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AB-428 Healing arts: marriage and family therapists: clinical social workers: coursework.(2013-2014)

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Assembly Bill No. 428
CHAPTER 376

An act to amend Sections 4980.41 and 4996.2 of the Business and Professions Code, relating to healing arts.

[ Approved by Governor  September 27, 2013. Filed with Secretary of State  September 27, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 428, Eggman. Healing arts: marriage and family therapists: clinical social workers: coursework.
Existing law provides for the licensure or registration and regulation of marriage and family therapists and interns by the Board of Behavioral Sciences. Under existing law, until January 1, 2019, an applicant for a marriage and family therapist licensure or registration who began graduate study before August 1, 2012, and completes that study on or before December 31, 2018, is required to complete prescribed coursework or training to be eligible to sit for a licensing examination.
Under existing law, the prescribed coursework and training require, among other things, that a master’s or doctor’s degree qualifying for licensure include specific instruction in alcoholism and other chemical substance dependency.
This bill would specify that coursework requirement may be satisfied if taken in fulfillment of other educational requirements for licensure or in a separate course, and that the applicant may satisfy the requirement by successfully completing the coursework from a master’s or doctoral degree program at an accredited or approved institution or with a board-accepted provider of continuing education, as specified.
The prescribed coursework and training also require that a master’s or doctor’s degree qualifying for licensure include coursework in spousal or partner abuse assessment, detection, and intervention, as specified. Existing law provides that those requirements may be satisfied if taken in fulfillment of other educational requirements for licensure or in a separate course, and may be satisfied by a specified certification from the chief academic officer of the educational institution from which the applicant graduated.
This bill would specify that the applicant may meet this requirement by successfully completing this coursework from a master’s or doctoral degree program at an accredited or approved institution or from a board-accepted provider of continuing education, as described. This bill would delete provisions that permit the board to accept as satisfaction of those coursework requirements certification from the chief academic officer of the educational institution.
Existing law provides for the licensure and regulation of clinical social workers by the Board of Behavioral Sciences. Under existing law, an applicant for a clinical social worker license is required to furnish to the board evidence that he or she has, among other things, completed instruction and training in spousal or partner abuse assessment, detection, and intervention strategies, as specified, which may be satisfied by a specified certification from the chief academic officer of the educational institution from which the applicant graduated.
This bill would delete provisions that permit the board to accept as satisfaction of those coursework requirements certification from the chief academic officer of the educational institution.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4980.41 of the Business and Professions Code is amended to read:

4980.41.
 (a) An applicant for licensure whose education qualifies him or her under Section 4980.37 shall complete the following coursework or training in order to be eligible to sit for the licensing examinations as specified in subdivision (d) of Section 4980.40:
(1) A two semester or three quarter unit course in California law and professional ethics for marriage and family therapists, which shall include, but not be limited to, the following areas of study:
(A) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the profession’s scope of practice.
(B) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of marriage and family therapy, including family law.
(C) The current legal patterns and trends in the mental health profession.
(D) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or others, and the treatment of minors with and without parental consent.
(E) A recognition and exploration of the relationship between a practitioner’s sense of self and human values and his or her professional behavior and ethics.
This course may be considered as part of the 48 semester or 72 quarter unit requirements contained in Section 4980.37.
(2) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester or 72 quarter unit requirement contained in Section 4980.37.
(4) For persons who began graduate study on or after January 1, 1986, a master’s or doctor’s degree qualifying for licensure shall include specific instruction in alcoholism and other chemical substance dependency as specified by regulation. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it shall be considered as part of the 48 semester or 72 quarter unit requirement contained in Section 4980.37. Coursework required under this paragraph may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. The applicant may satisfy this requirement by successfully completing this coursework from a master’s or doctoral degree program at an accredited or approved institution, as described in subdivision (b) of Section 4980.37, or from a board-accepted provider of continuing education, as described in Section 4980.54.
(5) For persons who began graduate study during the period commencing on January 1, 1995, and ending on December 31, 2003, a master’s or doctor’s degree qualifying for licensure shall include coursework in spousal or partner abuse assessment, detection, and intervention. For persons who began graduate study on or after January 1, 2004, a master’s or doctor’s degree qualifying for licensure shall include a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this paragraph may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. The applicant may satisfy this requirement by successfully completing this coursework from a master’s or doctoral degree program at an accredited or approved institution, as described in subdivision (b) of Section 4980.37, or from a board-accepted provider of continuing education, as described in Section 4980.54.
(6) For persons who began graduate study on or after January 1, 2001, an applicant shall complete a minimum of a two semester or three quarter unit survey course in psychological testing. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it may be considered as part of the 48 semester or 72 quarter unit requirement of Section 4980.37.
(7) For persons who began graduate study on or after January 1, 2001, an applicant shall complete a minimum of a two semester or three quarter unit survey course in psychopharmacology. When coursework in a master’s or doctor’s degree program is acquired to satisfy this requirement, it may be considered as part of the 48 semester or 72 quarter unit requirement of Section 4980.37.
(8) The requirements added by paragraphs (6) and (7) are intended to improve the educational qualifications for licensure in order to better prepare future licentiates for practice and are not intended in any way to expand or restrict the scope of practice for marriage and family therapists.
(b) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

SEC. 2.

 Section 4996.2 of the Business and Professions Code is amended to read:

4996.2.
 Each applicant shall furnish evidence satisfactory to the board that he or she complies with all of the following requirements:
(a) Is at least 21 years of age.
(b) Has received a master’s degree from an accredited school of social work.
(c) Has had two years of supervised post-master’s degree experience, as specified in Section 4996.23.
(d) Has not committed any crimes or acts constituting grounds for denial of licensure under Section 480. The board shall not issue a registration or license to any person who has been convicted of any crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.
(e) Has completed adequate instruction and training in the subject of alcoholism and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after January 1, 1986.
(f) Has completed instruction and training in spousal or partner abuse assessment, detection, and intervention. This requirement applies to an applicant who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. An applicant who began graduate training on or after January 1, 2004, shall complete a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.
(g) Has completed a minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 1807 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 1807.2 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.