BILL NUMBER: AB 2552 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 12, 2004
PASSED THE ASSEMBLY APRIL 29, 2004
AMENDED IN ASSEMBLY APRIL 26, 2004
INTRODUCED BY Assembly Member Leno
FEBRUARY 20, 2004
An act to amend Sections 4980.02, 4980.43, 4980.44, and 4987.7 of,
to amend the heading of Chapter 13 (commencing with Section 4980) of
Division 2 of, and to amend the heading of Article 6 (commencing
with Section 4987.5) of Chapter 13 of Division 2 of, the Business and
Professions Code, relating to marriage and family therapy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2552, Leno. Marriage and family therapy.
Under existing law, the Board of Behavioral Sciences is
responsible for licensing and regulating the practice of marriage and
family therapy. Under existing law, the practice of marriage and
family therapy includes the application of certain therapy principles
and methods.
This bill would include the use, application, and integration of
specified coursework and training among those principles and methods.
Existing law requires an intern who is employed or volunteering in
a private practice to be under the direct supervision of a licensee
who is employed and practices at the same site as the intern's
employer.
This bill would in addition authorize an intern to be supervised
by a licensee who is an owner or shareholder of the private practice.
The bill would also authorize a supervisor to arrange for
alternative supervision during the supervisor's vacation or sick
leave, if certain requirements are met.
Existing law requires an unlicensed marriage and family therapist
intern who performs professional services to inform each client or
patient that he or she is unlicensed and under the supervision of
specified licensees, including a licensed physician and surgeon who
has completed a residency in psychiatry and meets additional
requirements.
This bill would delete this licensee from the list of authorized
supervising licenses.
Existing law requires the name of a marriage and family therapy
corporation to contain one or more of certain words, including
"counseling," "counselor," or "therapist."
This bill would in addition authorize the use of the word "therapy"
in a marriage and family therapy corporation's name.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 13 (commencing with Section
4980) of Division 2 of the Business and Professions Code is amended
to read:
CHAPTER 13. MARRIAGE AND FAMILY THERAPISTS
SEC. 2. Section 4980.02 of the Business and Professions Code is
amended to read:
4980.02. For the purposes of this chapter, the practice of
marriage and family therapy shall mean that service performed with
individuals, couples, or groups wherein interpersonal relationships
are examined for the purpose of achieving more adequate, satisfying,
and productive marriage and family adjustments. This practice
includes relationship and premarriage counseling.
The application of marriage and family therapy principles and
methods includes, but is not limited to, the use of applied
pyschotherapeutic techniques, to enable individuals to mature and
grow within marriage and the family, the provision of explanations
and interpretations of the psychosexual and psychosocial aspects of
relationships, and the use, application, and integration of the
coursework and training required by Sections 4980.37, 4980.40, and
4980.41.
SEC. 3. Section 4980.43 of the Business and Professions Code is
amended to read:
4980.43. (a) For all applicants, a minimum of two calendar years
of supervised experience is required, which experience shall consist
of 3,000 hours obtained over a period of not less than 104 weeks.
Not less than 1,500 hours of experience shall be gained subsequent to
the granting of the qualifying master's or doctor's degree. For
those applicants who enroll in a qualifying degree program on or
after January 1, 1995, not more than 750 hours of counseling and
direct supervisor contact may be obtained prior to the granting of
the qualifying master's or doctor's degree. However, this limitation
shall not be interpreted to include professional enrichment
activities. Except for personal psychotherapy hours gained after
enrollment and commencement of classes in a qualifying degree
program, no hours of experience may be gained prior to becoming a
trainee. All experience shall be gained within the six years
immediately preceding the date the application for licensure was
filed, except that up to 500 hours of clinical experience gained in
the supervised practicum required by subdivision (b) of Section
4980.40 shall be exempt from this six-year requirement.
