement for the licensee's current renewal period, for any of the reasons listed in subsection (c) below. The request shall be on a form entitled "Request for Temporary Continuing Education (CE) Waiver -- Licensee Application," Form No. 37A-635 (Revised), hereby incorporated by reference. The request must be submitted to the board in writing at least sixty (60) days prior to the license expiration date.

(c) The board shall grant a temporary waiver of continuing education if the licensee can provide evidence, as specified in subsections (d) and (e) below, that one of the following occurred:

(1) For at least one year during the licensee's current license renewal period, the licensee had a physical or mental disability or medical condition that did both of the following:

(A) Substantially limited one or more life activities as verified by the documentation required in subsection (d), and

(B) Caused the licensee's earned income, whether earned as an employee, independent contractor, or while self-employed, to drop below the substantial gainful activity amount for non-blind individuals during that year, as set forth by the Social Security Administration per section 404.1574(b)(2) of the Social Security Act.

(2) For at least one year during the licensee's current license renewal period, the licensee was the primary caregiver for an immediate family member, including a domestic partner, who had a total physical or mental disability. A "total physical or mental disability" means that the family member is both unable to work and unable to perform activities of daily living without substantial assistance, such as eating, bathing, dressing, housework, shopping, or meal preparation.

(d) The licensee's or immediate family member's physical or mental disability or medical condition must be verified by a licensed physician or psychologist with expertise in the area of the physical or mental disability or medical condition. Verification of the physical or mental disability or medical condition must be submitted by the licensee on a form entitled "Request for Temporary Continuing Education (CE) Waiver -- Verification of Disability or Medical Condition," Form No. 37A-636 (Revised), hereby incorporated by reference. Form No. 37A-636 must include an attached copy of the family member's written authorization for release of their protected health information for the limited purpose of the licensee's request for a temporary waiver of continuing education when the licensee is the family member's primary caregiver.

(e) A licensee shall provide proof of all income earned from work activity during the one-year period of the licensee's disability. If the licensee did not earn any work income, the licensee shall provide proof of receiving disability payments, or provide other evidence demonstrating that the licensee did not earn any income from work activity.

(f) The board will notify the licensee whether or not the waiver is granted within thirty (30) days after the request is received. If the request for waiver is denied, the licensee is responsible for completing the full amount of continuing education required for license renewal, if renewing in an active status. If the request for waiver is approved, it shall be valid for the current renewal period only.

(g) Licensees granted a temporary waiver shall not be exempt from completing the six (6) hours of continuing education in law and ethics required by section 1887.3.

1. New section filed 5-19-97; operative 5-19-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 21).
2. Change without regulatory effect amending subsection (b) filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
3. Amendment of subsection (a) and amendment of NOTE filed 2-19-2008; operative 3-20-2008 (Register 2008, No. 8).
4. Amendment of section and NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 21).
5. New section filed 9-16-2014. Adoption of section text operative 1-1-2015; regulatory provisions contained within operative July 1-1-2015 (Register 2014, No. 38).
6. Change without regulatory effect amending section heading filed 3-21-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 12).
7. Amendment of section heading, section and NOTE filed 8-8-2022; operative 7-1-2023 (Register 2022, No. 32).

Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 4980.54, 4984.8, 4984.41, 4989.34, 4989.44, 4989.45, 4996.22, 4997, 4997.1, 4999.76, 4999.112 and 4999.113, Business and Professions Code; and Sections 12926 and 12944, Government Code.

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