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AB-2363 Marriage and family therapists: clinical social workers: professional clinical counselors. (2019-2020)

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Date Published: 02/18/2020 09:00 PM
AB2363:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2363


Introduced by Assembly Member Arambula

February 18, 2020


An act to amend Sections 4980.01, 4980.43, 4980.43.2, 4980.43.3, 4980.43.4, 4980.46, 4992.10, 4996.14, 4996.15, 4996.23, 4996.23.1, 4996.23.2, 4996.23.3, 4999.22, 4999.46, 4999.46.2, 4999.46.3, 4999.46.4, and 4999.72 of, to amend and renumber Section 4999.24 of, and to add Sections 4980.05, 4980.06, 4996.14.1, 4996.14.2, 4999.25, and 4999.26 to, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2363, as introduced, Arambula. Marriage and family therapists: clinical social workers: professional clinical counselors.
(1) Existing law, the Licensed Marriage and Family Therapist Act, provides for the licensure, registration, and regulation of marriage and family therapists and associate marriage and family therapists by the Board of Behavioral Sciences. The Social Work Licensing Law provides for the licensure, registration, and regulation of clinical social workers and associate clinical social workers by the board. The Licensed Professional Clinical Counselor Act provides for the licensure, registration, and regulation of professional clinical counselors and an associate professional clinical counselors by the board. A violation of the acts and that law is a misdemeanor.
(2) Existing law makes the acts and that law inapplicable to an unlicensed or unregistered employee or volunteer working in specified institutions that are nonprofit and charitable if, among other things, the work is performed solely under the supervision of the entity.
This bill would instead require the work of the employee or volunteer to be performed under the oversight and direction of the entity. The bill would define the term “nonexempt setting” for purposes of the acts and that law. The bill would require a person who holds a valid license or registration to engage in the practices in nonexempt settings for which the license or registration is held, except as specified.
(3) Existing law prohibits an applicant from being employed or volunteering in a private practice until the applicant has been issued an associate registration by the board. Existing law also prohibits a trainee gaining supervisory hours from performing services in a private practice.
This bill would also prohibit an applicant from being employed or volunteering in a professional corporation, as defined, and would prohibit a trainee gaining supervisory hours from performing services in a professional corporation.
(4) Existing law requires a person with an associate registration to have direct supervisor contact, as specified, and authorizes a supervisor to supervise a maximum of 3 persons.
This bill would increase the maximum number of persons a supervisor may supervise to 6 persons.
(5) This bill would make conforming and other nonsubstantive changes.
(6) Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 4980.01 of the Business and Professions Code is amended to read:

4980.01.
 (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Social Work Licensing Law, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.
(b) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination when performing counseling services as part of their pastoral or professional duties, or to any person who is admitted to practice law in the state, or a physician and surgeon who provides counseling services as part of their professional practice.
(c) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision under the oversight and direction of the entity.
(2) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services, a notice written in at least 12-point type that is in substantially the following form:

NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered counselor providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).

(d) A marriage and family therapist licensed under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a health care provider subject to the provisions of Section 2290.5 pursuant to subdivision (b) of that section.
(e) Notwithstanding subdivisions (b) and (c), all persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board.

SEC. 2.

 Section 4980.05 is added to the Business and Professions Code, to read:

4980.05.
 The settings described in Section 4980.01 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 4980.01, and with the following exceptions:
(a) Any individual working or volunteering in an exempt setting who is licensed or registered under this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered an exempt setting unless it directly meets the criteria described in Section 4980.01.

SEC. 3.

 Section 4980.06 is added to the Business and Professions Code, to read:

4980.06.
 (a) For the purposes of this chapter, the following definitions apply:
(1) “Nonexempt setting” means any type of setting that does not qualify as an exempt setting, as specified in Section 4980.01.
(2) “Private practice” means a type of nonexempt setting that meets the all of the following:
(A) The practice is owned by a health professional who is licensed under this division either independently or jointly with one or more other health professionals who are licensed under this division.
(B) The practice provides clinical mental health services, including psychotherapy, to clients.
(C) One or more licensed health professionals are responsible for the practice and for the services provided and set conditions of client payment or reimbursement for the provision of services.
(3) “Professional corporation” means a type of nonexempt setting and private practice that has been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered a private practice setting.
(c) An active license or registration number shall be required to engage in the practice of marriage and family therapy as defined in section 4980.02, in nonexempt settings at all times with the following exceptions:
(1) A trainee may engage in the practice of marriage and family therapy in a nonexempt setting that is not a private practice or a professional corporation while they are gaining supervised experience that meets the requirements of this chapter under the jurisdiction and supervision of their school as specified in Section 4980.42.
(2) An applicant for registration as an associate may engage in the practice of marriage and family therapy in a nonexempt setting that is not a private practice or a professional corporation before the registration number is issued if they are in compliance with subdivision (b) of Section 4980.43 and are gaining supervised experience that meets the requirements of this chapter.

