BILL NUMBER: AB 894 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member La Suer
FEBRUARY 18, 2005
An act to add Chapter 13.5 (commencing with Section 4989.1) to
Division 2 of the Business and Professions Code, relating to
professional counselors.
LEGISLATIVE COUNSEL'S DIGEST
AB 894, as introduced, La Suer. Licensed professional
counselors.
Existing law provides for the licensing and regulation of marriage
and family therapists and social workers by the Board of Behavioral
Science, in the Department of Consumer Affairs.
This bill would provide for the licensing and regulation of
professional counselors by the Board of Behavioral Sciences. The bill
would require the Governor to appoint 2 additional persons to the
board. The bill would enact various related provisions on the
practice of professional counselors.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 13.5 (commencing with Section 4989.1) is added
to Division 2 of the Business and Professions Code , to read:
CHAPTER 13.5. PROFESSIONAL COUNSELORS
4989.1. For purposes of this section, the following terms have
the following meanings:(a) "Applicant" means an unlicensed person who
has completed a master's or doctoral degree program in counseling or
a related field, has met the experience and examination requirements
specified in this chapter, and whose application for licensure is
pending.
(b) "Approved Supervisor" means a licensed professional counselor,
licensed marriage and family therapist, licensed clinical
psychologist, licensed clinical social worker, or licensed education
psychologist who has documented two years of clinical experience and
has received professional training in supervision under approved
providers.
(c) "Assessment" means selecting, administering, scoring, and
interpreting psychological and educational instruments designed to
assess an individual's attitudes, abilities, achievements, interests,
personal characteristics, disabilities, and mental, emotional, and
behavioral disorders and the use of methods and techniques for
understanding human behavior in relation to coping with, adapting to,
or changing life situations.
(d) "Board" means the Board of Behavioral Sciences.
(e) "Counseling degree" means completion of a minimum of 48
graduate semester units/hours/credits in counseling, or a related
degree, from a regionally accredited institution of higher education,
and includes an earned master's degree in counseling, or a related
degree, consisting of 48 semester units/hours/credits, or an earned
doctoral degree in counseling, or a related degree.
(1) The 48 semester units/hours/credits should include the
equivalent of at least 3 semester units/hours/credits of study in
each of the following areas:
(A) Helping relationships, including counseling theory and
practice.
(B) Human growth and development.
(C) Lifestyle and career development.
(D) Group dynamics, processes, counseling, and consulting.
(E) Assessment, appraisal, testing of individuals.
(F) Social and cultural foundation, including multicultural
issues.
(G) Principles of diagnosis, treatment planning, and prevention of
mental and emotional disorders and dysfunctional behavior.
(H) Research and evaluation.
(I) Professional orientation and ethics in counseling, and
supervised practicum/internship experience in a counseling setting.
(2) An applicant who is deficient in curricular areas or in
units/hours/credits pursuant to this section may satisfy the
requirements by successfully completing post-master's or post
doctoral degree coursework that includes three semester
units/hours/credits of study in each of the areas listed in
subparagraphs (A) to (I), inclusive, of paragraph (1).
(3) On January 1, 2011, the minimum number of units/hours/credits
required to constitute a counseling degree under this chapter shall
increase to 60, and shall include a 48-unit master's degree.
(f) "Counseling treatment interventions" means the application of
cognitive, affective, behavioral, or holistic counseling strategies
that include principles of development, wellness, and pathology that
reflect a pluralistic society. Such interventions are specifically
implemented in the context of a professional counseling relationship
and use a variety of counseling theories and approaches.
(g) "Licensed professional counselor" or "LPC" means a person
licensed under this chapter to practice professional counseling, as
defined.
(h) "Passing of a live scan fingerprint check" means that the
fingerprint result provided by the Department of Justice or the FBI
indicates that the applicant has no criminal convictions, or that any
criminal conviction provided to the board has been evaluated and
cleared by appropriate board staff.
(i) "National examination organizations" means the National Board
for Certified Counselors (NBCC) and the Commission on Rehabilitation
Counselor Certification (CRCC).
(j) "Professional counseling" means the application of mental
health, psychological, and human development principles in order to
do any of the following:
(1) Facilitate human development and adjustment throughout the
life span.
(2) Prevent, diagnose, and treat mental, emotional, or behavioral
disorders and associated distresses that interfere with mental
health.
(3) Conduct assessments and diagnoses for the purpose of
establishing treatment goals and objectives.
(4) Plan, implement, and evaluate treatment plans using counseling
treatment interventions.
(k) "Related degree" means a degree related to counseling,
including, but not limited to, a degree in rehabilitation,
psychology, art therapy, social work, marriage and family therapy,
school counseling or psychology, dance or movement therapy, or career
development.
(l) "Supervised experience" means that the applicant has acquired
a minimum of 3,000 hours of experience in the practice of
professional counseling, as defined, performed over a period of not
less than two years and under the supervision of an approved
supervisor. On and after January 1, 2008, at least 50 percent of the
experience shall be under the supervision of a licensed professional
counselor.
4989.2. The practice of professional counseling includes, but is
not limited to, all of the following:(a) Individual counseling,
group counseling, family counseling, and psychotherapy.