(b) 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. Experience shall be gained
by interns and trainees either as an employee or as a volunteer in
any allowable work setting specified in this chapter. 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 interns or trainees as an
independent contractor.
(c) Supervision shall include at least one hour of direct
supervisor contact for each week of experience claimed. 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. A
person gaining postdegree experience shall receive an average of at
least one hour of direct supervisor contact for every 10 hours of
client contact in each setting in which experience is gained. 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. The contact may be counted toward the experience
requirement for licensure, up to the maximum permitted by subdivision
(d). All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation. The 5 to 1 and 10 to 1
ratios specified in this subdivision shall be applicable to all hours
gained on or after January 1, 1995.
(d) (1) The experience required by Section 4980.40 shall include
supervised marriage and family therapy, and up to one-third of the
hours may include direct supervisor contact and other professional
enrichment activities.
(2) "Professional enrichment activities," for the purposes of this
section, may include group, marital or conjoint, family, or
individual psychotherapy received by an applicant. This
psychotherapy may include up to 100 hours taken subsequent to
enrolling and commencing classes in a qualifying degree program, or
as an intern, and each of those hours shall be triple counted toward
the professional experience requirement. This psychotherapy shall be
performed by a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, licensed physician and
surgeon certified in psychiatry by the American Board of Psychiatry
and Neurology, or a licensed physician and surgeon who has completed
a residency in psychiatry.
(e) (1) A trainee may gain the experience required by subdivision
(f) of Section 4980.40 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 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 gain the experience required by subdivision
(f) of Section 4980.40 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
enumerated in subdivision (f) of Section 4980.40. 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) All persons shall register with the board as an intern in
order to be credited for postdegree hours of experience gained toward
licensure, regardless of the setting where those hours are to be
gained. Except as provided in subdivision (h), all postdegree hours
shall be gained as a registered intern.
(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 doctor's 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 the employer's business.
(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 an employee
and not an independent contractor. 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. (a) An unlicensed marriage and family therapist intern
employed under this chapter shall:
(1) Have earned at least a master's degree as specified in Section
4980.40.
(2) Be registered with the board prior to the intern performing
any duties, except as otherwise provided in subdivision (e) of
Section 4980.43.
(3) File for renewal of registration annually for a maximum of
five years after initial registration with the board. Renewal of
registration shall include filing an application for renewal, paying
a renewal fee of seventy-five dollars ($75), and notifying the board
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been
taken by any regulatory or licensing board in this or any other
state, subsequent to the issuance of the initial registration or the
registrant's last renewal.
(4) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, or a licensed
physician and surgeon certified in psychiatry by the American Board
of Psychiatry and Neurology.
(5) Continued employment as an unlicensed marriage and family
therapist intern shall cease after six years unless the requirements
of subdivision (b) are met. No registration shall be renewed or
reinstated beyond the six years from initial issuance regardless of
whether it has been revoked.
(b) When no further renewals are possible, an applicant may apply
for and obtain new intern registration status if the applicant meets
the educational requirements for registration in effect at the time
of the application for a new intern registration. An applicant who
is issued a subsequent intern registration pursuant to this
subdivision may be employed or volunteer in any allowable work
setting except private practice.
SEC. 5. The heading of Article 6 (commencing with Section 4987.5)
of Chapter 13 of Division 2 of the Business and Professions Code is
amended to read:
Article 6. Marriage and Family Therapy Corporations
SEC. 6. Section 4987.7 of the Business and Professions Code is
amended to read:
4987.7. The name of a marriage and family therapy corporation
shall contain one or more of the words "marriage," "family," or
"child" together with one or more of the words "counseling,"
"counselor," "therapy," or "therapist," and wording or abbreviations
denoting corporate existence. A marriage and family therapy
corporation that conducts business under a fictitious business name
shall not use any name that is false, misleading or deceptive, and
shall inform the patient, prior to the commencement of treatment,
that the business is conducted by a marriage and family therapy
corporation.