SEC. 4.

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

4980.43.
 (a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of supervised experience.
(b) (1) Preregistered postdegree Postdegree hours of experience gained before the issuance of an associate registration shall be credited toward licensure if all of the following apply:
(A) The registration applicant applies for the associate registration and the board receives the application within 90 days of the granting of the qualifying master’s degree or doctoral degree.
(B) For applicants completing graduate study on or after January 1, 2020, the experience is obtained at a workplace that, prior to the registration applicant gaining supervised experience hours, requires completed Live Scan fingerprinting. The applicant shall provide the board with a copy of that completed State of California “Request for Live Scan Service” form with the application for licensure.
(C) The board subsequently grants the associate registration.
(2) The applicant shall not be employed or volunteer in a private practice or a professional corporation until the applicant has been issued an associate registration by the board.
(c) Supervised experience that is obtained for purposes of qualifying for licensure shall be related to the practice of marriage and family therapy and comply with the following:
(1) A minimum of 3,000 hours 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) Hours of experience shall not be gained prior to completing either 12 semester units or 18 quarter units of graduate instruction.
(7) Hours of experience shall not have been gained more than six years prior to the date the application for licensure was received by the board, 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 clinical 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 1,200 hours gained under the supervision of a licensed educational psychologist providing educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(10) A maximum of 1,250 hours of nonclinical practice, consisting of 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.
(11) 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.
(d) An individual who submits an application for licensure between January 1, 2016, and December 31, 2020, may alternatively qualify under the experience requirements of this section that were in place on January 1, 2015.

SEC. 5.

 Section 4980.43.2 of the Business and Professions Code is amended to read:

4980.43.2.
 (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (9) of subdivision (a) of Section 4980.43, direct supervisor contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting.
(2) A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of direct clinical counseling performed each week in each setting. For experience gained on or after January 1, 2009, no more than six hours of supervision, whether individual, triadic, or group, shall be credited during any single week.
(3) An associate gaining experience who performs more than 10 hours of direct clinical counseling in a week in any setting shall receive at least one additional hour of direct supervisor contact for that setting. For experience gained on or after January 1, 2009, no more than six hours of supervision, whether individual, triadic, or group, shall be credited during any single week.
(4) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic supervision, or a combination of both.
(b) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(1) Individual supervision, which means one hour of face-to-face contact between one supervisor and one supervisee.
(2) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two supervisees.
(3) Group supervision, which means two hours of face-to-face contact between one supervisor and no more than eight supervisees. Segments of group supervision may be split into no less than one continuous hour. A supervisor shall ensure that the amount and degree of supervision is appropriate for each supervisee.
(c) Direct supervisor contact shall occur within the same week as the hours claimed.
(d) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements of this chapter.

(d)

(e) Notwithstanding subdivision (b), an associate a supervisee working in a governmental entity, school, college, university, or an institution that is nonprofit and charitable an exempt setting described in Section 4980.01 may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring compliance with federal and state laws relating to confidentiality of patient health information.

(e)

(f) Notwithstanding any other law, once the required number of experience hours are gained, associates and applicants for licensure shall receive a minimum of one hour of direct supervisor contact per week for each practice setting in which direct clinical counseling is performed. Once the required number of experience hours are gained, further supervision for nonclinical practice, as defined in paragraph (9) of subdivision (a) of Section 4980.43, shall be at the supervisor’s discretion.

SEC. 6.

 Section 4980.43.3 of the Business and Professions Code is amended to read:

4980.43.3.
 (a) A trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. A trainee, associate, or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4980.02, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.
(1) If employed, an associate shall provide the board, upon application for licensure, with copies of the W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a letter from his or her their employer verifying the associate’s status as a volunteer during the dates the experience was gained.
(b) (1) A trainee shall not perform services in a private practice. or a professional corporation. A trainee may be credited with supervised experience completed in a setting that meets all of the following:
(A) Is not a private practice. practice or professional corporation.
(B) Lawfully and regularly provides mental health counseling or psychotherapy.
(C) Provides oversight to ensure that the trainee’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice for the profession, as defined in Section 4980.02.
(2) Only experience gained in the position for which the trainee volunteers or is employed shall qualify as supervised experience.
(c) (1) An associate may be credited with supervised experience completed in any setting that meets both of the following:

(1)

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

(2)

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

(3)

(2) Only experience gained in the position for which the associate volunteers or is employed shall qualify as supervised experience.

