Amended in Senate April 15, 2015

Amended in Senate April 6, 2015

Senate Bill No. 620

Introduced by Senator Block

February 27, 2015

An act to amend Sections 4980.03, 4980.42, 4980.43, 4980.44, 4996.23, and 4999.46 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 620, as amended, Block. Board of Behavioral Sciences: licensure requirements.

Existing law provides for the licensure and regulation of marriage and family therapists, clinical social workers, and professional clinical counselors by the Board of Behavioral Sciences. Existing law requires applicants for licensure in those professions to comply with specified educational and experience requirements, including, but not limited to, hours of supervised experience, and sets forth terms, conditions, and limitations for those hours of experience, as specified.

This bill would revise those experience requirements and provide that individuals who submit applications for examination eligibility between January 1, 2016, and December 31, 2020, may alternately qualify under the current requirements. The bill would also make other technical and conforming changes.

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 4980.03 of the Business and Professions
Code is amended to read:

4980.03.  

(a) “Board,” as used in this chapter, means the Board
of Behavioral Sciences.

(b) “Intern,” as used in this chapter, means an unlicensed person
who has earned his or her master’s or begin delete doctor’s end delete begin insert doctoral end insert degree
qualifying him or her for licensure and is registered with the board.

(c) “Trainee,” as used in this chapter, means an unlicensed
person who is currently enrolled in a master’s or begin delete doctor’s end delete begin insert doctoral end insert
degree program, as specified in Sections 4980.36 and 4980.37,
that is designed to qualify him or her for licensure under this
chapter, and who has completed no less than 12 semester units or
18 quarter units of coursework in any qualifying degree program.

(d) “Applicant,” as used in this chapter, means an unlicensed
person who has completed a master’s or doctoral degree program,
as specified in Sections 4980.36 and 4980.37, and whose
application for registration as an intern is pending, or an unlicensed
person who has completed the requirements for licensure as
specified in this chapter, is no longer registered with the board as
an intern, and is currently in the examination process.

(e) “Advertise,” as used in this chapter, includes, but is not
limited to, any public communication, as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper
or magazine or in any directory, or any printed matter whatsoever,
with or without any limiting qualification. Signs within religious
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.

(f) “Experience,” as used in this chapter, means experience in
interpersonal relationships, psychotherapy, marriage and family
therapy, direct counseling, and nonclinical practice that satisfies
the requirements for licensure as a marriage and family therapist
pursuant to Section 4980.40.

(g) “Supervisor,” as used in this chapter, means an individual
who meets all of the following requirements:

(1) Has been licensed by a state regulatory agency for at least
two years as a marriage and family therapist, licensed clinical
social worker, licensed professional clinical counselor, licensed
psychologist, or licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology.

(2) If a licensed professional clinical counselor, the individual
shall meet the additional training and education requirements
specified in paragraph (3) of subdivision (a) of Section 4999.20.

(3) Has not provided therapeutic services to the trainee or intern.

(4) Has a current and valid license that is not under suspension
or probation.

(5) Complies with supervision requirements established by this
chapter and by board regulations.

(h) “Client centered advocacy,” as used in this chapter, includes,
but is not limited to, researching, identifying, and accessing
resources, or other activities, related to obtaining or providing
services and supports for clients or groups of clients receiving
psychotherapy or counseling services.

SEC. 2.  

Section 4980.42 of the Business and Professions Code
is amended to read:

4980.42.  

(a) Trainees performing services in any work setting
specified in subdivision (e) of Section 4980.43 may perform those
activities and services as a trainee, provided that the activities and
services constitute part of the trainee’s supervised course of study
and that the person is designated by the title “trainee.”

(b) Trainees subject to Section 4980.37 may gain hours of
experience and counsel clients outside of the required practicum.
This subdivision shall apply to hours of experience gained and
client counseling provided on and after January 1, 2012.

