BILL NUMBER: AB 234 CHAPTERED
BILL TEXT
CHAPTER 586
FILED WITH SECRETARY OF STATE OCTOBER 13, 2007
APPROVED BY GOVERNOR OCTOBER 13, 2007
PASSED THE SENATE SEPTEMBER 7, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE AUGUST 27, 2007
AMENDED IN SENATE JUNE 13, 2007
AMENDED IN ASSEMBLY APRIL 19, 2007
AMENDED IN ASSEMBLY MARCH 15, 2007
INTRODUCED BY Assembly Member Eng
JANUARY 30, 2007
An act to amend Sections 4980.03, 4980.43, 4980.45, 4980.90,
4989.20, 4989.34, and 4989.44 of the Business and Professions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 234, Eng. Professions and vocations: family therapists and
psychologists.
Existing law makes the Board of Behavioral Sciences responsible
for licensing and regulating the practice of marriage and family
therapy and makes a violation of these provisions a crime.
Existing law requires an applicant for the marriage and family
therapist licensure examination to complete specified experience,
with limits on the amount of experience that may be earned in certain
areas of emphasis, including professional enrichment activities, and
subject to various hourly limitations.
This bill would impose a 125-hour limitation on experience earned
providing personal psychotherapy services via telemedicine, as
defined, and would modify the definition of professional enrichment
activities for these purposes.
Under existing law, trainees and interns may have no proprietary
interest in their employer's business.
This bill would additionally provide that trainees and interns may
not lease or rent space, pay for furnishings, equipment or supplies,
or in any other way pay for the obligations of their employers. By
revising this provision, this bill would expand the scope of an
existing crime, thereby imposing a state-mandated local program.
Existing law provides that education gained outside of California
applies toward the marriage and family therapist licensure
requirements.
This bill would instead specify that education gained while
residing outside of California applies toward the licensure
requirements.
Existing law provides for the regulation and licensure of
educational psychologists by the board. Existing law authorizes the
board to issue a license as an educational psychologist if the
applicant meets specified requirements. Existing law requires a
licensee to complete 60 hours of continuing education in order to
renew his or her license. Existing law exempts from the continuing
education requirement a licensee who possesses a current pupil
personnel services credential issued on or after July 1, 1994.
This bill would revise the educational and experience requirements
that an applicant is required to meet in order to be licensed by the
board as an educational psychologist. The bill would instead require
a licensee to complete 36 hours of continuing education in order to
renew his or her license. The bill would also remove the exemption
from the continuing education requirement for a licensee who
possesses a current pupil personnel service credential issued on or
after July 1, 1994.
The bill would make other technical and conforming changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4980.03 of the Business and Professions Code is
amended to read:
4980.03. (a) "Board," as used in this chapter, means the Board of
Behavioral Sciences.
(b) "Intern," as used in this chapter, means an unlicensed person
who has earned his or her master's or doctor's degree qualifying him
or her for licensure and is registered with the board.
(c) "Trainee," as used in this chapter, means an unlicensed person
who is currently enrolled in a master's or doctor's degree program,
as specified in Section 4980.40, that is designed to qualify him or
her for licensure under this chapter, and who has completed no less
than 12 semester units or 18 quarter units of coursework in any
qualifying degree program.
(d) "Applicant," as used in this chapter, means an unlicensed
person who has completed a master's or doctoral degree program, as
specified in Section 4980.40, and whose application for registration
as an intern is pending, or an unlicensed person who has completed
the requirements for licensure as specified in this chapter, is no
longer registered with the board as an intern, and is currently in
the examination process.
(e) "Advertise," as used in this chapter, includes, but is not
limited to, 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 or magazine or in
any directory, or any printed matter whatsoever, with or without any
limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting. Signs within church
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.
(f) "Experience," as used in this chapter, means experience in
interpersonal relationships, psychotherapy, marriage and family
therapy, and professional enrichment activities that satisfies the
requirement for licensure as a marriage and family therapist pursuant
to Section 4980.40.
(g) "Supervisor," as used in this chapter, means an individual who
meets all of the following requirements:
(1) Has been licensed by a state regulatory agency for at least
two years as a marriage and family therapist, licensed clinical
social worker, licensed psychologist, or licensed physician certified
in psychiatry by the American Board of Psychiatry and Neurology.
(2) Has not provided therapeutic services to the trainee or
intern.
(3) Has a current and valid license that is not under suspension
or probation.
(4) Complies with supervision requirements established by this
chapter and by board regulations.
SEC. 2. 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 doctor's
degree.
(4) Not more than 1,300 hours of experience obtained prior to
completing a master's or doctor's degree. This experience shall be
composed as follows:
(A) Not more than 750 hours of counseling and direct supervisor
contact.
(B) Not more than 250 hours of professional enrichment activities,
excluding personal psychotherapy as described in paragraph (2) of
subdivision (l).
(C) Not more than 100 hours of personal psychotherapy as described
in paragraph (2) of subdivision (l). The applicant shall be credited
for three hours of experience for each hour of personal
psychotherapy.
(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 gained more than six years prior to the
date the application for licensure was filed, except that up to 500
hours of clinical experience gained in the supervised practicum
required by subdivision (b) of Section 4980.40 shall be exempt from
this six-year requirement.
(7) Not more than a total of 1,000 hours of experience for direct
supervisor contact and professional enrichment activities.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) Not more than 250 hours of postdegree experience administering
and evaluating psychological tests of counselees, writing clinical
reports, writing progress notes, or writing process notes.
(10) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
(11) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children.
(12) Not more than 125 hours of experience providing personal
psychotherapy services via telemedicine in accordance with Section
2290.5.
(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 either 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.
(c) 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.
(2) Each individual supervised after being granted a qualifying
degree shall receive an average of at least one hour of direct
supervisor contact for every 10 hours of client contact 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.