(4)

(3) An applicant for registration as an associate shall not be employed or volunteer in a private practice until he or she has practice or professional corporation until they have been issued an associate registration by the board.
(d) Any experience obtained under the supervision of a spouse, relative, or domestic partner shall not be credited toward the required hours of supervised experience. Any 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.
(e) A trainee, associate, or applicant for licensure shall not receive any remuneration from patients or clients and shall only be paid by his or her their employer, if an employee.
(f) A trainee, associate, or applicant for licensure shall have no proprietary interest in his or her their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of his or her their employer.
(g) A trainee, associate, or applicant for licensure who provides voluntary services in any lawful work setting other than a private practice and who only receives received reimbursement for expenses actually incurred shall be considered an employee. The board may audit an applicant for licensure who receives reimbursement for expenses and the applicant for licensure shall have the burden of demonstrating that the payment received was for reimbursement of expenses actually incurred.
(h) A trainee, associate, or applicant for licensure who receives a stipend or educational loan repayment from a program designed to encourage demographically underrepresented groups to enter the profession or to improve recruitment and retention in underserved regions or settings shall be considered an employee. The board may audit an applicant who receives a stipend or educational loan repayment and the applicant shall have the burden of demonstrating that the payment received was for the specified purposes.
(i) An associate or a trainee may provide services via telehealth that are in the scope of practice outlined in this chapter.
(j) Each educational institution preparing applicants pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her their associates and trainees regarding the advisability of undertaking individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, educational institutions and supervisors are encouraged to assist the applicant to locate counseling or psychotherapy at a reasonable cost.

SEC. 7.

 Section 4980.43.4 of the Business and Professions Code is amended to read:

4980.43.4.
 (a) A trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted.

(b)An associate who is employed or volunteering in a private practice shall be supervised by an individual who is employed by, and shall practice at the same site as, the associate’s employer. Alternatively, the supervisor may be an owner of the private practice. However, if the site is incorporated, the supervisor must be employed full-time at the site and be actively engaged in performing professional services at the site.

(c)A supervisor at a private practice or a corporation shall not supervise more than a total of three supervisees at any one time. Supervisees may be registered as an associate marriage and family therapist, an associate professional clinical counselor, or an associate clinical social worker.

(d)In a setting that is not a private practice:

(1)A written oversight agreement, as specified by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer.

(2)A supervisor shall evaluate the site or sites where a trainee or associate will be gaining experience to determine that the site or sites comply with the requirements set forth in this chapter.

(e)Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter and regulation.

(b) An associate who is employed by or is volunteering in a private practice or a professional corporation shall be supervised by an individual who:
(1) Is employed or contracted by the associate’s employer or the owner of the private practice or professional corporation.
(2) Provides psychotherapeutic services to clients at the same site as the associate.
(c) Supervisors in a nonexempt setting shall not serve as an individual or triadic supervisor for more than six supervisees at any time. A supervisee may be registered as an associate marriage and family therapist, associate professional clinical counselor, associate clinical social worker, or any combination of those registrations.
(d) A written oversight agreement, which shall be specified by the department by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be gaining experience to determine that the site or sites comply with the requirements of this chapter.

SEC. 8.

 Section 4980.46 of the Business and Professions Code is amended to read:

4980.46.
 Any licensed marriage and family therapist who conducts a private practice under owns a business using 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, of the name and license designation of the owner or owners of the practice.

SEC. 9.

 Section 4992.10 of the Business and Professions Code is amended to read:

4992.10.
 A licensed clinical social worker who conducts a private practice under owns a business using a fictitious business name shall not use a name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice.

SEC. 10.

 Section 4996.14 of the Business and Professions Code is amended to read:

4996.14.
 (a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Licensed Marriage and Family Therapist Act, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.
(b) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity, a school, a college, a university, or an institution that is both nonprofit and charitable if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision of the under the oversight and direction of the entity.
(2) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services, a notice written in at least 12-point type that is in substantially the following form:

NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered counselor providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).

