BILL ANALYSIS Ó AB 956 Page 1 Date of Hearing: April 12, 2011 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair AB 956 (Roger Hernández) - As Introduced: February 18, 2011 SUBJECT : Marriage and family therapy: interns and trainees: advertisements. SUMMARY : Requires a marriage and family therapist registered intern (registered intern) or a marriage and family therapist trainee (trainee), prior to performing professional services, to provide each client or patient with the name of his or her employer and indicate whether he or she is under the supervision of a licensed person, as specified, and requires any advertisement by or on behalf of an intern or trainee to include specified information. Specifically, this bill : 1)Specifies that registered interns and trainees inform each client or patient prior to performing any professional services, that he or she is a registered intern, and provide the name of his or her employer. 2)Requires any advertisement by or on behalf of a registered intern or trainee to include at a minimum the following information: a) That he or she is a registered intern; b) The name of his or her employer; and, c) That he or she is supervised by a licensed person. 3)Prohibits the use of the abbreviation "MFTI" in an advertisement unless the title "marriage and family therapist registered intern" appears in the advertisement. EXISTING LAW : 1)Provides the, for the licensure or registration and regulation of marriage and family therapists and interns by the Board of Behavioral Sciences (BBS) and makes a violation of its provisions a crime, under the Marriage and Family Therapist Act. AB 956 Page 2 2)Requires marriage and family therapist registered interns, trainees, and applicants for licensure or registration to at all times be under supervision. 3)Requires registered interns and trainees to inform each client or patient prior to performing any professional services that he or she is unlicensed and under the supervision of a licensed marriage and family therapist (MFT), licensed clinical social worker (LCSW), licensed psychologist, or a licensed physician and surgeon certified in psychiatry. 4)Requires any person that advertises services performed by a trainee to include the trainee's name, the supervisor's license designation or abbreviation, and the supervisor's license number. FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . According to the author's office, "Misleading and deceptive online advertisements offering mental health services are becoming an emerging trend. More advertisements offering marriage and family counseling are created by unqualified individuals. In fact, an increasing number of such advertisements are published by Marriage and Family Therapist Registered Interns (MFTI), who by law, may only provide services to the public as an employee or a volunteer for a licensed person or other lawful entity, and can only do so under appropriate supervision. Certain advertisements appear to offer services performed by licensed professionals, but are instead carried out by interns. These advertisements can mislead consumers to believe interns are medical professionals by using the acronym MFTI, instead of explicitly stating the full title of the intern. Unfortunately, this type of misleading advertising is increasing. If left unaddressed, those seeking mental health services from a licensed professional may unknowingly receive inferior care from an unlicensed individual. "Such ambiguity rests not only in the online advertisements, but within some medical clinics as well. Currently, MFTI staff must disclose their intern status before treating patients; however AB 956 Page 3 other critical information, such as the disclosure of whether the MFTI is under the supervision of a licensed professional, may be omitted. This bill will encourage truthfulness in advertising and will allow consumers to make informed choices when choosing a mental health provider." Background . Only licensed mental health professionals can supervise registered interns and trainees. Licensed mental health professionals include MFTs, LCSWs, licensed psychologists, and licensed physicians certified in psychiatry by the American Board of Psychiatry and Neurology. Additionally, the supervisor must maintain a current valid California license for at least two years. BBS requires supervisors of registered interns and trainees to complete a minimum of six hours of supervision training or coursework within two years immediately preceding supervision (or within 60 days of commencement of supervision) and every renewal period thereafter. Psychologists and physicians certified in psychiatry are exempt from supervision training. Support . The California Association of Marriage and Family Therapists writes, "Current law governing advertising by or on behalf of a marriage and family therapist registered intern or trainee?does not adequately inform members the public who the employer of the intern or trainee is, who the supervisor of the intern or trainee is, and what the supervisor's licensure status is. Additionally, the use of 'MFTI' by marriage and family therapist registered interns is confusing and misleading. "It is important that marriage and family therapist registered interns and trainees inform clients and patient, prior to performing any professional service, that they are unlicensed and identify who their employers are and that they are under the supervision of an appropriately licensed professional. "These changes in the law will assure that there is no ambiguity with respect to how marriage and family therapist registered interns or trainees advertise or identify themselves. These changes also insure that the public will know the unlicensed status of the individual prior to engaging in professional services with any marriage and family therapist registered intern or trainee." REGISTERED SUPPORT / OPPOSITION : AB 956 Page 4 Support California Association of Marriage and Family Therapists (sponsor) Opposition None on file. Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) 319-3301