The CARE Act specifies that the clinical evaluation, which may be ordered by the court pursuant to California Welfare and Institutions Code (W&I Code) section 5977.1(b) shall be conducted by the county behavioral health agency through a licensed behavioral health professional. The CARE Act defines the licensed behavioral health professional in conjunction with other applicable statutes. As defined in W&I Code section 5751.2 and W&I Code section 4096(j), a licensed behavioral health professional includes:

• A physician, psychiatrist, psychologist, clinical social worker, marriage and family therapist or professional clinical counselor licensed in accordance with the Business and Professions Code; or
• Individuals working under supervision to gain necessary experience to meet any of the above licensure requirements as long as they meet the professional training requirements applicable to their license as detailed in the Business and Professions Code, for up to five years; or
• The same type of clinicians who were recruited for employment from outside the state who have sufficient experience to gain admission to a licensing exam, for up to five years.

Effective January 1, 2026, nurse practitioners and physician assistants are considered licensed behavioral health professionals solely for the purpose of submitting an affidavit (CARE-101 Form) in support of a CARE petition (CARE-100 Form), per W&I Code section 5975(d)(1).