BILL NUMBER: SB 243 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2013
INTRODUCED BY Senator Wyland
FEBRUARY 12, 2013
An act to amend Section 17070.15 of the Education Code,
4999.20 of the Business and Professions Code,
relating to school facilities. healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 243, as amended, Wyland. School facilities.
Professional clinical counselors.
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.
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.
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.
This bill would make a nonsubstantive change to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4999.20 of the
Business and Professions Code is amended to read:
4999.20. (a) (1) "Professional clinical counseling" means the
application of counseling interventions and psychotherapeutic
techniques to identify and remediate cognitive, mental, and emotional
issues, including personal growth, adjustment to disability, crisis
intervention, and psychosocial and environmental problems.
"Professional clinical counseling" includes conducting assessments
for the purpose of establishing counseling goals and objectives to
empower individuals to deal adequately with life situations, reduce
stress, experience growth, change behavior, and make well-informed,
rational decisions.
(2) "Professional clinical counseling" is focused exclusively on
the application of counseling interventions and psychotherapeutic
techniques for the purposes of improving mental health, and is not
intended to capture other, nonclinical forms of counseling for the
purposes of licensure. For purposes of this paragraph, "nonclinical"
means nonmental health.
(3) "Professional clinical counseling" does not include the
assessment or treatment of couples or families unless the
professional clinical counselor has completed all of the following
additional training and education, beyond
the minimum training and education required for licensure:
education:
(A) One of the following:
(i) Six semester units or nine quarter units specifically focused
on the theory and application of marriage and family therapy.
(ii) A named specialization or emphasis area on the qualifying
degree in marriage and family therapy; marital and family therapy;
marriage, family, and child counseling; or couple and family therapy.
(B) No less than 500 hours of documented supervised experience
working directly with couples, families, or children.
(C) A minimum of six hours of continuing education specific to
marriage and family therapy, completed in each license renewal cycle.
(4) "Professional clinical counseling" does not include the
provision of clinical social work services.
(b) "Counseling interventions and psychotherapeutic techniques"
means the application of cognitive, affective, verbal or nonverbal,
systemic or holistic counseling strategies that include principles of
development, wellness, and maladjustment that reflect a pluralistic
society. These interventions and techniques are specifically
implemented in the context of a professional clinical counseling
relationship and use a variety of counseling theories and approaches.
(c) "Assessment" means selecting, administering, scoring, and
interpreting tests, instruments, and other tools and methods designed
to measure an individual's attitudes, abilities, aptitudes,
achievements, interests, personal characteristics, disabilities, and
mental, emotional, and behavioral concerns and development and the
use of methods and techniques for understanding human behavior in
relation to coping with, adapting to, or ameliorating changing life
situations, as part of the counseling process. "Assessment" shall not
include the use of projective techniques in the assessment of
personality, individually administered intelligence tests,
neuropsychological testing, or utilization of a battery of three or
more tests to determine the presence of psychosis, dementia, amnesia,
cognitive impairment, or criminal behavior.
(d) Professional clinical counselors shall refer clients to other
licensed health care professionals when they identify issues beyond
their own scope of education, training, and experience.
SECTION 1. Section 17070.15 of the Education
Code is amended to read:
17070.15. The following terms, wherever used or referred to in
this chapter, shall have the following meanings, respectively, unless
a different meaning is apparent from the context:
(a) "Apportionment" means a reservation of funds for the purpose
of eligible new construction, modernization, or hardship approved by
the board for an applicant school district.
(b) "Attendance area" means the geographical area serving an
existing high school and those junior high schools and elementary
schools included therein.
(c) "Board" means the State Allocation Board as established by
Section 15490 of the Government Code.
(d) "Committee" means the State School Building Finance Committee
established pursuant to Section 15909.
(e) "County fund" means a county school facilities fund
established pursuant to Section 17070.43.
(f) "Department" means the Department of General Services.
(g) "Fund" means the applicable 1998 State School Facilities Fund,
the 2002 State School Facilities Fund, or the 2004 State School
Facilities Fund, established pursuant to Section 17070.40.
(h) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(i) "Modernization" means any modification of a permanent
structure that is at least 25 years old, or in the case of a portable
classroom, that is at least 20 years old, that will enhance the
ability of the structure to achieve educational purposes.
(j) "Portable classroom" means a classroom building of one or more
stories that is designed and constructed to be relocatable and
transportable over public streets, and with respect to a single story
portable classroom, is designed and constructed for relocation
without the separation of the roof or floor from the building and
when measured at the most exterior walls, has a floor area not in
excess of 2,000 square feet.
(k) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
( l ) "School building capacity" means the
capacity of a school building to house pupils.
(m) "School district" means a school district or a county office
of education. For purposes of determining eligibility under this
chapter, "school district" may also mean a high school attendance
area.