BILL NUMBER: SB 274 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 14, 2011
PASSED THE ASSEMBLY JULY 11, 2011
AMENDED IN ASSEMBLY JULY 7, 2011
AMENDED IN ASSEMBLY JUNE 3, 2011
AMENDED IN SENATE APRIL 11, 2011
INTRODUCED BY Senator Wyland
FEBRUARY 14, 2011
An act to amend Sections 4980.10, 4999.47, 4999.54, 4999.102, and
4999.104 of, to add Sections 4989.13, 4991.1, and 4999.13 to, and to
repeal Sections 4999.56 and 4999.101 of, the Business and Professions
Code, relating to healing arts, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 274, Wyland. Healing arts.
Existing law, the Marriage and Family Therapist Act, provides for
the licensure and regulation of marriage and family therapists by the
Board of Behavioral Sciences. Existing law, the Educational
Psychologist Practice Act, provides for the licensure and regulation
of educational psychologists by the Board of Behavioral Sciences.
Existing law, the Clinical Social Worker Practice Act, provides for
the licensure and regulation of social workers by the Board of
Behavioral Sciences. Existing law, the Licensed Professional Clinical
Counselor Act, provides for the licensure and regulation of
professional clinical counselors by the Board of Behavioral Sciences.
Existing law authorizes the board to issue a professional clinical
counselor license to any person submitting an application between
January 1, 2011, and June 30, 2011, if that applicant meets specified
requirements, including the requirement that the applicant have at
least 2 years of postdegree counseling experience that includes
specified hours of experience in a clinical setting supervised by a
marriage and family therapist, clinical social worker, psychologist,
physician and surgeon specializing in psychiatry, or master's level
counselor or therapist, as specified. Existing law makes these
licenses valid for 6 years, specifies that such a license expires one
year from the date of issuance, and prescribes a specified renewal
procedure. Existing law provides that other professional clinical
licenses expire no more than 24 months after the date of issuance and
may be renewed within 3 years of expiration. Existing law also
governs the regulation of clinical counselor trainees and interns.
Existing law allows clinical counselor trainees, interns, and
applicants to perform services as an employee or as a volunteer, but
not as an independent contractor.
This bill would set forth provisions that would provide that a
person engages in the practice of marriage and family therapy,
educational psychology, clinical social work, or professional
clinical counseling when he or she performs or offers to perform or
holds himself or herself out as able to perform this service for
remuneration in any form, including donations. The bill would
authorize the board to issue a professional clinical counselor
license to any person submitting an application between January 1,
2011, and December 31, 2011, if that applicant meets specified
requirements, and would add a professional clinical counselor and a
person who is licensed out of state to independently practice
professional clinical counseling to the list of persons who an
applicant may have supervise his or her hours of experience in a
clinical setting. The bill would provide that all licenses issued
expire no more than 24 months after the issuance date and that all of
these licenses would be eligible for renewal within 3 years of
expiration. The bill would revise and recast the provision relating
to clinical counselor trainees, interns, and applicants, and instead
provide that experience shall not be gained by clinical counselor
interns or trainees as an independent contractor. The bill would
require a clinical counselor intern when applying for licensure as a
professional clinical counselor to show proof of his or her
employment as an employee or volunteer by providing to the board
copies of his or her W-2 tax forms or a letter from an employer
verifying employment as a volunteer for each year of experience
claimed.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4980.10 of the Business and Professions Code is
amended to read:
4980.10. A person engages in the practice of marriage and family
therapy when he or she performs or offers to perform or holds himself
or herself out as able to perform this service for remuneration in
any form, including donations.
SEC. 2. Section 4989.13 is added to the Business and Professions
Code, to read:
4989.13. A person engages in the practice of educational
psychology when he or she performs or offers to perform or holds
himself or herself out as able to perform this service for
remuneration in any form, including donations.
SEC. 3. Section 4991.1 is added to the Business and Professions
Code, to read:
4991.1. A person engages in the practice of clinical social work
when he or she performs or offers to perform or holds himself or
herself out as able to perform this service for remuneration in any
form, including donations.
SEC. 4. Section 4999.13 is added to the Business and Professions
Code, to read:
4999.13. A person engages in the practice of professional
clinical counseling when he or she performs or offers to perform or
holds himself or herself out as able to perform this service for
remuneration in any form, including donations.
SEC. 5. Section 4999.47 of the Business and Professions Code is
amended to read:
4999.47. (a) Clinical counselor trainees, interns, and applicants
shall perform services as an employee or as a volunteer.
The requirements of this chapter regarding gaining hours of
clinical mental health experience and supervision are applicable
equally to employees and volunteers. Experience shall not be gained
by clinical counselor interns or trainees as an independent
contractor.
(1) If employed, a clinical counselor intern shall provide the
board with copies of the corresponding W-2 tax forms for each year of
experience claimed upon application for licensure as a professional
clinical counselor.
(2) If volunteering, a clinical counselor 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 as a
professional clinical counselor.
(b) Clinical counselor trainees, interns, and applicants shall not
receive any remuneration from patients or clients, and shall only be
paid by their employers.
(c) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration.
(d) Clinical counselor trainees, interns, and applicants who
provide voluntary 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
clinical counselor trainees, interns, and applicants for services
rendered in any lawful work setting other than a private practice
shall be considered an employee and not an independent contractor.