(c) This chapter shall not apply to a person using hypnotic techniques if their client was referred by a physician and surgeon, dentist, or psychologist.
(d) This chapter shall not apply to a person using hypnotic techniques that offer vocational self-improvement, and the person is not performing therapy for emotional or mental disorders.

SEC. 11.

 Section 4996.14.1 is added to the Business and Professions Code, to read:

4996.14.1.
 The settings described in Section 4996.14 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in section 4996.14, and with the following exceptions:
(a) Any individual working or volunteering in an exempt setting who is licensed or registered under this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered an exempt setting unless it directly meets the criteria described in section 4996.14.

SEC. 12.

 Section 4996.14.2 is added to the Business and Professions Code, to read:

4996.14.2.
 (a) For the purposes of this chapter, the following definitions apply:
(1) “Nonexempt setting” means a setting that does not qualify as an exempt setting, as specified in Section 4996.14.
(2) “Private practice” means a nonexempt setting that meets all of the following criteria:
(A) The practice is owned by a healing arts professional who is licensed under this division either independently or jointly with one or more other health professionals who are licensed under this division.
(B) The practice provides clinical mental health services, including psychotherapy, to clients.
(C) One or more licensed healing arts professionals are responsible for the practice and for the services provided and set conditions of client payment or reimbursement for the provision of services.
(3) “Professional corporation” is a nonexempt setting and private practice that has been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code.
(4) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered a private practice setting.
(b) An active license or registration number shall be required to engage in the practice of clinical social work, as defined in Section 4996.9, in nonexempt settings at all times, except as follows:
(1) A social work intern may engage in the practice of clinical social work in a nonexempt setting that is not a private practice or a professional corporation, while pursuing a course of study leading to a master’s degree in social work pursuant to Section 4996.15.
(2) An applicant for registration as an associate may engage in the practice of clinical social work in a nonexempt setting that is not a private practice or a professional corporation before their registration number is issued if they are in compliance with subdivision (b) of Section 4996.23 and are gaining supervised experience that meets the requirements of this chapter.

SEC. 13.

 Section 4996.15 of the Business and Professions Code is amended to read:

4996.15.
 (a) Nothing in this article shall restrict or prevent psychosocial activities by employees of accredited academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a master’s degree in social work in an accredited college or university. Any psychosocial activities by the employee shall be part of a supervised course of study and the graduate students shall be designated by such titles as social work interns, social work trainees, or other titles clearly indicating the training status appropriate to their level of training. The term “social work intern,” however, shall be reserved for persons enrolled in a master’s or doctoral training program in social work in an accredited school or department of social work.
(b) Notwithstanding subdivision (a), a graduate student shall not perform clinical social work in a private practice. practice or a professional corporation.

SEC. 14.

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

4996.23.
 (a) To qualify for licensure, each applicant shall complete 3,000 hours of post-master’s degree supervised experience related to the practice of clinical social work. Except as provided in subdivision (b), experience shall not be gained until the applicant is registered as an associate clinical social worker.
(b) Preregistered postdegree Postdegree hours of experience gained before the issuance of an associate registration shall be credited toward licensure if all of the following apply:
(1) The registration applicant applies for the associate registration and the board receives the application within 90 days of the granting of the qualifying master’s or doctoral degree.
(2) For applicants completing graduate study on or after January 1, 2020, the experience is obtained at a workplace that, prior to the registration applicant gaining supervised experience hours, requires completed Live Scan fingerprinting. The applicant shall provide the board with a copy of that completed “State of California Request for Live Scan Service” form with the application for licensure.
(3) The board subsequently grants the associate registration.
(c) The applicant shall not be employed or volunteer in a private practice or a professional corporation until the applicant has been issued an associate registration by the board.
(d) The experience shall be as follows:
(1) (A) 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 physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed educational psychologist, or licensed clinical social worker.
(B) A maximum of 1,200 hours gained under the supervision of a licensed educational psychologist providing educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(2) A minimum of 2,000 hours in clinical psychosocial diagnosis, assessment, and treatment, including psychotherapy or counseling; however, at least 750 hours shall be face-to-face individual or group psychotherapy provided in the context of clinical social work services.
(3) A maximum of 1,000 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) 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 received by the board.
(5) No more than 40 hours of experience may be credited in any seven consecutive days.
(6) For hours gained on or after January 1, 2010, no more than six hours of supervision, whether individual, triadic, or group supervision, shall be credited during any single week.
(e) An individual who submits an application for licensure between January 1, 2016, and December 31, 2020, may alternatively qualify under the experience requirements of this section that were in place on January 1, 2015.

