Bill Text: CA SB1012 | 2013-2014 | Regular Session | Chaptered
Bill Title: Healing arts: licensure requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State. Chapter 435, Statutes of 2014. [SB1012 Detail]
Download: California-2013-SB1012-Chaptered.html
BILL NUMBER: SB 1012 CHAPTERED
BILL TEXT
CHAPTER 435
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2014
APPROVED BY GOVERNOR SEPTEMBER 18, 2014
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY AUGUST 7, 2014
AMENDED IN ASSEMBLY JUNE 11, 2014
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Wyland
FEBRUARY 13, 2014
An act to amend Sections 4980.43 and 4999.46 of the Business and
Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1012, Wyland. Healing arts: licensure requirements.
Existing law, the Licensed Marriage and Family Therapist Act,
provides for the licensure or registration and regulation of marriage
and family therapists and interns by the Board of Behavioral
Sciences. Existing law requires each applicant for licensure to
complete a certain number of hours of experience prior to applying
for licensure. Existing law provides that the provision only applies
to hours of experience gained on and after January 1, 2010.
Existing law also imposes, as part of the licensure prerequisites
for marriage and family therapists, certain supervised-experience
requirements whereby a prospective licensee is required to work a
specified number of hours in a clinical setting under the supervision
of experienced professionals. Existing law requires a trainee to
receive at least one hour of direct supervisor contact for every 5
hours of client contact in each setting. Existing law requires an
individual supervised after being granted a qualifying degree to
receive at least one additional hour of direct supervisor contact for
every week in which more than 10 hours of client contact is gained
in each setting, provided however, that no more than 5 hours of
supervision are credited during any single week.
This bill would instead allow a trainee or an individual with a
qualifying degree to be credited with no more than 6 hours of
supervision during any single week for supervision hours gained on or
after January 1, 2009.
Existing law establishes certain criteria for the settings in
which supervision hours may be credited to a trainee, including,
among other things, a prohibition against settings that are private
practices owned by a licensed marriage and family therapist, a
licensed psychologist, a licensed clinical social worker, a licensed
physician and surgeon, or a professional corporation of any of those
licensed professions.
The bill would also include a private practice owned by a
licensed professional clinical counselor in the list of prohibited
settings described above.
Existing law, the Licensed Professional Clinical Counselor Act,
provides for the licensure and regulation of licensed professional
clinical counselors by the Board of Behavioral Sciences. Existing law
sets forth the number of hours of experience required for licensure,
including supervised clinical mental health experience related to
the practice of professional counseling. Existing law provides that
no more than 5 hours of supervision may be credited during any single
week.
This bill would instead allow no more than 6 hours of supervision
to be credited during any single week for supervision hours gained on
or after January 1, 2009.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4980.43 of the Business and Professions Code is
amended to read:
4980.43. (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
(1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or doctoral
degree.
(4) Not more than 1,300 hours of supervised experience obtained
prior to completing a master's or doctoral degree.
The applicant shall not be credited with more than 750 hours of
counseling and direct supervisor contact prior to completing the
master's or doctoral degree.
(5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
(6) No hours of experience may be gained more than six years prior
to the date the application for examination eligibility was filed,
except that up to 500 hours of clinical experience gained in the
supervised practicum required by subdivision (c) of Section 4980.37
and subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 shall be exempt from this six-year requirement.
(7) Not more than a combined total of 1,000 hours of experience in
the following:
(A) Direct supervisor contact.
(B) Professional enrichment activities. For purposes of this
chapter, "professional enrichment activities" include the following:
(i) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor. An
applicant shall have no more than 250 hours of verified attendance at
these workshops, seminars, training sessions, or conferences.
(ii) Participation by the applicant in personal psychotherapy,
which includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional. An applicant
shall have no more than 100 hours of participation in personal
psychotherapy. The applicant shall be credited with three hours of
experience for each hour of personal psychotherapy.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) For all hours gained on or after January 1, 2012, not more
than 500 hours of experience in the following:
(A) Experience administering and evaluating psychological tests,
writing clinical reports, writing progress notes, or writing process
notes.
(B) Client centered advocacy.
(10) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children. For up to 150 hours of
treating couples and families in conjoint therapy, the applicant
shall be credited with two hours of experience for each hour of
therapy provided.
(11) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telehealth in accordance with Section 2290.5.
(12) It is anticipated and encouraged that hours of experience
will include working with elders and dependent adults who have
physical or mental limitations that restrict their ability to carry
out normal activities or protect their rights.
This subdivision shall only apply to hours gained on and after
January 1, 2010.
(b) All applicants, trainees, and registrants shall be at all
times under the supervision of a supervisor who shall be responsible
for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the
person being supervised, and who shall be responsible to the board
for compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience shall
be gained by interns and trainees only as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by interns or trainees as
an independent contractor.
(1) If employed, an intern shall provide the board with copies of
the corresponding W-2 tax forms for each year of experience claimed
upon application for licensure.
(2) If volunteering, an intern shall provide the board with a
letter from his or her employer verifying the intern's employment as
a volunteer upon application for licensure.
(c) Except for experience gained pursuant to subparagraph (B) of
paragraph (7) of subdivision (a), supervision shall include at least
one hour of direct supervisor contact in each week for which
experience is credited in each work setting, as specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting. No more than six hours of supervision, whether
individual or group, shall be credited during any single week.