(4) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation. The 5-to-1 and 10-to-1 ratios
specified in this subdivision shall be applicable to all hours gained
on or after January 1, 1995.
(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 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 doctor's 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.
(l) For purposes of this chapter, "professional enrichment
activities" includes the following:
(1) 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.
(2) Participation by the applicant in personal psychotherapy which
includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional.
SEC. 3. Section 4980.45 of the Business and Professions Code is
amended to read:
4980.45. (a) A licensed professional in private practice who has
satisfied the requirements of subdivision (g) of Section 4980.03 may
supervise or employ, at any one time, no more than two unlicensed
marriage and family therapist registered interns in that private
practice.
(b) A marriage and family therapy corporation may employ, at any
one time, no more than two registered interns for each employee or
shareholder who has satisfied the requirements of subdivision (g) of
Section 4980.03. In no event shall any corporation employ, at any one
time, more than 10 registered interns. In no event shall any
supervisor supervise, at any one time, more than two registered
interns. Persons who supervise interns shall be employed full time by
the professional corporation and shall be actively engaged in
performing professional services at and for the professional
corporation. Employment and supervision within a marriage and family
therapy corporation shall be subject to all laws and regulations
governing experience and supervision gained in a private practice
setting.
SEC. 4. Section 4980.90 of the Business and Professions Code is
amended to read:
4980.90. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to that required by this chapter and if the applicant has
gained a minimum of 250 hours of supervised experience in direct
counseling within California while registered as an intern with the
board.
(b) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed all of the following:
(1) A two semester- or three quarter-unit course in California law
and professional ethics for marriage, family, and child counselors
that shall include areas of study as specified in Section 4980.41.
(2) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in
sexuality as specified in Section 25 and any regulations promulgated
thereunder.
(4) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(5) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
(B) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(6) On and after January 1, 2003, a minimum of a two semester- or
three quarter-unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(7) On and after January 1, 2003, a minimum of a two semester- or
three quarter-unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(8) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
(c) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant has been granted a degree in a single integrated program
primarily designed to train marriage, family, and child counselors
and if the applicant's education meets the requirements of Sections
4980.37 and 4980.40. The degree title and number of units in the
degree program need not be identical to those required by subdivision
(a) of Section 4980.40. If the applicant's degree does not contain
the number of units required by subdivision (a) of Section 4980.40,
the board may, in its discretion, accept the applicant's education as
substantially equivalent if the applicant's degree otherwise
complies with this section and the applicant completes the units
required by subdivision (a) of Section 4980.40.
SEC. 5. Section 4989.20 of the Business and Professions Code is
amended to read:
4989.20. (a) The board may issue a license as an educational
psychologist if the applicant satisfies, with proof satisfactory to
the board, the following requirements:
(1) Possession of, at minimum, a master's degree in psychology,
educational psychology, school psychology, counseling and guidance,
or a degree deemed equivalent by the board. This degree shall be
obtained from an educational institution approved by the board
according to the regulations adopted under this chapter.
(2) Attainment of 18 years of age.
(3) No commission of an act or crime constituting grounds for
denial of licensure under Section 480.
(4) Successful completion of 60 semester hours of postgraduate
work in pupil personnel services.
(5) Two years of full-time, or the equivalent to full-time,
experience as a credentialed school psychologist in the public
schools. The applicant shall not be credited with experience obtained
more than six years prior to filing the application for licensure.
(6) One of the following:
(A) One year of supervised professional experience in an
accredited school psychology program.
(B) In addition to the requirements of paragraph (5), one year of
full-time, or the equivalent to full-time, experience as a
credentialed school psychologist in the public schools obtained under
the direction of a licensed educational psychologist or a licensed
psychologist.
(7) Passage of an examination specified by the board.
SEC. 6. Section 4989.34 of the Business and Professions Code is
amended to read:
4989.34. (a) To renew his or her license, a licensee shall
certify to the board, on a form prescribed by the board, completion
in the preceding two years of not less than 36 hours of approved
continuing education in, or relevant to, educational psychology.
(b) (1) The continuing education shall be obtained from either an
accredited university or a continuing education provider approved by
the board.
(2) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education shall comply with procedures
established by the board. The board may revoke or deny the right of a
provider to offer continuing education coursework pursuant to this
section for failure to comply with the requirements of this section
or any regulation adopted pursuant to this section.
(c) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of educational psychology.
(2) Aspects of the discipline of educational psychology in which
significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of educational psychology.
(d) The board may audit the records of a licensee to verify
completion of the continuing education requirement. A licensee shall
maintain records of the completion of required continuing education
coursework for a minimum of two years and shall make these records
available to the board for auditing purposes upon its request.
(e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as determined
by the board.
(f) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The amount of the fees
shall be sufficient to meet, but shall not exceed, the costs of
administering this section.
(g) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 7. Section 4989.44 of the Business and Professions Code is
amended to read:
4989.44. (a) A licensee may apply to the board to request that
his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter
and shall not engage in the practice of educational psychology in
this state.
(c) A licensee who holds an inactive license shall pay a biennial
fee of one-half of the amount of the standard renewal fee.
(d) A licensee on inactive status who has not committed an act or
crime constituting grounds for denial of licensure may, upon request,
restore his or her license to practice educational psychology to
active status. A licensee requesting that his or her license be
placed on active status between renewal cycles shall pay the
remaining one-half of his or her renewal fee. A licensee requesting
to restore his or her license to active status, whose license will
expire less than one year from the date of the request, shall
complete 18 hours of continuing education as specified in Section
4989.34. A licensee requesting to restore his or her license to
active status, whose license will expire more than one year from the
date of the request, shall complete 36 hours of continuing education
as specified in Section 4989.34.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.