SEC. 15.

 Section 4996.23.1 of the Business and Professions Code is amended to read:

4996.23.1.
 (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (3) of subdivision (d) of Section 4996.23, direct supervisor contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact each week for which experience is credited in each work setting.
(2) An associate gaining experience who performs more than 10 hours of direct clinical counseling in a week in any setting shall receive at least one additional hour of direct supervisor contact for that setting.
(b) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(1) Individual supervision, which means one hour of face-to-face contact between one supervisor and one supervisee.
(2) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two supervisees.
(3) Group supervision, which means two hours of face-to-face contact between one supervisor and no more than eight supervisees. Segments of group supervision may be split into no less than one continuous hour. A supervisor shall ensure that the amount and degree of supervision is appropriate for each supervisee.
(c) Direct supervisor contact shall occur within the same week as the hours claimed.
(d) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic supervision, or a combination of both.
(e) Of the 52 weeks of required individual or triadic supervision, no less than 13 weeks shall be supervised by a licensed clinical social worker.
(f) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements of this chapter.

(f)

(g) Notwithstanding subdivision (b), an associate clinical social worker a supervisee working in a governmental entity, school, college, university, or an institution that is nonprofit and charitable an exempt setting described in Section 4996.14 may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring compliance with state and federal laws relating to confidentiality of patient health information.

(g)

(h) Notwithstanding any other law, once the required number of experience hours are gained, an associate clinical social worker or applicant for licensure shall receive a minimum of one hour of direct supervisor contact per week for each practice setting in which direct clinical counseling is performed. Once the required number of experience hours are gained, further supervision for nonclinical practice, as described in paragraph (3) of subdivision (d) of Section 4996.23, shall be at the supervisor’s discretion.

SEC. 16.

 Section 4996.23.2 of the Business and Professions Code is amended to read:

4996.23.2.
 (a) An associate clinical social worker or applicant for licensure shall only perform mental health and related services as an employee or as a volunteer, not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. An associate or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4996.9, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.
(1) If employed, an associate shall provide the board, upon application for licensure, with copies of the corresponding W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a letter from his or her their employer verifying the associate’s status as a volunteer during the dates the experience was gained.

(b)“Private practice,” for purposes of this chapter, is defined as a setting owned by a licensed clinical social worker, a licensed marriage and family therapist, a psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), a licensed professional clinical counselor, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.

(c)

(b) Employment in a private practice or professional corporation shall not commence until the applicant has been registered as an associate clinical social worker.

(d)

(c) 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.

(e)

(d) Only experience gained in the position for which the associate clinical social worker volunteers or is employed shall qualify as supervised experience.

(f)

(e) Any 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. Any 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)

(f) An associate clinical social worker or applicant for licensure who provides voluntary services in any lawful work setting other than a private practice and who only receives reimbursement for expenses actually incurred shall be considered an employee. The board may audit an applicant for licensure who receives received reimbursement for expenses and the applicant shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.

(h)

(g) An associate clinical social worker or applicant for licensure who receives a stipend or educational loan repayment from a program designed to encourage demographically underrepresented groups to enter the profession or to improve recruitment and retention in underserved regions or settings shall be considered an employee. The board may audit an applicant who receives a stipend or educational loan repayment and the applicant shall have the burden of demonstrating that the payments received were for the specified purposes.

(i)

(h) An associate or applicant for licensure shall not receive any remuneration from patients or clients and shall only be paid by his or her their employer, if an employee.

(j)

(i) An associate or applicant for licensure shall have no proprietary interest in his or her their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of his or her their employer.

(k)

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

SEC. 17.

 Section 4996.23.3 of the Business and Professions Code is amended to read:

4996.23.3.
 (a) An associate clinical social worker or an applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted.

(b) An associate who is employed or volunteering in a private practice shall be supervised by an individual who is employed by, and shall practice at the same site as, the associate’s employer. Alternatively, the supervisor may be an owner of the private practice. However, if the site is incorporated, the supervisor must be employed full-time at the site and be actively engaged in performing professional services at the site.

(c)A supervisor at a private practice or a corporation shall not supervise more than a total of three supervisees at any one time. A supervisee may be registered as an associate marriage and family therapist, an associate professional clinical counselor, or an associate clinical social worker.

(d)In a setting that is not a private practice:

(1)A written oversight agreement, as specified by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer.

