BILL NUMBER: AB 2435	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 20, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  AUGUST 18, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN ASSEMBLY  APRIL 22, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010

INTRODUCED BY   Assembly Member Bonnie Lowenthal
   (Coauthor: Assembly Member Ma)

                        FEBRUARY 19, 2010

   An act to amend Sections 28, 2915.5, 2915.7, 4980.37, 4980.39,
4980.43, 4996.25, 4996.26, 4999.32, and 4999.33 of the Business and
Professions Code, relating to elder and dependent adult abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2435, Bonnie Lowenthal. Elder and dependent adult abuse.
   (1) Existing law provides for the licensing and regulation of
psychologists, professional clinical counselors, clinical social
workers, and marriage and family therapists. Existing law requires a
person applying for licensure in these professions to have completed
specified coursework or training in child abuse assessment and
reporting from certain types of institutions.
   This bill would encourage the Board of Psychology and the Board of
Behavioral Sciences to include in that training elder and dependent
adult abuse assessment and reporting, and would also apply that
training and coursework requirement to professional clinical
counselors.
   (2) Existing law, with respect to psychologists, licensed clinical
social workers, and licensed professional clinical counselors,
requires a licensee to complete, as a condition of licensure and
relicensure, specified coursework in aging.
   This bill, on and after January 1, 2012, would expand the required
coursework to additionally cover elder and dependent adult abuse
assessment and reporting.
   (3) Existing law, with respect to marriage and family therapists,
requires an applicant for licensure or registration to possess a
doctoral or master's degree in various disciplines, including
marriage, family, and child counseling, relative to applicants who
begin graduate study before August 1, 2012, and complete that study
on or before December 31, 2018.
   This bill would authorize the requisite coursework related to
developmental issues and life events to include coursework in abuse
and neglect of older and dependent adults.
   (4) Existing law requires an applicant for licensure as a marriage
and family therapist under (3) to complete a minimum of 10 contact
hours of coursework in aging and long-term care, which may include
the biological, social, and psychological aspects of aging.
   This bill, on and after January 1, 2012, would require the
coursework to include instruction on the assessment and reporting of
elder and dependent adult abuse and neglect and associated treatment.

   (5) Existing law requires an applicant for licensure as a marriage
and family counselor, prior to applying for a licensure examination,
to complete certain hours of experience.
   This bill would encourage those hours of experience to include
working with elders and dependent adults.
   (6) This bill would incorporate additional changes in Section
4980.43 of the Business and Professions Code proposed by SB 1489, to
be operative if SB 1489 and this bill become effective on or before
January 1, 2011, and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 28 of the Business and Professions Code is
amended to read:
   28.  The Legislature finds that there is a need to ensure that
professionals of the healing arts who have demonstrable contact with
victims and potential victims of child, elder, and dependent adult
abuse, and abusers and potential abusers of children, elders, and
dependent adults are provided with adequate and appropriate training
regarding the assessment and reporting of child, elder, and dependent
adult abuse which will ameliorate, reduce, and eliminate the trauma
of abuse and neglect and ensure the reporting of abuse in a timely
manner to prevent additional occurrences.
   The Board of Psychology and the Board of Behavioral Sciences shall
establish required training in the area of child abuse assessment
and reporting for all persons applying for initial licensure and
renewal of a license as a psychologist, clinical social worker,
professional clinical counselor, or marriage and family therapist.
This training shall be required one time only for all persons
applying for initial licensure or for licensure renewal.
   All persons applying for initial licensure or renewal of a license
as a psychologist, clinical social worker, professional clinical
counselor, or marriage and family therapist shall, in addition to all
other requirements for licensure or renewal, have completed
coursework or training in child abuse assessment and reporting that
meets the requirements of this section, including detailed knowledge
of the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing
with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal
Code). The training shall meet all of the following requirements:
   (a) Be obtained from one of the following sources:
   (1) An accredited or approved educational institution, as defined
in Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12, including
extension courses offered by those institutions.
   (2) A continuing education provider approved by the responsible
board.
   (3) A course sponsored or offered by a professional association or
a local, county, or state department of health or mental health for
continuing education and approved by the responsible board.
