BILL NUMBER: AB 428	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 15, 2013

   An act to amend Sections 4980.41 and 4996.2 of the Business and
Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 428, as introduced, Eggman. Healing arts: marriage and family
therapists: clinical social workers: coursework.
   Existing law provides for the licensure or registration and
regulation of marriage and family therapists and interns by the Board
of Behavioral Sciences. Under existing law, until January 1, 2019,
an applicant for a marriage and family therapist licensure or
registration who began graduate study before August 1, 2012, and
completes that study on or before December 31, 2018, is required to
complete prescribed coursework or training to be eligible to sit for
a licensing examination.
   Under existing law, the prescribed coursework and training
require, among other things, that a master's or doctor's degree
qualifying for licensure include specific instruction in alcoholism
and other chemical substance dependency.
   This bill would specify that coursework requirement may be
satisfied if taken in fulfillment of other educational requirements
for licensure or in a separate course, and that the applicant may
satisfy the requirement by successfully completing the coursework
with a master's or doctoral degree program at an accredited or
approved institution or with a board-approved provider of continuing
education, as specified.
   The prescribed coursework and training also require that a master'
s or doctor's degree qualifying for licensure include coursework in
spousal or partner abuse assessment, detection, and intervention, as
specified. Existing law provides that those requirements may be
satisfied if taken in fulfillment of other educational requirements
for licensure or in a separate course, and may be satisfied by a
specified certification from the chief academic officer of the
educational institution from which the applicant graduated.
   This bill would specify that the applicant may meet this
requirement by successfully completing this coursework with a master'
s or doctoral degree program at an accredited or approved institution
or with a board-approved provider of continuing education, as
described. This bill would delete provisions that permit the board to
accept as satisfaction of those coursework requirements
certification from the chief academic officer of the educational
institution.
   Existing law provides for the licensure and regulation of clinical
social workers by the Board of Behavioral Sciences. Under existing
law, an applicant for a clinical social worker license is required to
furnish to the board evidence that he or she has, among other
things, completed instruction and training in spousal or partner
abuse assessment, detection, and intervention strategies, as
specified, which may be satisfied by a specified certification from
the chief academic officer of the educational institution from which
the applicant graduated.
   This bill would delete provisions that permit the board to accept
as satisfaction of those coursework requirements certification from
the chief academic officer of the educational institution.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4980.41 of the Business and Professions Code is
amended to read:
   4980.41.  (a) An applicant for licensure whose education qualifies
him or her under Section 4980.37 shall complete the following
coursework or training in order to be eligible to sit for the
licensing examinations as specified in subdivision (d) of Section
4980.40:
   (1) A two semester or three quarter unit course in California law
and professional ethics for marriage and family therapists, which
shall include, but not be limited to, the following areas of study:
   (A) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the profession's scope of
practice.
   (B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including family law.
   (C) The current legal patterns and trends in the mental health
profession.
   (D) The psychotherapist-patient privilege, confidentiality, the
patient dangerous to self or others, and the treatment of minors with
and without parental consent.
   (E) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
   This course may be considered as part of the 48 semester or 72
quarter unit requirements contained in Section 4980.37.
   (2) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
   (3) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder. When coursework in a master's or doctor's
degree program is acquired to satisfy this requirement, it shall be
considered as part of the 48 semester or 72 quarter unit requirement
contained in Section 4980.37.
   (4) For persons who began graduate study on or after January 1,
1986, a master's or doctor's degree qualifying for licensure shall
include specific instruction in alcoholism and other chemical
substance dependency as specified by regulation. When coursework in a
master's or doctor's degree program is acquired to satisfy this
requirement, it shall be considered as part of the 48 semester or 72
quarter unit requirement contained in Section 4980.37. 
Coursework required under this paragraph may be satisfactory if taken
either in fulfillment of other educational requirements for
licensure or in a separate course. The applicant may satisfy this
requirement by successfully completing this coursework with a master'
s or doctoral degree program at an accredited or approved
institution, as described in subdivision (b) of Section 4980.37, or
with a board-approved provider of continuing education, as described
in Section 4980.54. 
   (5) For persons who began graduate study during the period
commencing on January 1, 1995, and ending on December 31, 2003, a
master's or doctor's degree qualifying for licensure shall include
coursework in spousal or partner abuse assessment, detection, and
intervention. For persons who began graduate study on or after
January 1, 2004, a master's or doctor's degree qualifying for
licensure shall include a minimum of 15 contact hours of coursework
in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. Coursework required under
this paragraph may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
 The requirement for coursework shall be satisfied by, and
the board shall accept in satisfaction of the requirement, a
certification from the chief academic officer of the educational
institution from which the applicant graduated that the required
coursework is included within the institution's required curriculum
for graduation.   The applicant may satisfy this
requirement by successfully completing this coursework with a master'
s or doctoral degree program at an accredited or approved
institution, as described in subdivision (b) of Section 4980.37, or
with a board-approved provider of continuing education, as described
in Section 4980.54. 
   (6) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychological testing. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.
   (7) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychopharmacology. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.
   (8) The requirements added by paragraphs (6) and (7) are intended
to improve the educational qualifications for licensure in order to
better prepare future licentiates for practice and are not intended
in any way to expand or restrict the scope of practice for marriage
and family therapists.
   (b) 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. 2.  Section 4996.2 of the Business and Professions Code is
amended to read:
   4996.2.  Each applicant shall furnish evidence satisfactory to the
board that he or she complies with all of the following
requirements:
   (a) Is at least 21 years of age.
   (b) Has received a master's degree from an accredited school of
social work.
   (c) Has had two years of supervised post-master's degree
experience, as specified in Section 4996.23.
   (d) Has not committed any crimes or acts constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of any
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
   (e) Has completed adequate instruction and training in the subject
of alcoholism and other chemical substance dependency. This
requirement applies only to applicants who matriculate on or after
January 1, 1986.
   (f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. This requirement
applies to an applicant who began graduate training during the period
commencing on January 1, 1995, and ending on December 31, 2003. An
applicant who began graduate training on or after January 1, 2004,
shall complete a minimum of 15 contact hours of coursework in spousal
or partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics. Coursework required under this
subdivision may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
 This requirement for coursework shall be satisfied by, and
the board shall accept in satisfaction of the requirement, a
certification from the chief academic officer of the educational
institution from which the applicant graduated that the required
coursework is included within the institution's required curriculum
for graduation. 
   (g) Has completed a minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 1807 of Title
16 of the California Code of Regulations. This training or coursework
may be satisfactory if taken either in fulfillment of other
educational requirements for licensure or in a separate course.
   (h) Has completed a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 1807.2 of Title 16 of the California Code of Regulations.
This training or coursework may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course.