(2)A supervisor shall evaluate the site or sites where an associate clinical social worker will be gaining experience to determine that the site or sites are in compliance with the requirements set forth in this chapter and regulations.

(e)Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter and by regulation.

(b) An associate who is employed by or volunteering in a private practice or a professional corporation shall be supervised by an individual who:
(1) Is employed or contracted by the associate employer or is an owner of the private practice or professional corporation.
(2) Provides psychotherapeutic services to clients at the same site as the associate.
(c) Supervisors in a nonexempt setting shall not serve as an individual or triadic supervisor for more than six supervisees at any time. Supervisees may be registered as associate marriage and family therapists, associate professional clinical counselors, associate clinical social workers, or any combination of those registrations.
(d) A written oversight agreement, as specified by the board by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be gaining experience to determine that the site or sites comply with the requirements of this chapter.

SEC. 18.

 Section 4999.22 of the Business and Professions Code is amended to read:

4999.22.
 (a) Nothing in this chapter shall prevent qualified persons from doing work of a psychosocial nature consistent with the standards and ethics of their respective professions. However, these qualified persons shall not hold themselves out to the public by any title or description of services incorporating the words “licensed professional clinical counselor” and shall not state that they are licensed to practice professional clinical counseling, unless they are otherwise licensed to provide professional clinical counseling services.
(b) Nothing in this chapter shall be construed to constrict, limit, or withdraw provisions of the Medical Practice Act, the Clinical Social Worker Practice Act, the Nursing Practice Act, the Psychology Licensing Law, or the Licensed Marriage and Family Therapist Act.
(c) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination who performs counseling services as part of their pastoral or professional duties, or to any person who is admitted to practice law in this state, or who is licensed to practice medicine, who provides counseling services as part of their professional practice.
(d) This chapter shall not apply to an unlicensed or unregistered employee or volunteer working in a governmental entity or a school, a college, a university, or an institution that is both nonprofit and charitable, if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision under the oversight and direction of the entity.
(2) On and after July 1, 2020, the employee or volunteer provides a client, prior to initiating psychotherapy services, a notice written in at least 12-point type that is in substantially the following form:

NOTICE TO CLIENTS
The (Name of office or unit) of the (Name of agency) receives and responds to complaints regarding the practice of psychotherapy by any unlicensed or unregistered counselor providing services at (Name of agency). To file a complaint, contact (Telephone number, email address, internet website, or mailing address of agency).

(e) All Notwithstanding subdivisions (c) and (d), all persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board.

SEC. 19.

 Section 4999.24 of the Business and Professions Code is amended and renumbered to read:

4999.24.4999.27.
 (a) Nothing in this chapter shall restrict or prevent activities of a psychotherapeutic or counseling nature on the part of persons employed by accredited or state-approved academic institutions, public schools, government agencies, or nonprofit institutions engaged in the training of graduate students or clinical counselor trainees pursuing a course of study leading to who train graduate students pursuing a degree that qualifies for professional clinical counselor licensure at an accredited or state-approved college or university, or working in a recognized training program, provided that these activities and services constitute a part of a supervised course of study and that those persons are designated by a title such as “clinical counselor trainee” or other title clearly indicating the training status appropriate to the level of training.
(b) Notwithstanding subdivision (a), a graduate student shall not perform professional clinical counseling in a private practice or a professional corporation.

SEC. 20.

 Section 4999.25 is added to the Business and Professions Code, to read:

4999.25.
 The settings described in Section 4999.22 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 4980.01, and with the following exceptions:
(a) Any individual working or volunteering in an exempt setting who is licensed or registered under this chapter shall fall under the jurisdiction of the board and is not exempt from this chapter.
(b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered an exempt setting unless it directly meets the criteria described in Section 4980.01.

SEC. 21.

 Section 4999.26 is added to the Business and Professions Code, to read:

