BILL ANALYSIS Ó
AB 956
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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.
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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
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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
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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