   (b) Have a minimum of seven contact hours.
   (c) Include the study of the assessment and method of reporting of
sexual assault, neglect, severe neglect, general neglect, willful
cruelty or unjustifiable punishment, corporal punishment or injury,
and abuse in out-of-home care. The training shall also include
physical and behavioral indicators of abuse, crisis counseling
techniques, community resources, rights and responsibilities of
reporting, consequences of failure to report, caring for a child's
needs after a report is made, sensitivity to previously abused
children and adults, and implications and methods of treatment for
children and adults.
   (d) An applicant shall provide the appropriate board with
documentation of completion of the required child abuse training.
   The Board of Psychology and the Board of Behavioral Sciences shall
exempt an applicant who applies for an exemption from the
requirements of this section and who shows to the satisfaction of the
board that there would be no need for the training in his or her
practice because of the nature of that practice.
   It is the intent of the Legislature that a person licensed as a
psychologist, clinical social worker, professional clinical
counselor, or marriage and family therapist have minimal but
appropriate training in the areas of child, elder, and dependent
adult abuse assessment and reporting. It is not intended that by
solely complying with the requirements of this section, a
practitioner is fully trained in the subject of treatment of child,
elder, and dependent adult abuse victims and abusers.
   The Board of Psychology and the Board of Behavioral Sciences are
encouraged to include coursework regarding the assessment and
reporting of elder and dependent adult abuse in the required training
on aging and long-term care issues prior to licensure or license
renewal.
  SEC. 2.  Section 2915.5 of the Business and Professions Code is
amended to read:
   2915.5.  (a) Any applicant for licensure as a psychologist who
began graduate study on or after January 1, 2004, shall complete, as
a condition of licensure, a minimum of 10 contact hours of coursework
in aging and long-term care, which may include, but need not be
limited to, the biological, social, and psychological aspects of
aging. On and after January 1, 2012, this coursework shall include
instruction on the assessment and reporting of, as well as treatment
related to, elder and dependent adult abuse and neglect.
   (b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
   (c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
   (d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.
  SEC. 3.  Section 2915.7 of the Business and Professions Code is
amended to read:
   2915.7.  (a) A licensee who began graduate study prior to January
1, 2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the board
evidence acceptable to the board of the person's satisfactory
completion of that course.
   (b) The course should include, but is not limited to, the
biological, social, and psychological aspects of aging. On and after
January 1, 2012, this coursework shall include instruction on the
assessment and reporting of, as well as treatment related to, elder
and dependent adult abuse and neglect.
   (c) Any person seeking to meet the requirements of subdivision (a)
of this section may submit to the board a certificate evidencing
completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent
teaching or practice experience. The board, in its discretion, may
accept that certification as meeting the requirements of this
section.
   (d) The board may not renew an applicant's license until the
applicant has met the requirements of this section.
   (e) A licensee whose practice does not include the direct
provision of mental health services may apply to the board for an
exception to the requirements of this section.
  SEC. 4.  Section 4980.37 of the Business and Professions Code is
amended to read:
   4980.37.  (a) This section shall apply to applicants for licensure
or registration who begin graduate study before August 1, 2012, and
complete that study on or before December 31, 2018. Those applicants
may alternatively qualify under paragraph (2) of subdivision (a) of
Section 4980.36.
   (b) To qualify for a license or registration, applicants shall
possess a doctor's or master's degree in marriage, family, and child
counseling, marriage and family therapy, psychology, clinical
psychology, counseling psychology, or counseling with an emphasis in
either marriage, family, and child counseling or marriage and family
therapy, obtained from a school, college, or university accredited by
a regional accrediting agency recognized by the United States
Department of Education or approved by the Bureau for Private
Postsecondary and Vocational Education. The board has the authority
to make the final determination as to whether a degree meets all
requirements, including, but not limited to, course requirements,
regardless of accreditation or approval. In order to qualify for
licensure pursuant to this section, a doctor's or master's degree
program shall be a single, integrated program primarily designed to
train marriage and family therapists and shall contain no less than
48 semester or 72 quarter units of instruction. This instruction
shall include no less than 12 semester units or 18 quarter units of
coursework in the areas of marriage, family, and child counseling,
and marital and family systems approaches to treatment. The
coursework shall include all of the following areas:
   (1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
   (2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
   (3) Developmental issues and life events from infancy to old age
and their effect on individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, abuse
and neglect of older and dependent adults, and geropsychology.
