Amended in Senate April 29, 2013

Senate BillNo. 243


Introduced by Senator Wyland

February 12, 2013


An act to amend Sectionbegin delete 17070.15 of the Education Code,end deletebegin insert 4999.20 of the Business and Professions Code,end insert relating tobegin delete school facilities.end deletebegin insert healing arts.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 243, as amended, Wyland. begin deleteSchool facilities. end deletebegin insertProfessional clinical counselors.end insert

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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 provides that professional clinical counseling does not include the assessment or treatment of couples or families unless the clinical counselor has completed specified training and education in addition to the minimum training and education required for licensure.

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This bill would instead provide that professional clinical counseling does not include the assessment or treatment of couples or families unless the clinical counselor has completed specified training and education.

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Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, and defines various terms for purposes of those provisions.

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This bill would make a nonsubstantive change to this provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 4999.20 of the end insertbegin insertBusiness and Professions
2Code
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begin insert is amended to read:end insert

3

4999.20.  

(a) (1) “Professional clinical counseling” means the
4application of counseling interventions and psychotherapeutic
5techniques to identify and remediate cognitive, mental, and
6emotional issues, including personal growth, adjustment to
7disability, crisis intervention, and psychosocial and environmental
8problems. “Professional clinical counseling” includes conducting
9assessments for the purpose of establishing counseling goals and
10objectives to empower individuals to deal adequately with life
11situations, reduce stress, experience growth, change behavior, and
12make well-informed, rational decisions.

13(2) “Professional clinical counseling” is focused exclusively on
14the application of counseling interventions and psychotherapeutic
15techniques for the purposes of improving mental health, and is not
16intended to capture other, nonclinical forms of counseling for the
17purposes of licensure. For purposes of this paragraph, “nonclinical”
18means nonmental health.

19(3) “Professional clinical counseling” does not include the
20assessment or treatment of couples or families unless the
21professional clinical counselor has completed all of the following
22begin delete additionalend delete training andbegin delete education, beyond the minimum training
23and education required for licensure:end delete
begin insert education:end insert

24(A) One of the following:

25(i) Six semester units or nine quarter units specifically focused
26on the theory and application of marriage and family therapy.

27(ii) A named specialization or emphasis area on the qualifying
28degree in marriage and family therapy; marital and family therapy;
29marriage, family, and child counseling; or couple and family
30therapy.

31(B) No less than 500 hours of documented supervised experience
32working directly with couples, families, or children.

33(C) A minimum of six hours of continuing education specific
34to marriage and family therapy, completed in each license renewal
35cycle.

P3    1(4) “Professional clinical counseling” does not include the
2provision of clinical social work services.

3(b) “Counseling interventions and psychotherapeutic techniques”
4means the application of cognitive, affective, verbal or nonverbal,
5systemic or holistic counseling strategies that include principles
6of development, wellness, and maladjustment that reflect a
7pluralistic society. These interventions and techniques are
8specifically implemented in the context of a professional clinical
9counseling relationship and use a variety of counseling theories
10and approaches.

11(c) “Assessment” means selecting, administering, scoring, and
12interpreting tests, instruments, and other tools and methods
13designed to measure an individual’s attitudes, abilities, aptitudes,
14achievements, interests, personal characteristics, disabilities, and
15mental, emotional, and behavioral concerns and development and
16the use of methods and techniques for understanding human
17behavior in relation to coping with, adapting to, or ameliorating
18changing life situations, as part of the counseling process.
19“Assessment” shall not include the use of projective techniques
20in the assessment of personality, individually administered
21intelligence tests, neuropsychological testing, or utilization of a
22battery of three or more tests to determine the presence of
23psychosis, dementia, amnesia, cognitive impairment, or criminal
24behavior.

25(d) Professional clinical counselors shall refer clients to other
26licensed health care professionals when they identify issues beyond
27their own scope of education, training, and experience.

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SECTION 1.  

Section 17070.15 of the Education Code is
29amended to read:

30

17070.15.  

The following terms, wherever used or referred to
31in this chapter, shall have the following meanings, respectively,
32unless a different meaning is apparent from the context:

33(a) “Apportionment” means a reservation of funds for the
34purpose of eligible new construction, modernization, or hardship
35approved by the board for an applicant school district.

36(b) “Attendance area” means the geographical area serving an
37existing high school and those junior high schools and elementary
38schools included therein.

39(c) “Board” means the State Allocation Board as established by
40Section 15490 of the Government Code.

P4    1(d) “Committee” means the State School Building Finance
2Committee established pursuant to Section 15909.

3(e) “County fund” means a county school facilities fund
4established pursuant to Section 17070.43.

5(f) “Department” means the Department of General Services.

6(g) “Fund” means the applicable 1998 State School Facilities
7Fund, the 2002 State School Facilities Fund, or the 2004 State
8School Facilities Fund, established pursuant to Section 17070.40.

9(h) “Good repair” has the same meaning as specified in
10 subdivision (d) of Section 17002.

11(i) “Modernization” means any modification of a permanent
12structure that is at least 25 years old, or in the case of a portable
13classroom, that is at least 20 years old, that will enhance the ability
14of the structure to achieve educational purposes.

15(j) “Portable classroom” means a classroom building of one or
16more stories that is designed and constructed to be relocatable and
17transportable over public streets, and with respect to a single story
18portable classroom, is designed and constructed for relocation
19without the separation of the roof or floor from the building and
20when measured at the most exterior walls, has a floor area not in
21excess of 2,000 square feet.

22(k) “Property” includes all property, real, personal or mixed,
23tangible or intangible, or any interest therein necessary or desirable
24for carrying out the purposes of this chapter.

25(l) “School building capacity” means the capacity of a school
26building to house pupils.

27(m) “School district” means a school district or a county office
28of education. For purposes of determining eligibility under this
29chapter, “school district” may also mean a high school attendance
30area.

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