(2) An individual supervised after being granted a qualifying
degree shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
client contact is gained in each setting. No more than six hours of
supervision, whether individual or group, shall be credited during
any single week.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour per week of face-to-face contact on an
individual basis or two hours per week of face-to-face contact in a
group.
(4) Direct supervisor contact shall occur within the same week as
the hours claimed.
(5) Direct supervisor contact provided in a group shall be
provided in a group of not more than eight supervisees and in
segments lasting no less than one continuous hour.
(6) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(7) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation.
(8) The six hours of supervision that may be credited during any
single week pursuant to paragraphs (1) and (2) shall apply to
supervision hours gained on or after January 1, 2009.
(d) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed professional clinical counselor, a
licensed psychologist, a licensed clinical social worker, a licensed
physician and surgeon, or a professional corporation of any of those
licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(e) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctoral degree
and is thereafter granted the intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(i) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and shall
not lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of their
employers.
(j) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars ($500) per month as
reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered an employee
and not an independent contractor. The board may audit applicants
who receive reimbursement for expenses, and the applicants shall have
the burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(k) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
SEC. 2. Section 4999.46 of the Business and Professions Code, as
amended by Section 55 of Chapter 473 of the Statutes of 2013, is
amended to read:
4999.46. (a) To qualify for the licensure examinations specified
in subdivision (c) of Section 4999.52, applicants shall complete
clinical mental health experience under the general supervision of an
approved supervisor as defined in Section 4999.12.
(b) The experience shall include a minimum of 3,000 postdegree
hours of supervised clinical mental health experience related to the
practice of professional clinical counseling, performed over a period
of not less than two years (104 weeks), which shall include:
(1) Not more than 40 hours in any seven consecutive days.
(2) Not less than 1,750 hours of direct counseling with
individuals, groups, couples, or families in a setting described in
Section 4999.44 using a variety of psychotherapeutic techniques and
recognized counseling interventions within the scope of practice of
licensed professional clinical counselors.
(3) Not more than 500 hours of experience providing group therapy
or group counseling.
(4) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telehealth in accordance with Section 2290.5.
(5) Not less than 150 hours of clinical experience in a hospital
or community mental health setting, as defined in Section 1820 of
Title 16 of the California Code of Regulations.
(6) Not more than a combined total of 1,250 hours of experience in
the following related activities:
(A) Direct supervisor contact.
(B) Client centered advocacy.
(C) Not more than 250 hours of experience administering tests and
evaluating psychological tests of clients, writing clinical reports,
writing progress notes, or writing process notes.
(D) Not more than 250 hours of verified attendance at workshops,
seminars, training sessions, or conferences directly related to
professional clinical counseling that are approved by the applicant's
supervisor.
(c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.
(d) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is registered as an intern by the board.
(e) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional clinical counseling.
(f) Experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Experience obtained under
the supervision of a supervisor with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
(g) Except for experience gained pursuant to subparagraph (D) of
paragraph (6) of subdivision (b), supervision shall include at least
one hour of direct supervisor contact in each week for which
experience is credited in each work setting.
(1) No more than six hours of supervision, whether individual or
group, shall be credited during any single week. This paragraph shall
apply to supervision hours gained on or after January 1, 2009.
(2) An intern shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons in segments lasting no less than one continuous
hour.
(4) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable, may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(h) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 3. Section 4999.46 of the Business and Professions Code, as
amended by Section 56 of Chapter 473 of the Statutes of 2013, is
amended to read:
4999.46. (a) To qualify for the licensure examination specified
by paragraph (2) of subdivision (a) of Section 4999.53, applicants
shall complete clinical mental health experience under the general
supervision of an approved supervisor as defined in Section 4999.12.
(b) The experience shall include a minimum of 3,000 postdegree
hours of supervised clinical mental health experience related to the
practice of professional clinical counseling, performed over a period
of not less than two years (104 weeks), which shall include:
(1) Not more than 40 hours in any seven consecutive days.
(2) Not less than 1,750 hours of direct counseling with
individuals, groups, couples, or families in a setting described in
Section 4999.44 using a variety of psychotherapeutic techniques and
recognized counseling interventions within the scope of practice of
licensed professional clinical counselors.
(3) Not more than 500 hours of experience providing group therapy
or group counseling.
(4) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telehealth in accordance with Section 2290.5.
(5) Not less than 150 hours of clinical experience in a hospital
or community mental health setting, as defined in Section 1820 of
Title 16 of the California Code of Regulations.
(6) Not more than a combined total of 1,250 hours of experience in
the following related activities:
(A) Direct supervisor contact.
(B) Client centered advocacy.
(C) Not more than 250 hours of experience administering tests and
evaluating psychological tests of clients, writing clinical reports,
writing progress notes, or writing process notes.
(D) Not more than 250 hours of verified attendance at workshops,
seminars, training sessions, or conferences directly related to
professional clinical counseling that are approved by the applicant's
supervisor.
(c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.
(d) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is registered as an intern by the board.
(e) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional clinical counseling.
(f) Experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Experience obtained under
the supervision of a supervisor with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
(g) Except for experience gained pursuant to subparagraph (D) of
paragraph (6) of subdivision (b), supervision shall include at least
one hour of direct supervisor contact in each week for which
experience is credited in each work setting.
(1) No more than six hours of supervision, whether individual or
group, shall be credited during any single week. This paragraph shall
apply to supervision hours gained on or after January 1, 2009.
(2) An intern shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons in segments lasting no less than one continuous
hour.
(4) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable, may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(h) This section shall become operative on January 1, 2016.