(c) Trainees subject to Section 4980.36 may gain hours of
experience outside of the required practicum but must be enrolled
in a practicum course to counsel clients. Trainees subject to Section
4980.36 may counsel clients while not enrolled in a practicum
course if the period of lapsed enrollment is less than 90 calendar
days, and if that period is immediately preceded by enrollment in
a practicum course and immediately followed by enrollment in a
practicum course or completion of the degree program.

(d) All hours of experience gained pursuant to subdivisions (b)
and (c) shall be subject to the other requirements of this chapter.

(e) All hours of experience gained as a trainee shall be
coordinated between the school and the site where the hours are
being accrued. The school shall approve each site and shall have
a written agreement with each site that details each party’s
responsibilities, including the methods by which supervision shall
be provided. The agreement shall provide for regular progress
reports and evaluations of the student’s performance at the site. If
an applicant has gained hours of experience while enrolled in an
institution other than the one that confers the qualifying degree, it
shall be the applicant’s responsibility to provide to the board
satisfactory evidence that those hours of trainee experience were
gained in compliance with this section.

SEC. 3.  

Section 4980.43 of the Business and Professions Code
is amended to read:

4980.43.  

(a) To qualify for licensure as specified in Section
4980.40, each applicant shall complete experience related to the
practice of marriage and family therapy under a begin delete qualified
supervisor. end delete begin insert supervisor who meets the qualifications set forth in
Section 4980.03. end insert The experience shall comply with the following:

(1) A minimum of 3,000 hours of supervised experience
completed during a period of at least 104 weeks.

(2) A maximum of 40 hours in any seven consecutive days.

(3) A minimum of 1,700 hours obtained after the qualifying
master’s or doctoral degree was awarded.

(4) A maximum of 1,300 hours obtained prior to the award date
of the qualifying master’s or doctoral degree.

(5) A maximum of 750 hours of counseling and direct supervisor
contact prior to the award date of the qualifying master’s or
doctoral degree.

(6) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction.

(7) No hours of experience may be gained more than six years
prior to the date the application for examination eligibility was
filed, except that up to 500 hours of clinical experience gained in
the supervised practicum required by subdivision (c) of Section
4980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
of Section 4980.36 shall be exempt from this six-year requirement.

(8) A minimum of 1,750 hours of direct counseling with
individuals, groups, couples, or families, that includes not less than
500 total hours of experience in diagnosing and treating couples,
families, and children.

(9) A maximum of 1,250 hours of nonclinical practice, begin delete including end delete
begin insert consisting of end insert direct supervisor contact, administering and evaluating
psychological tests, writing clinical reports, writing progress or
process notes, client-centered advocacy, and workshops, seminars,
training sessions, or conferences directly related to marriage and
family therapy that have been approved by the applicant’s
supervisor.

(10) It is anticipated and encouraged that hours of experience
will include working with elders and dependent adults who have
physical or mental limitations that restrict their ability to carry out
normal activities or protect their rights.

This subdivision shall only apply to hours gained on and after
January 1, 2010.

(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2020, may
alternately qualify under the experience requirements that were in
place on January 1, 2015.

(c) All applicants, trainees, and registrants shall be at all times
under the supervision of a supervisor who shall be responsible for
ensuring that the extent, kind, and quality of counseling performed
is consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for
compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience
shall be gained by begin delete interns and trainees end delete begin insert an intern or trainee end insert only
as an employee or as a volunteer. The requirements of this chapter
regarding gaining hours of experience and supervision are
applicable equally to employees and volunteers. Experience shall
not be gained by begin delete interns or trainees end delete begin insert an intern or trainee end insert as an
independent contractor.

(1) If employed, an intern shall provide the board with copies
of the corresponding W-2 tax forms for each year of experience
claimed upon application for licensure.

(2) If volunteering, an intern shall provide the board with a letter
from his or her employer verifying the intern’s employment as a
volunteer upon application for licensure.