(b) Assessment, diagnosis, and treatment of persons with mental
and emotional disorders.
(c) Crisis intervention.
(d) Guidance and consulting to facilitate normal growth and
development, including educational and career development.
(e) Utilization of functional assessment and counseling for
persons requesting assistance in adjustment to a disability or a
handicapping condition.
(f) Consulting regarding any of the subjects listed in
subdivisions (a) to (e), inclusive.
(g) Research in any of the subjects listed in subdivisions (a) to
(e), inclusive.
(h) Referral with regard to any of the subjects listed in
subdivisions (a) to (e), inclusive.
4989.3. It is unlawful for a person to engage in the practice of
professional counseling or to represent himself or herself as a
licensed professional counselor without first having complied with
the provisions of this chapter, and without holding a valid license
as required by this chapter.
4989.4. The board may issue a license in professional counseling
to any person who meets all of the following requirements:(a) He or
she has received a master's or doctorate degree in counseling, or a
related degree, from a regionally accredited institution of higher
education.
(b) He or she has completed 3,000 hours of supervised experience
in the practice of professional counseling.
(c) He or she provides evidence of satisfactory performance on the
National Counselor Examination for Licensure and Certification
(NCE), the Certified Rehabilitation Counselor Examination (CRCE), or
the National Clinical Mental Health Counseling Examination (NCMHCE).
(d) He or she meets the board's regulatory requirements for
counselor licensure.
4989.5. During the first 12 months following January 1, 2006, the
board may issue a license to any person who applies for a license
provided that he or she meets either of the following criteria:(a) He
or she meets all of the following requirements:
(1) Has a graduate degree in counseling, or a related counseling
degree, from a regionally accredited institution of higher education.
If the person's degree does not include coursework in all nine
subject areas required by this chapter, he or she shall provide
documentation that he or she has completed the required coursework at
the two-year renewal period.
(2) Has 3,000 hours of documented, supervised experience.
Documented experience in counseling practice for at least five of the
preceding eight years may be substituted for the 3,000 hours of
documented, supervised experience.
(3) Has a passing score on the National Certified Counselor
Examination for Licensure and Certification (NCE), the Certified
Rehabilitation Counselor Examination (CRCE), or the National Clinical
Mental Health Counseling Examination (NCMHCE).
(b) Is currently registered as a professional counselor in the
State of California and meets the counseling degree requirement
described in paragraph (1) of subdivision (a).
4989.6. (a) In order to carry out the provisions of this chapter,
the board shall do all of the following:(1) Contract, in compliance
with state regulations, with a national examination organization for
the evaluation of applications and administration of the
examinations under this chapter.
(2) Maintain a registry of all licensed professional counselors.
(3) Require licensed professional counselors to complete 40 hours
of continuing education by an approved provider every two years.
(4) Investigate complaints concerning the conduct of any licensed
professional counselor.
(5) Revoke, suspend, or fail to renew a license that it has
authority to issue for just cause, as enumerated in rules and
regulations of the board.
(6) Assess fees for the issuance and renewal of licenses and to
cover administrative and operating expenses of the board related to
this chapter.
(7) Require the passing of a live scan fingerprint check prior to
the issuance of a counselor's license.
(b) The Governor shall appoint two additional persons to the board
who meet the qualifications to become licensed professional
counselors.
4989.7. A licensee shall display his or her license in a
conspicuous place in his or her primary place of practice.
4989.8. (a) Licensed professional counselors shall adhere to the
Code of Ethics and Standards of Practice, as adopted by the American
Counseling Association.(b) It is the intent of the Legislature that
any communication made by a person to a licensed professional
counselor in the course of professional services shall be deemed a
privileged communication.
4989.9. A licensed professional counselor, or his or her
employer, may not charge a client or receive remuneration for
professional counseling services unless, before the performance of
those services, the client is furnished a copy of a professional
disclosure statement, as specified in the American Counseling
Association Code of Ethics. Licensed professional counselors are
encouraged to provide to each client an accurate and informative
statement of the counselor's experience, education, specialties,
professional orientation, and any other information deemed
appropriate by the licensee.
4989.10. Nothing in this chapter shall be construed to apply to
any of the following:(a) The activities or services of a licensee of
another profession, including, but not limited to, a physician,
psychologist, marriage and family therapist, or social worker,
performing duties consistent with the laws of this state, provided he
or she does not represent himself or herself by any title or
practice description as a licensed professional counselor.
(b) An employee of a governmental entity, or of a school, college,
or university, if his or her practice is performed solely under the
supervision of the entity, school, college, or university by which he
or she is employed, and if he or she performs those functions as
part of the position for which he or she is employed.
(c) The activities and services of a student, intern, or trainee
pursuing a course of study in counseling in a regionally accredited
institution of higher education or training institution, if these
activities are performed under the supervision of an approved
supervisor and constitute a part of the supervised course of study,
provided that the person is designated as a student or intern.
(d) The activities and services of a rabbi, priest, minister, or
clergy person of any widely accepted religious denomination or sect,
provided such activities and services are within the scope of the
performance of regular or specialized ministerial duties.