   (4) A variety of approaches to the treatment of children.
   The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
   (c) (1) In addition to the 12 semester or 18 quarter units of
coursework specified in subdivision (b), the doctor's or master's
degree program shall contain not less than six semester or nine
quarter units of supervised practicum in applied psychotherapeutic
technique, assessments, diagnosis, prognosis, and treatment of
premarital, couple, family, and child relationships, including
dysfunctions, healthy functioning, health promotion, and illness
prevention, in a supervised clinical placement that provides
supervised fieldwork experience within the scope of practice of a
marriage and family therapist.
   (2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
   (3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
   (d) As an alternative to meeting the qualifications specified in
subdivision (b), the board shall accept as equivalent degrees those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
   (e) In order to provide an integrated course of study and
appropriate professional training, while allowing for innovation and
individuality in the education of marriage and family therapists, a
degree program that meets the educational qualifications for
licensure or registration under this section shall do all of the
following:
   (1) Provide an integrated course of study that trains students
generally in the diagnosis, assessment, prognosis, and treatment of
mental disorders.
   (2) Prepare students to be familiar with the broad range of
matters that may arise within marriage and family relationships.
   (3) Train students specifically in the application of marriage and
family relationship counseling principles and methods.
   (4) Encourage students to develop those personal qualities that
are intimately related to the counseling situation such as integrity,
sensitivity, flexibility, insight, compassion, and personal
presence.
   (5) Teach students a variety of effective psychotherapeutic
techniques and modalities that may be utilized to improve, restore,
or maintain healthy individual, couple, and family relationships.
   (6) Permit an emphasis or specialization that may address any one
or more of the unique and complex array of human problems, symptoms,
and needs of Californians served by marriage and family therapists.
   (7) Prepare students to be familiar with cross-cultural mores and
values, including a familiarity with the wide range of racial and
ethnic backgrounds common among California's population, including,
but not limited to, Blacks, Hispanics, Asians, and Native Americans.
   (f) Educational institutions are encouraged to design the
practicum required by this section to include marriage and family
therapy experience in low-income and multicultural mental health
settings.
   (g) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
  SEC. 5.  Section 4980.39 of the Business and Professions Code is
amended to read:
   4980.39.  (a) An applicant for licensure whose education qualifies
him or her under Section 4980.37 shall complete, as a condition of
licensure, a minimum of 10 contact hours of coursework in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging. On and after
January 1, 2012, this coursework shall include instruction on the
assessment and reporting of, as well as treatment related to, elder
and dependent adult abuse and neglect.
   (b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
   (c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
   (d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.
   (e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
  SEC. 6.  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 supervised experience obtained
prior to completing a master's or doctor's 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 doctor's 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 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 1,250 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.
   (C) Client centered advocacy.
   (8) Not more than 500 hours of experience providing group therapy
or group counseling.
   (9) Not more than 250 hours of experience administering and
evaluating psychological tests, writing clinical reports, writing
progress notes, or writing process notes.
   (10) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children. For the first 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
telemedicine 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.
   (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.
   (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) 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) 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 five 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.
   (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.
  SEC. 6.5.  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 1,250 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.
   (C) Client centered advocacy.
   (8) Not more than 500 hours of experience providing group therapy
or group counseling.
   (9) Not more than 250 hours of experience administering and
evaluating psychological tests, writing clinical reports, writing
progress notes, or writing process notes.
   (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
telemedicine 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 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.
   (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) 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) 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 five 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.
   (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 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. 7.  Section 4996.25 of the Business and Professions Code is
amended to read:
   4996.25.  (a) Any applicant for licensure as a licensed clinical
social worker who began graduate study on or after January 1, 2004,
shall complete, as a condition of licensure, a minimum of 10 contact
hours of coursework in aging and long-term care, which could include,
but is not limited to, the biological, social, and psychological
aspects of aging. On and after January 1, 2012, this coursework shall
include instruction on the assessment and reporting of, as well as
treatment related to, elder and dependent adult abuse and neglect.
