Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 428

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 amended, 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 begin delete with end delete begin insert from end insert a master’s or doctoral degree program at an accredited or approved institution or with a begin delete board-approved end delete begin insert board-accepted end insert 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 begin delete with end delete begin insert from end insert a master’s or doctoral degree program at an accredited or approved institution or begin delete with end delete begin insert from end insert a begin delete board-approved end delete begin insert board-accepted end insert 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 begin delete with end delete begin insert from end insert
a master’s or doctoral degree program at an accredited or approved
institution, as described in subdivision (b) of Section 4980.37, or
begin delete with end delete begin insert from end insert a begin delete board-approved end delete begin insert board-accepted end insert 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 applicant may satisfy this
requirement by successfully completing this coursework begin delete with end delete begin insert from end insert
a master’s or doctoral degree program at an accredited or approved
institution, as described in subdivision (b) of Section 4980.37, or
begin delete with end delete begin insert from end insert a begin delete board-approved end delete begin insert board-accepted end insert 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.

(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.