(d) Except for experience gained by attending workshops,
seminars, training sessions, or conferences as described in
paragraph (9) of subdivision (a), supervision shall include at least
one hour of direct supervisor contact in each week for which
experience is credited in each work setting, as specified:

(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting. No more than six hours of supervision, whether
individual or group, shall be credited during any single week.

(2) An individual supervised after being granted a qualifying
degree shall receive at least one additional hour of direct supervisor
contact for every week in which more than 10 hours of client
contact is gained in each setting. No more than six hours of
supervision, whether individual or group, shall be credited during
any single week.

(3) For purposes of this section, “one hour of direct supervisor
contact” means one hour per week of face-to-face contact on an
individual basis or two hours per week of face-to-face contact in
a group.

(4) Direct supervisor contact shall occur within the same week
as the hours claimed.

(5) Direct supervisor contact provided in a group shall be
provided in a group of not more than eight supervisees and in
segments lasting no less than one continuous hour.

(6) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.

(7) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation.

(8) The six hours of supervision that may be credited during
any single week pursuant to paragraphs (1) and (2) shall apply to
supervision hours gained on or after January 1, 2009.

(e) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:

(A) Lawfully and regularly provides mental health counseling
or psychotherapy.

(B) Provides oversight to ensure that the trainee’s work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the profession
as defined in Section 4980.02.

(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed professional clinical counselor, a
licensed psychologist, a licensed clinical social worker, a licensed
physician and surgeon, or a professional corporation of any of
those licensed professions.

(2) Experience may be gained by the trainee solely as part of
the position for which the trainee volunteers or is employed.

(f) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:

(A) Lawfully and regularly provides mental health counseling
or psychotherapy.

(B) Provides oversight to ensure that the intern’s work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the profession
as defined in Section 4980.02.

(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (e), until registered as an intern.

(3) While an intern may be either a paid employee or a
volunteer, employers are encouraged to provide fair remuneration
to interns.

(4) Except for periods of time during a supervisor’s vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice
at the same site as the intern’s employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may
be arranged during a supervisor’s vacation or sick leave if the
supervision meets the requirements of this section.

(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.

(g) Except as provided in subdivision (h), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.

(h) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure
so long as the applicant applies for the intern registration within
90 days of the granting of the qualifying master’s or doctoral
degree and is thereafter granted the intern registration by the board.

(i) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.

(j) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business,
which may include performing services at other locations, so long
as the services are performed under the direction and control of
their employer and supervisor, and in compliance with the laws
and regulations pertaining to supervision. Trainees and interns
shall have no proprietary interest in their employers’ businesses
and shall not lease or rent space, pay for furnishings, equipment,
or supplies, or in any other way pay for the obligations of their
employers.

(k) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars ($500) per month
as reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered begin delete an
employee end delete begin insert employees end insert and not begin delete an end delete independent begin delete contractor. end delete
begin insert contractors. end insert The board may audit applicants who receive
reimbursement for expenses, and the applicants shall have the
burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.

(l) Each educational institution preparing applicants for licensure
pursuant to this chapter shall consider requiring, and shall
encourage, its students to undergo individual, marital or conjoint,
family, or group counseling or psychotherapy, as appropriate. Each
supervisor shall consider, advise, and encourage his or her interns
and trainees regarding the advisability of undertaking individual,
marital or conjoint, family, or group counseling or psychotherapy,
as appropriate. Insofar as it is deemed appropriate and is desired
by the applicant, the educational institution and supervisors are
encouraged to assist the applicant in locating that counseling or
psychotherapy at a reasonable cost.

SEC. 4.  

Section 4980.44 of the Business and Professions Code
is amended to read:

4980.44.  

An unlicensed marriage and family therapist intern
employed under this chapter shall comply with the following
requirements:

(a) Possess, at a minimum, a master’s degree as specified in
Section 4980.36 or 4980.37, as applicable.