   (b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
   (c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
   (d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.
  SEC. 8.  Section 4996.26 of the Business and Professions Code is
amended to read:
   4996.26.  (a) A licensee who began graduate study prior to January
1, 2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the board
evidence acceptable to the board of the person's satisfactory
completion of the course.
   (b) The course shall include, but is not limited to, the
biological, social, and psychological aspects of aging. On and after
January 1, 2012, this coursework shall include instruction on the
assessment and reporting of, as well as treatment related to, elder
and dependent adult abuse and neglect.
   (c) Any person seeking to meet the requirements of subdivision (a)
of this section may submit to the board a certificate evidencing
completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent
teaching or practice experience. The board, in its discretion, may
accept that certification as meeting the requirements of this
section.
   (d) The board may not renew an applicant's license until the
applicant has met the requirements of this section.
   (e) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required in Section 4996.22.
   (f) This section shall become operative on January 1, 2005.
  SEC. 9.  Section 4999.32 of the Business and Professions Code is
amended to read:
   4999.32.  (a) This section shall apply to applicants for
examination eligibility or registration who begin graduate study
before August 1, 2012, and complete that study on or before December
31, 2018. Those applicants may alternatively qualify under paragraph
(2) of subdivision (a) of Section 4999.33.
   (b) To qualify for examination eligibility or registration,
applicants shall possess a master's or doctoral degree that is
counseling or psychotherapy in content and that meets the
requirements of this section, obtained from an accredited or approved
institution, as defined in Section 4999.12. For purposes of this
subdivision, a degree is "counseling or psychotherapy in content" if
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and, except as provided
in subdivision (d), the coursework in the core content areas listed
in subparagraphs (A) to (I), inclusive, of paragraph (1) of
subdivision (c).
   (c) The degree described in subdivision (b) shall contain not less
than 48 graduate semester or 72 graduate quarter units of
instruction, which shall, except as provided in subdivision (d),
include all of the following:
   (1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in each of following core
content areas:
   (A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
   (B) Human growth and development across the lifespan, including
normal and abnormal behavior and an understanding of developmental
crises, disability, psychopathology, and situational and
environmental factors that affect both normal and abnormal behavior.
   (C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family, and other life roles and factors, including the
role of multicultural issues in career development.
   (D) Group counseling theories and techniques, including principles
of group dynamics, group process components, developmental stage
theories, therapeutic factors of group work, group leadership styles
and approaches, pertinent research and literature, group counseling
methods, and evaluation of effectiveness.
   (E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistical concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
   (F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
   (G) Principles of the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
   (H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
   (I) Professional orientation, ethics, and law in counseling,
including professional ethical standards and legal considerations,
licensing law and process, regulatory laws that delineate the
profession's scope of practice, counselor-client privilege,
confidentiality, the client dangerous to self or others, treatment of
minors with or without parental consent, relationship between
practitioner's sense of self and human values, functions and
relationships with other human service providers, strategies for
collaboration, and advocacy processes needed to address institutional
and social barriers that impede access, equity, and success for
clients.
   (2) In addition to the course requirements described in paragraph
(1), a minimum of 12 semester units or 18 quarter units of advanced
coursework to develop knowledge of specific treatment issues, special
populations, application of counseling constructs, assessment and
treatment planning, clinical interventions, therapeutic
relationships, psychopathology, or other clinical topics.
   (3) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical setting that provides a range of professional clinical
counseling experience, including the following:
   (A) Applied psychotherapeutic techniques.
   (B) Assessment.
   (C) Diagnosis.
   (D) Prognosis.
   (E) Treatment.
   (F) Issues of development, adjustment, and maladjustment.
   (G) Health and wellness promotion.
   (H) Other recognized counseling interventions.
   (I) A minimum of 150 hours of face-to-face supervised clinical
experience counseling individuals, families, or groups.
   (d) (1) An applicant whose degree is deficient in no more than two
of the required areas of study listed in subparagraphs (A) to (I),
inclusive, of paragraph (1) of subdivision (c) may satisfy those
deficiencies by successfully completing post-master's or postdoctoral
degree coursework at an accredited or approved institution, as
defined in Section 4999.12.
