BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 956
Author: Roger Hernández (D), et al.
Amended: 5/27/11 in Senate
Vote: 21
SENATE BUS, PROF & ECON DEVELOP COMM : 8-0, 06/06/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Wyland
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 05/12/11 - See last page for vote
SUBJECT : Marriage and family therapy: interns and
trainees:
advertisements
SOURCE : California Association of Marriage and Family
Therapist
DIGEST : This requires a marriage and family therapist
intern and a marriage and family therapist trainee, prior
to performing professional services, to provide each client
or patient with the name of his or her employer and
indicate that he or she is under the supervision of a
licensed person, as specified, and requires any
advertisement by or on behalf of an intern or trainee to
include specified information; requires an intern's
registration number to be disclosed to clients and patients
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AB 956
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and in advertisements.
ANALYSIS : Existing law:
1.Licenses and regulates the practice of marriage and
family therapists (MFTs), and provides for the
registration and regulation of MFT interns, and MFT
trainees by the Board of Behavioral Sciences (BBS) within
the Department of Consumer Affairs.
2.Authorizes MFT interns and trainees to perform counseling
activities and services in certain work settings; and
requires that a trainee or intern shall at all times be
under the supervision of a supervisor.
3.Requires the supervisor to be responsible for ensuring
that the counseling performed is consistent with the
training and experience of the person being supervised,
requires the supervisor to be responsible to the BBS for
compliance with all laws, rules, and regulations
governing the practice of marriage and family therapy.
4.Defines "supervisor" to include an MFT, licensed clinical
social worker (LCSW), licensed psychologist, or licensed
physician certified in psychiatry.
5.Requires MFT interns and trainees to inform each client
or patient prior to performing any professional services
that he or she is unlicensed and under the supervision of
a licensed MFT, LCSW, licensed psychologist, or a
licensed physician and surgeon certified in psychiatry.
6.Requires any advertisement for services performed by a
trainee to include the trainee's name, the supervisor's
license designation or abbreviation, and the supervisor's
license number.
This bill:
1.Requires an MFT intern to additionally inform clients or
patients prior to performing professional services that
he or she is an unlicensed MFT intern, provide his or her
registration number and the name of his or her employer.
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2.Requires any advertisement by or on behalf of a MFT
intern to include at a minimum the following information:
A. That he or she is a registered intern.
B. The intern's registration number.
C. The name of the intern's employer.
D. That the intern is supervised by a licensed person.
1.For MFT interns, prohibits the use of the abbreviation
"MFTI" in an advertisement unless the title "marriage and
family therapist registered intern" appears in the
advertisement.
2.Requires an MFT trainee to additionally inform clients or
patients prior to performing professional services that
he or she is an unlicensed MFT trainee, and the name of
his or her employer.
3.Requires any advertisement by or on behalf of a MFT
trainee to include at a minimum the following
information:
A. That he or she is an MFT trainee.
B. The name of the trainee's employer.
C. That the trainee is supervised by a licensed
person.
Background
Only licensed mental health professionals may supervise MFT
interns and trainees. Licensed mental health professionals
include MFTs, LCSWs, licensed psychologists, and licensed
physicians certified in psychiatry by the American Board of
Psychiatry and Neurology. Additionally, the supervisor
must maintain a current valid California license for at
least two years. The Board requires supervisors of
registered interns and trainees to complete a minimum of
six hours of supervision training or coursework within two
years immediately preceding supervision (or within 60 days
of commencement of supervision) and every renewal period
thereafter. Psychologists and physicians certified in
psychiatry are exempt from supervision training.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: Yes
SUPPORT : (Verified 6/27/11)
California Association of Marriage and Family Therapists
(source)
Board of Behavioral Sciences
California Psychiatric Association
ARGUMENTS IN SUPPORT : According to the author's office,
misleading and deceptive online advertisements offering
mental health services are becoming an emerging trend, and
more advertisements offering marriage and family counseling
are created by unqualified individuals. The Author states
that an increasing number of such advertisements are
published by MFT interns, who by law, may only provide
services to the public as an employee or a volunteer for a
licensed person or other lawful entity, and can only do so
under appropriate supervision. Certain advertisements
appear to offer services performed by licensed
professionals, but are instead carried out by interns, and
the Author indicates, the advertisements can mislead
consumers to believe interns are medical professionals by
using the acronym MFTI, instead of explicitly stating the
full title of the intern. "Unfortunately, this type of
misleading advertising is increasing. If left unaddressed,
those seeking mental health services from a licensed
professional may unknowingly receive inferior care from an
unlicensed individual."
The author further indicates that this ambiguity is found
not only in online advertisements, but within some medical
clinics as well. Currently, MFT interns must disclose
their intern status before treating patients; however other
critical information, such as the disclosure of whether the
MFT intern is under the supervision of a licensed
professional, may be omitted.
This bill will encourage truthfulness in advertising and
will allow consumers to make informed choices when choosing
a mental health provider.
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ASSEMBLY FLOOR : 70-0, 05/12/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino,
Torres
JJA:nl 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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