(b) Register with the board prior to performing any duties,
except as otherwise provided in subdivision (h) of Section 4980.43.

(c) Prior to performing any professional services, inform each
client or patient that he or she is an unlicensed marriage and family
therapist registered intern, provide his or her registration number
and the name of his or her employer, and indicate whether he or
she is under the supervision of a licensed marriage and family
therapist, licensed clinical social worker, licensed professional
clinical counselor, licensed psychologist, or a licensed physician
and surgeon certified in psychiatry by the American Board of
Psychiatry and Neurology.

(d) (1) Any advertisement by or on behalf of a marriage and
family therapist registered intern shall include, at a minimum, all
of the following information:

(A) That he or she is a marriage and family therapist registered
intern.

(B) The intern’s registration number.

(C) The name of his or her employer.

(D) That he or she is supervised by a licensed person.

(2) The abbreviation “MFTI” shall not be used in an
advertisement unless the title “marriage and family therapist
registered intern” appears in the advertisement.

SEC. 5.  

Section 4996.23 of the Business and Professions Code
is amended to read:

4996.23.  

(a) To qualify for licensure as specified in Section
4996.2, each applicant shall complete 3,200 hours of post-master’s
degree begin insert supervised end insert experience related to the practice of clinical
social work, under a begin delete qualified end delete supervisor. The experience shall
comply with the following:

(1) At least 1,700 hours shall be gained under the supervision
of a licensed clinical social worker. The remaining required
supervised experience may be gained under the supervision of a
licensed mental health professional acceptable to the board as
defined by a regulation adopted by the board.

(2) A minimum of 2,000 hours in clinical psychosocial
diagnosis, assessment, and treatment, including psychotherapy or
counseling.

(3) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, research, direct supervisor contact, and
workshops, seminars, training sessions, or conferences directly
related to clinical social work that have been approved by the
applicant’s supervisor.

(4) Of the 2,000 clinical hours required in paragraph (2), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.

(5) A minimum of two years of supervised experience is required
to be obtained over a period of not less than 104 weeks and shall
have been gained within the six years immediately preceding the
date on which the application for licensure was filed.

(6) Experience shall not be credited for more than 40 hours in
any week.

(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2020, may
alternately qualify under the experience requirements that were in
place on January 1, 2015.

(c) “Supervision” means responsibility for, and control of, the
quality of clinical social work services being provided.
Consultation or peer discussion shall not be considered to be
supervision.

(d) (1) Prior to the commencement of supervision, a supervisor
shall comply with all requirements enumerated in Section 1870 of
Title 16 of the California Code of Regulations and shall sign under
penalty of perjury the “Responsibility Statement for Supervisors
of an Associate Clinical Social Worker” form.

(2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. For
purposes of this subdivision, “one hour of direct supervisor contact”
means one hour per week of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group conducted
within the same week as the hours claimed.

(3) An associate shall receive at least one additional hour of
direct supervisor contact for every week in which more than 10
hours of face-to-face psychotherapy is performed in each setting
in which experience is gained. No more than six hours of
supervision, whether individual or group, shall be credited during
any single week.

(4) Supervision shall include at least one hour of direct
supervisor contact during each week for which experience is gained
in each work setting. Supervision is not required for experience
gained attending workshops, seminars, training sessions, or
conferences as described in paragraph (3) of subdivision (a).

(5) The six hours of supervision that may be credited during
any single week pursuant to paragraph (3) shall apply only to
supervision hours gained on or after January 1, 2010.

(6) Group supervision shall be provided in a group of not more
than eight supervisees and shall be provided in segments lasting
no less than one continuous hour.

(7) Of the 104 weeks of required supervision, 52 weeks shall
be individual supervision, and of the 52 weeks of required
individual supervision, not less than 13 weeks shall be supervised
by a licensed clinical social worker.