   (2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (I), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
   (3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.
   (e) In addition to the degree described in this section, or as
part of that degree, an applicant shall complete the following
coursework or training prior to registration as an intern:
   (1) A minimum of 15 contact hours of instruction in alcoholism and
other chemical substance abuse dependency, as specified by
regulation.
   (2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
   (3) A two semester unit or three quarter unit survey course in
psychopharmacology.
   (4) A minimum of 15 contact hours of instruction in spousal or
partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics.
   (5) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations adopted thereunder.
   (6) A minimum of 18 contact hours of instruction in California law
and professional ethics for professional clinical counselors. When
coursework in a master's or doctoral degree program is acquired to
satisfy this requirement, it shall be considered as part of the 48
semester unit or 72 quarter unit requirement in subdivision (c).
   (7) A minimum of 10 contact hours of instruction in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging. On and after
January 1, 2012, this coursework shall include instruction on the
assessment and reporting of, as well as treatment related to, elder
and dependent adult abuse and neglect.
   (8) A minimum of 15 contact hours of instruction in crisis or
trauma counseling, including multidisciplinary responses to crises,
emergencies, or disasters, and brief, intermediate, and long-term
approaches.
   (f) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2019, deletes or extends that
date.
  SEC. 10.  Section 4999.33 of the Business and Professions Code is
amended to read:
   4999.33.  (a) This section shall apply to the following:
   (1) Applicants for examination eligibility or registration who
begin graduate study before August 1, 2012, and do not complete that
study on or before December 31, 2018.
   (2) Applicants for examination eligibility or registration who
begin graduate study before August 1, 2012, and who graduate from a
degree program that meets the requirements of this section.
   (3) Applicants for examination eligibility or registration who
begin graduate study on or after August 1, 2012.
   (b) To qualify for examination eligibility or registration,
applicants shall possess a master's or doctoral degree that is
counseling or psychotherapy in content and that meets the
requirements of this section, obtained from an accredited or approved
institution, as defined in Section 4999.12. For purposes of this
subdivision, a degree is "counseling or psychotherapy in content" if
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and, except as provided
in subdivision (f), the coursework in the core content areas listed
in subparagraphs (A) to (M), inclusive, of paragraph (1) of
subdivision (c).
   (c) The degree described in subdivision (b) shall contain not less
than 60 graduate semester or 90 graduate quarter units of
instruction, which shall, except as provided in subdivision (f),
include all of the following:
   (1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in all of the following core
content areas:
   (A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
   (B) Human growth and development across the lifespan, including
normal and abnormal behavior and an understanding of developmental
crises, disability, psychopathology, and situational and
environmental factors that affect both normal and abnormal behavior.
   (C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family, and other life roles and factors, including the
role of multicultural issues in career development.
   (D) Group counseling theories and techniques, including principles
of group dynamics, group process components, group developmental
stage theories, therapeutic factors of group work, group leadership
styles and approaches, pertinent research and literature, group
counseling methods, and evaluation of effectiveness.
   (E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistical concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
   (F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
   (G) Principles of the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
   (H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
   (I) Professional orientation, ethics, and law in counseling,
including California law and professional ethics for professional
clinical counselors, professional ethical standards and legal
considerations, licensing law and process, regulatory laws that
delineate the profession's scope of practice, counselor-client
privilege, confidentiality, the client dangerous to self or others,
treatment of minors with or without parental consent, relationship
between practitioner's sense of self and human values, functions and
relationships with other human service providers, strategies for
collaboration, and advocacy processes needed to address institutional
and social barriers that impede access, equity, and success for
clients.
   (J) Psychopharmacology, including the biological bases of
behavior, basic classifications, indications, and contraindications
of commonly                                               prescribed
psychopharmacological medications so that appropriate referrals can
be made for medication evaluations and so that the side effects of
those medications can be identified.
   (K) Addictions counseling, including substance abuse, co-occurring
disorders, and addiction, major approaches to identification,
evaluation, treatment, and prevention of substance abuse and
addiction, legal and medical aspects of substance abuse, populations
at risk, the role of support persons, support systems, and community
resources.
