BILL NUMBER: SB 578	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 22, 2013

   An act to amend Section 4982 of the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 578, as introduced, Wyland. Marriage and family therapists:
unprofessional conduct.
   Existing law, the Licensed Marriage and Family Therapist Act,
provides for the licensure or registration and the regulation of
marriage and family therapists by the Board of Behavioral Sciences,
and makes a violation of the law a misdemeanor. Existing law
authorizes the board to deny a license or registration or to suspend
or revoke the license or registration of a licensee or registrant if
he or she has been guilty of unprofessional conduct, which, among
other things, includes engaging in sexual relations with a current or
former client within a specified period of time.
   This bill would specify that unprofessional conduct includes
engaging in a dual relationship, as described, with a patient that is
reasonably likely to impair his or her professional judgment or lead
to exploitation of the patient. The bill describes a dual
relationship as a separate and distinct relationship between a
marriage and family therapist and his or her patient that occurs
simultaneously with the therapeutic relationship or within a
reasonable period of time following the termination of the
therapeutic relationship. This bill would provide that when a dual
relationship occurs and cannot be avoided, a marriage and family
therapist shall take appropriate professional precautions to ensure
that his or her judgment is not impaired and the patient is not
exploited.
   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 4982 of the Business and Professions Code is
amended to read:
   4982.  The board may deny a license or registration or may suspend
or revoke the license or registration of a licensee or registrant if
he or she has been guilty of unprofessional conduct. Unprofessional
conduct includes, but is not limited to, the following:
   (a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
   (b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
   (c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
   (d) Gross negligence or incompetence in the performance of
marriage and family therapy.
   (e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
   (f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.

   (g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
   (h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
   (i) Intentionally or recklessly causing physical or emotional harm
to any client.
   (j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
   (k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
   (l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any trainee or registered
intern under supervision to perform, any professional services beyond
the scope of the license authorized by this chapter.
   (m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
   (o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
   (p) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
   (r) Any conduct in the supervision of any registered intern,
associate clinical social worker, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
   (s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
   (t) Permitting a trainee or registered intern under one's
supervision or control to perform, or permitting the trainee or
registered intern to hold himself or herself out as competent to
perform, professional services beyond the trainee's or registered
intern's level of education, training, or experience.
   (u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
   (v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (x) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (y) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (z) Failure to comply with Section 2290.5.
   (aa) (1) Engaging in an act described in Section 261, 286, 288a,
or 289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (ab) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of an examination as
described in Section 123. 
   (ac) Engaging in a dual relationship with a patient that is
reasonably likely to impair his or her professional judgment or lead
to exploitation of the patient. For purposes of this subdivision, a
dual relationship occurs when a marriage and family therapist and his
or her patient engage in a separate and distinct relationship either
simultaneously with the therapeutic relationship, or within a
reasonable period of time following the termination of the
therapeutic relationship. If a dual relationship occurs and cannot be
avoided, a marriage and family therapist shall take appropriate
professional precautions to ensure that his or her judgment is not
impaired and that the patient is not exploited. A violation of this
subdivision shall not be subject to Section 4983.