(e) The board may audit an intern or applicant who receives
reimbursement for expenses and the intern or applicant shall have the
burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(f) Clinical counselor trainees, interns, and applicants shall
only perform services at the place where their employer regularly
conducts business and services, which may include other locations, as
long as the services are performed under the direction and control
of the employer and supervisor in compliance with the laws and
regulations pertaining to supervision. Clinical counselor trainees,
interns, and applicants shall have no proprietary interest in the
employer's business.
(g) 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 clinical counselor 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. Section 4999.54 of the Business and Professions Code is
amended to read:
4999.54. (a) Notwithstanding Section 4999.50, the board may issue
a license to any person who submits an application for a license
between January 1, 2011, and December 31, 2011, provided that all
documentation is submitted within 12 months of the board's evaluation
of the application, and provided he or she meets one of the
following sets of criteria:
(1) He or she meets all of the following requirements:
(A) Has a master's or doctoral degree from a school, college, or
university as specified in Section 4999.32, that is counseling or
psychotherapy in content. If the person's degree does not include all
the graduate coursework in all nine core content areas as required
by paragraph (1) of subdivision (c) of Section 4999.32, a person
shall provide documentation that he or she has completed the required
coursework prior to licensure pursuant to this chapter. Except as
specified in clause (ii), a qualifying degree must include the
supervised practicum or field study experience as required in
paragraph (3) of subdivision (c) of Section 4999.32.
(i) A counselor educator whose degree contains at least seven of
the nine required core content areas shall be given credit for
coursework not contained in the degree if the counselor educator
provides documentation that he or she has taught the equivalent of
the required core content areas in a graduate program in counseling
or a related area.
(ii) Degrees issued prior to 1996 shall include a minimum of 30
semester units or 45 quarter units and at least six of the nine
required core content areas specified in paragraph (1) of subdivision
(c) of Section 4999.32 and three semester units or four and one-half
quarter units of supervised practicum or field study experience. The
total number of units shall be no less than 48 semester units or 72
quarter units.
(iii) Degrees issued in 1996 and after shall include a minimum of
48 semester units or 72 quarter units and at least seven of the nine
core content areas specified in paragraph (1) of subdivision (c) of
Section 4999.32.
(B) Has completed all of the coursework or training specified in
subdivision (e) of Section 4999.32.
(C) Has at least two years, full-time or the equivalent, of
postdegree counseling experience, that includes at least 1,700 hours
of experience in a clinical setting supervised by a licensed marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, a licensed physician and surgeon specializing in
psychiatry, a professional clinical counselor or a person who is
licensed in another state to independently practice professional
clinical counseling, as defined in Section 4999.20, or a master's
level counselor or therapist who is certified by a national
certifying or registering organization, including, but not limited
to, the National Board for Certified Counselors or the Commission on
Rehabilitation Counselor Certification.
(D) Has a passing score on the following examinations:
(i) The National Counselor Examination for Licensure and
Certification or the Certified Rehabilitation Counselor Examination.
(ii) The National Clinical Mental Health Counselor Examination.
(iii) A California jurisprudence and ethics examination, when
developed by the board.
(2) Is currently licensed as a marriage and family therapist in
the State of California, meets the coursework requirements described
in subparagraph (A) of paragraph (1), and passes the examination
described in subdivision (b).
(3) Is currently licensed as a clinical social worker in the State
of California, meets the coursework requirements described in
subparagraph (A) of paragraph (1), and passes the examination
described in subdivision (b).
(b) (1) The board and the Office of Professional Examination
Services shall jointly develop an examination on the differences, if
any differences exist, between the following:
(A) The practice of professional clinical counseling and the
practice of marriage and family therapy.
(B) The practice of professional clinical counseling and the
practice of clinical social work.
(2) If the board, in consultation with the Office of Professional
Examination Services, determines that an examination is necessary
pursuant to this subdivision, an applicant described in paragraphs
(2) and (3) of subdivision (a) shall pass the examination as a
condition of licensure.
(c) Nothing in this section shall be construed to expand or
constrict the scope of practice of professional clinical counseling,
as defined in Section 4999.20.
SEC. 7. Section 4999.56 of the Business and Professions Code is
repealed.
SEC. 8. Section 4999.101 of the Business and Professions Code is
repealed.
SEC. 9. Section 4999.102 of the Business and Professions Code is
amended to read:
4999.102. (a) Licenses issued under this chapter shall expire no
more than 24 months after the issue date. The expiration date of the
original license shall be set by the board.
(b) To renew an unexpired license described in subdivision (a),
the licensee, on or before the expiration date of the license, shall
do all of the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4999.76.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
SEC. 10. Section 4999.104 of the Business and Professions Code is
amended to read:
4999.104. Licenses issued under this chapter that have expired
may be renewed at any time within three years of expiration. To renew
an expired license described in this section, the licensee shall do
all of the following:
(a) File an application for renewal on a form prescribed by the
board.
(b) Pay all fees that would have been paid if the license had not
become delinquent.
(c) Pay all delinquency fees.
(d) Certify compliance with the continuing education requirements
set forth in Section 4999.76.
(e) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
SEC. 11. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make necessary changes to the practices of marriage
and family therapy, educational psychology, clinical social work, and
professional clinical counseling that are governed by the Board of
Behavioral Sciences as soon as possible, including, to ensure that
the grandparenting path is still an available option to licensed
professional clinical counselor applicants for a six-month time
period, and to preserve the intent of Senate Bill 788 (Chapter 619 of
the Statutes of 2009) that authorized the licensure of licensed
professional clinical counselors, it is necessary for this act to
take effect immediately.