4999.26.
 (a) For the purposes of this chapter, the following definitions apply:
(1) “Nonexempt setting” means a setting that does not qualify as an exempt setting, as specified in section 4999.22.
(2) “Private practice” means a setting that meets the following criteria:
(A) The practice is owned by a health professional who is licensed under this division, either independently or jointly with one or more other health professionals who are licensed under this division.
(B) The practice provides clinical mental health services, including psychotherapy, to clients.
(C) One or more licensed health professionals are responsible for the practice and for the services provided and set conditions of client payment or reimbursement for the provision of services.
(3) “Professional corporation” means a nonexempt setting and private practice that has been formed pursuant to Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code (commencing with section 13400).
(b) An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered a private practice setting.
(c) An active license or registration number shall be required to engage in the practice of professional clinical counseling in nonexempt settings at all times, except as follows:
(1) A trainee may engage in the practice of professional clinical counseling in a nonexempt setting that is not a private practice or a professional corporation while they are gaining supervised experience that meets the requirements of this chapter under the jurisdiction and supervision of their school as specified in Section 4999.36.
(2) An applicant for registration as an associate may engage in the practice of professional clinical counseling in a nonexempt setting that is not a private practice or a professional corporation before the registration number is issued if they are in compliance with subdivision (b) of Section 4999.46 and are gaining supervised experience that meets the requirements of this chapter.

SEC. 22.

 Section 4999.46 of the Business and Professions Code is amended to read:

4999.46.
 (a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of supervised experience.
(b) (1) Preregistered postdegree Postdegree hours of experience gained before the issuance of an associate registration shall be credited toward licensure if all of the following apply:
(A) The registration applicant applies for the associate registration and the board receives the application within 90 days of the granting of the qualifying master’s degree or doctoral degree.
(B) For applicants completing graduate study on or after January 1, 2020, the experience is obtained at a workplace that, prior to the registration applicant gaining supervised experience hours, requires completed Live Scan fingerprinting. The applicant shall provide the board with a copy of that completed State of California “Request for Live Scan Service” form with their application for licensure.
(C) The board subsequently grants the associate registration.
(2) The applicant shall not be employed or volunteer in a private practice or a professional corporation until they have been issued an associate registration by the board.
(c) Supervised experience that is obtained for the purposes of qualifying for licensure shall be related to the practice of professional clinical counseling and comply with the following:
(1) A minimum of 3,000 postdegree hours 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 clinical counseling with individuals, groups, couples, or families using a variety of psychotherapeutic techniques and recognized counseling interventions.
(4) Not less than 150 hours of clinical experience in a hospital or community mental health setting, as defined in Section 4999.12.
(5) A maximum of 1,250 hours of nonclinical practice, consisting of 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.
(6) A maximum of 1,200 hours gained under the supervision of a licensed educational psychologist providing educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(d) An individual who submits an application for licensure between January 1, 2016, and December 31, 2020, may alternatively qualify under the experience requirements of this section that were in place on January 1, 2015.
(e) Experience hours shall not have been gained more than six years prior to the date the application for licensure was received by the board.

SEC. 23.

 Section 4999.46.2 of the Business and Professions Code is amended to read:

4999.46.2.
 (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (5) of subdivision (c) of Section 4999.46, direct supervisor contact shall occur as follows:
(1) Supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting.
(2) A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of direct clinical counseling performed each week in each setting. For experience gained after January 1, 2009, no more than six hours of supervision, whether individual, triadic, or group, shall be credited during any single week.
(3) An associate gaining experience who performs more than 10 hours of direct clinical counseling in a week in any setting shall receive at least one additional hour of direct supervisor contact for that setting. For experience gained after January 1, 2009, no more than six hours of supervision, whether individual supervision, triadic supervision, or group supervision, shall be credited during any single week.
(4) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic supervision, or a combination of both.
(b) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(1) Individual supervision, which means one hour of face-to-face contact between one supervisor and one supervisee.
(2) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two supervisees.
(3) Group supervision, which means two hours of face-to-face contact between one supervisor and no more than eight supervisees. Segments of group supervision may be split into no less than one continuous hour. The supervisor shall ensure that the amount and degree of supervision is appropriate for each supervisee.
(c) Direct supervisor contact shall occur within the same week as the hours claimed.
(d) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter.

(d)

(e) Notwithstanding subdivision (b), an associate working in a governmental entity, school, college, university, or institution that is both nonprofit and charitable an exempt setting described in Section 4999.22 may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring compliance with federal and state laws relating to confidentiality of patient health information.

(e)

(f) Notwithstanding any other law, once the required number of experience hours are gained, associates and applicants for licensure shall receive a minimum of one hour of direct supervisor contact per week for each practice setting in which direct clinical counseling is performed. Once the required number of experience hours are gained, further supervision for nonclinical practice, as defined in paragraph (5) of subdivision (c) of Section 4999.46, shall be at the supervisor’s discretion.

SEC. 24.

