BILL NUMBER: SB 788 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE APRIL 1, 2009
INTRODUCED BY Senators Wyland and Steinberg
FEBRUARY 27, 2009
An act to amend Sections 728, 805, and 4990 of, to add
Chapter 16 (commencing with Section 4999.10) to Division 2 of, and to
repeal Sections 4999.32, 4999.56, 4999.58, and 4999.101 of, the
Business and Professions Code, relating to professional clinical
counselors. An act to add Chapter 16 (commencing with
Section 4999.10) to Division 2 of the Business and Professions Code,
relating to mental health professionals.
LEGISLATIVE COUNSEL'S DIGEST
SB 788, as amended, Wyland. Licensed professional
clinical counselors. Mental health professionals.
(1) Existing
Existing law provides for the licensure and regulation
of marriage and family therapists , educational psychologists,
and clinical social workers by the Board of Behavioral
Sciences, in the Department of Consumer Affairs. Under
existing law, the board consists of 11 members.
This bill would prohibit a person from holding himself or herself
out to the public by any title or description of mental health
services not authorized by law or licensed by that board, except as
specified.
This bill would provide for the licensure, registration, and
regulation of licensed professional clinical counselors and interns
by the board and would add 4 additional members to the board, to be
appointed by the Governor, as specified. The bill would enact various
provisions concerning the practice of licensed professional clinical
counselors, interns, and counselor trainees, including, but not
limited to, practice requirements, and enforcement specifications.
The bill would authorize the board to begin accepting applications
for intern registration on January 1, 2011, and for professional
clinical counselor licensure on January 1, 2012, but would authorize
the board to issue licenses to individuals meeting certain criteria
who apply between January 1, 2011, and June 30, 2011. The bill would
authorize the board to impose specified fees on licensed professional
clinical counselors and interns which would be deposited in the
Behavioral Sciences Fund to carry out the provisions of the bill. The
bill would require that the startup costs of the program be funded
by a loan from the Behavioral Sciences Fund, upon appropriation by
the Legislature. The bill would provide that a violation of its
provisions is a misdemeanor. By creating a new crime, the bill would
impose a state-mandated local program.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) There is a growing need in this state for additional mental
health professionals to provide counseling and other mental health
services to California's citizens in a variety of settings.
(b) That need continues to grow due to economic conditions and the
need to provide counseling services resulting from natural
disasters, and services to California's veterans.
(c) There exists in the state a substantial number of mental
health professionals who possess appropriate master's degree
education, training, and experience to fulfill the need but who
cannot avail themselves of licensure under the current mental health
professional framework for licensure existing in the state.
(d) The other 49 states provide, in varying ways, the opportunity
for professional counselors with appropriate education and training
to be licensed and to fulfill the need in those states.
(e) Therefore, it is the intent of the Legislature to provide a
pathway for professional counselors in this state who possess
appropriate education and training similar to other licensed mental
health professionals to be licensed and to begin serving the
substantial need for mental health services in California.
SEC. 2. Chapter 16 (commencing with Section
4999.10) is added to Division 2 of the Business and
Professions Code , to read:
CHAPTER 16. MENTAL HEALTH PROFESSIONALS
4999.10. (a) No person shall hold himself or herself out to the
public by any title or description of mental health services not
authorized by law or licensed by the Board of Behavioral Sciences.
(b) Nothing in this section shall be construed to constrict,
limit, or withdraw provisions of the Medical Practice Act, the
Clinical Social Worker Practice Act, the Nursing Practice Act, the
Psychology Licensing Law, or the Marriage and Family Therapy
licensing laws.
(c) This section shall not apply to any priest, rabbi, or minister
of the gospel of any religious denomination who performs mental
health services as part of his or her pastoral or professional
duties, or to any person who is admitted to practice law in this
state, or who is licensed to practice medicine, who provides
counseling services as part of his or her professional practice.
(d) This section shall not apply to an employee of a governmental
entity or of a school, college, or university, or of an institution
both nonprofit and charitable, if his or her practice is performed
solely under the supervision of the entity, school, or organization
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.
All matter omitted in this version of the bill appears in the
bill as amended in the Senate, April 1, 2009 (JR11)