(8) Notwithstanding paragraph (2), an associate clinical social
worker working for a governmental entity, school, college, or
university, or an institution that is both a nonprofit and charitable
institution, may obtain the required weekly direct supervisor
contact via live two-way videoconferencing. The supervisor shall
be responsible for ensuring that client confidentiality is preserved.

(e) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the
laws and regulations. The associate shall submit to the board the
initial original supervisory plan upon application for licensure.

(f) Experience shall only be gained in a setting that meets both
of the following:

(1) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.

(2) Provides oversight to ensure that the associate’s work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the profession
as defined in Section 4996.9.

(g) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.

(h) Employment in a private practice as defined in subdivision
(i) shall not commence until the applicant has been registered as
an associate clinical social worker.

(i) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed professional clinical
counselor, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.

(j) If volunteering, the associate shall provide the board with a
letter from his or her employer verifying his or her voluntary status
upon application for licensure.

(k) If employed, the associate shall provide the board with copies
of his or her W-2 tax forms for each year of experience claimed
upon application for licensure.

(l) While an associate may be either a paid employee or
volunteer, employers are encouraged to provide fair remuneration
to associates.

(m) An associate shall not do the following:

(1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.

(2) Have any proprietary interest in the employer’s business.

(3) Lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of his or her
employer.

(n) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate’s
employer if that person has signed a written agreement with the
employer to take supervisory responsibility for the associate’s
social work services.

(o) Notwithstanding any other provision of law, associates and
applicants for examination shall receive a minimum of one hour
of supervision per week for each setting in which he or she is
working.

SEC. 6.  

Section 4999.46 of the Business and Professions Code,
as amended by Section 3 of Chapter 435 of the Statutes of 2014,
is amended to read:

4999.46.  

(a) To qualify for licensure as specified in Section
4999.50, applicants shall complete experience related to the
practice of professional clinical counseling under begin delete a qualified end delete begin insert an
approved end insert supervisor. The experience shall comply with the
following:

(1) A minimum of 3,000 postdegree hours of supervised
experience performed over a period of not less than two years (104
weeks).

(2) Not more than 40 hours in any seven consecutive days.

(3) Not less than 1,750 hours of direct counseling with
individuals, groups, couples, or families in a setting described in
Section 4999.44 using a variety of psychotherapeutic techniques
and recognized counseling interventions within the scope of
practice of licensed professional clinical counselors.

(4) Not less than 150 hours of clinical experience in a hospital
or community mental health setting, as defined in Section 1820 of
Title 16 of the California Code of Regulations.

(5) A maximum of 1,250 hours of nonclinical practice, begin delete including end delete
begin insert consisting of end insert direct supervisor contact, administering and evaluating
psychological tests, writing clinical reports, writing progress or
process notes, client-centered advocacy, and workshops, seminars,
training sessions, or conferences directly related to professional
clinical counseling that have been approved by the applicant’s
supervisor.

(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2020, may
alternately qualify under the experience requirements that were in
place on January 1, 2015.

(c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.

(d) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern registration
within 90 days of the granting of the qualifying degree and is
registered as an intern by the board.

(e) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for
compliance with all laws, rules, and regulations governing the
practice of professional clinical counseling.

(f) Experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Experience obtained
under the supervision of a supervisor with whom the applicant has
had or currently has a personal, professional, or business
relationship that undermines the authority or effectiveness of the
supervision shall not be credited toward the required hours of
supervised experience.

(g) Except for experience gained by attending workshops,
seminars, training sessions, or conferences as described in
paragraph (5) of subdivision (a), supervision shall include at least
one hour of direct supervisor contact in each week for which
experience is credited in each work setting.

(1) No more than six hours of supervision, whether individual
or group, shall be credited during any single week. This paragraph
shall apply to supervision hours gained on or after January 1, 2009.

(2) An intern shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.

(3) For purposes of this section, “one hour of direct supervisor
contact” means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons in segments lasting no less than one continuous
hour.

(4) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable, may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.

(h) This section shall become operative on January 1, 2016.