 Section 4999.46.3 of the Business and Professions Code is amended to read:

4999.46.3.
 (a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. A clinical counselor trainee, associate, or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4999.20, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.
(1) If employed, an associate shall provide the board, upon application for licensure, with copies of the corresponding W-2 tax forms for each year of experience claimed.
(2) If volunteering, an associate shall provide the board, upon application for licensure, with a letter from his or her their employer verifying the associate’s status as a volunteer during the dates the experience was gained.
(b) A clinical counselor trainee shall not perform services in a private practice. practice or professional corporation.
(c) A trainee shall complete the required predegree supervised practicum or field study experience in a setting that meets all of the following requirements:
(1) Is not a private practice. practice or a professional corporation.
(2) Lawfully and regularly provides mental health counseling or psychotherapy.
(3) Provides oversight to ensure that the clinical counselor trainee’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice of the profession, as defined in Section 4999.20.
(4) Only experience gained in the position for which the clinical counselor trainee volunteers or is employed shall qualify as supervised practicum or field study experience.
(d) (1) An associate 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 associate’s work at the setting meets the experience and supervision requirements in this chapter and is within the scope of practice for the profession, as defined in Section 4999.20.
(2) Only experience gained in the position for which the associate volunteers or is employed shall qualify as supervised experience.
(3) An applicant for registration as an associate shall not be employed or volunteer in a private practice until he or she has or professional corporation until they have been issued an associate registration by the board.
(e) Any experience obtained under the supervision of a spouse, relative, or domestic partner shall not be credited toward the required hours of supervised experience. Any 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.
(f) A clinical counselor trainee, associate, or applicant for licensure shall not receive any remuneration from patients or clients and shall only be paid by his or her their employer, if an employee.
(g) A clinical counselor trainee, associate, or applicant for licensure shall have no proprietary interest in his or her their employer’s business and shall not lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of his or her their employer.
(h) A clinical counselor trainee, associate, or applicant for licensure who provides voluntary services in any lawful work setting other than a private practice and who only receives received reimbursement for expenses actually incurred shall be considered an employee. The board may audit an applicant for licensure who receives reimbursement for expenses and the applicant for licensure shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.
(i) A clinical counselor trainee, associate, or applicant for licensure who receives a stipend or educational loan repayment from a program designed to encourage demographically underrepresented groups to enter the profession or to improve recruitment and retention in underserved regions or settings shall be considered an employee. The board may audit an applicant who receives a stipend or educational loan repayment and the applicant shall have the burden of demonstrating that the payments were for the specified purposes.
(j) Each educational institution preparing applicants pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her their associates and trainees regarding the advisability of undertaking individual, marital, conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, educational institutions and supervisors are encouraged to assist the applicant to locate that counseling or psychotherapy at a reasonable cost.

SEC. 25.

 Section 4999.46.4 of the Business and Professions Code is amended to read:

4999.46.4.
 (a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted.

(b)An associate who is employed or volunteering in a private practice shall be supervised by an individual who is employed by, and shall practice at the same site as, the associate’s employer. Alternatively, the supervisor may be an owner of the private practice. However, if the site is incorporated, the supervisor must be employed full-time at the site and be actively engaged in performing professional services at the site.

(c)A supervisor at a private practice or a corporation shall not supervise more than a total of three supervisees at any one time. A supervisee may be registered as an associate marriage and family therapist, an associate professional clinical counselor, or an associate clinical social worker.

(d)In a setting that is not a private practice:

(1)A written oversight agreement, as specified in regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer.

(2)A supervisor shall evaluate the site or sites where an associate will be gaining experience to determine that the site or sites provide experience that is in compliance with the requirements set forth in this chapter.

(e)Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter and regulation.

(b) An associate who is employed by or volunteering in a private practice or a professional corporation shall be supervised by an individual who:
(1) Is employed by or contracted by the associate’s employer, or is an owner of the private practice or professional corporation.
(2) Provides psychotherapeutic services to clients at the same site as the associate.
(c) A supervisor in a nonexempt setting shall not serve as an individual or triadic supervisor for more than six supervisees at any time. A supervisee may be registered as an associate marriage and family therapist, associate professional clinical counselor, associate clinical social worker, or any combination of these registrations.
(d) A written oversight agreement, as specified by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer. The supervisor shall evaluate the site or sites where the supervisee will be gaining experience to determine that the site or sites comply with the requirements of this chapter.

SEC. 26.

 Section 4999.72 of the Business and Professions Code is amended to read:

4999.72.
 Any licensed professional clinical counselor who conducts a private practice under owns a business using 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, of the name and license designation of the owner or owners of the practice.

SEC. 27.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.