   (L) Crisis or trauma counseling, including crisis theory;
multidisciplinary responses to crises, emergencies, or disasters;
cognitive, affective, behavioral, and neurological effects associated
with trauma; brief, intermediate, and long-term approaches; and
assessment strategies for clients in crisis and principles of
intervention for individuals with mental or emotional disorders
during times of crisis, emergency, or disaster.
   (M) Advanced counseling and psychotherapeutic theories and
techniques, including the application of counseling constructs,
assessment and treatment planning, clinical interventions,
therapeutic relationships, psychopathology, or other clinical topics.

   (2) In addition to the course requirements described in paragraph
(1), 15 semester units or 22.5 quarter units of advanced coursework
to develop knowledge of specific treatment issues or special
populations.
   (3) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical setting that provides a range of professional clinical
counseling experience, including the following:
   (A) Applied psychotherapeutic techniques.
   (B) Assessment.
   (C) Diagnosis.
   (D) Prognosis.
   (E) Treatment.
   (F) Issues of development, adjustment, and maladjustment.
   (G) Health and wellness promotion.
   (H) Professional writing including documentation of services,
treatment plans, and progress notes.
   (I) How to find and use resources.
   (J) Other recognized counseling interventions.
   (K) A minimum of 280 hours of face-to-face supervised clinical
experience counseling individuals, families, or groups.
   (d) The 60 graduate semester units or 90 graduate quarter units of
instruction required pursuant to subdivision (c) shall, in addition
to meeting the requirements of subdivision (c), include instruction
in all of the following:
   (1) The understanding of human behavior within the social context
of socioeconomic status and other contextual issues affecting social
position.
   (2) The understanding of human behavior within the social context
of a representative variety of the cultures found within California.
   (3) Cultural competency and sensitivity, including a familiarity
with the racial, cultural, linguistic, and ethnic backgrounds of
persons living in California.
   (4) An understanding of the effects of socioeconomic status on
treatment and available resources.
   (5) Multicultural development and cross-cultural interaction,
including experiences of race, ethnicity, class, spirituality, sexual
orientation, gender, and disability and their incorporation into the
psychotherapeutic process.
   (6) Case management, systems of care for the severely mentally
ill, public and private services for the severely mentally ill,
community resources for victims of abuse, disaster and trauma
response, advocacy for the severely mentally ill, and collaborative
treatment. The instruction required in this paragraph may be provided
either in credit level coursework or through extension programs
offered by the degree-granting institution.
   (7) Human sexuality, including the study of the physiological,
psychological, and social cultural variables associated with sexual
behavior, gender identity, and the assessment and treatment of
psychosexual dysfunction.
   (8) Spousal or partner abuse assessment, detection, intervention
strategies, and same-gender abuse dynamics.
   (9) Child abuse assessment and reporting.
   (10) Aging and long-term care, including biological, social,
cognitive, and psychological aspects of aging. This coursework shall
include instruction on the assessment and reporting of, as well as
treatment related to, elder and dependent adult abuse and neglect.
   (e) A degree program that qualifies for licensure under this
section shall do all of the following:
   (1) Integrate the principles of mental health recovery-oriented
care and methods of service delivery in recovery-oriented practice
environments.
   (2) Integrate an understanding of various cultures and the social
and psychological implications of socioeconomic position.
   (3) Provide the opportunity for students to meet with various
consumers and family members of consumers of mental health services
to enhance understanding of their experience of mental illness,
treatment, and recovery.
   (f) (1) An applicant whose degree is deficient in no more than
three of the required areas of study listed in subparagraphs (A) to
(M), inclusive, of paragraph (1) of subdivision (c) may satisfy those
deficiencies by successfully completing post-master's or
postdoctoral degree coursework at an accredited or approved
institution, as defined in Section 4999.12.
   (2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (M), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
   (3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.
  SEC. 11.  Section 6.5 of this bill incorporates amendments to
Section 4980.43 of the Business and Professions Code proposed by both
this bill and SB 1489. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) each bill amends Section 4980.43 of the Business and Professions
Code, and (3) this bill is enacted after SB 1489, in which case
Section 6 of this bill shall not become operative.