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AB-630 Board of Behavioral Sciences: marriage and family therapists: clinical social workers: educational psychologists: professional clinical counselors: required notice: exemptions.(2019-2020)

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Date Published: 06/06/2019 09:00 PM
AB630:v97#DOCUMENT

Amended  IN  Senate  June 06, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 630


Introduced by Assembly Members Arambula and Low

February 15, 2019


An act to amend Sections 4980.01, 4996.14, 4996.15, and 4999.22 of, and to add Sections 4980.32, 4989.17, 4996.75, and 4999.71 to, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 630, as amended, Arambula. Board of Behavioral Sciences: marriage and family therapists: clinical social workers: educational psychologists: professional clinical counselors: required notice. notice: exemptions.
Existing law provides for the licensure and regulation of marriage and family therapists, educational psychologists, clinical social workers, and professional clinical counselors by the Board of Behavioral Sciences, which is within the Department of Consumer Affairs. A violation of these provisions is a crime.
This bill, commencing July 1, 2020, would require those licensees and registrants, prior to initiating specified services, to provide a client with a specified written notice that the board receives and responds to complaints regarding services within the scope of the licensed practice and that the client may contact the board.
Under existing law, an employee or volunteer of a governmental entity, educational facility, or nonprofit charitable institution is exempt from the provisions otherwise pertaining to marriage and family therapists and clinical social workers of the Licensed Marriage and Family Therapist Act and the Clinical Social Worker Practice Act if the work is performed solely under the employer’s supervision. Under the Licensed Professional Clinical Counselor Act, an employee of a governmental entity, educational facility, or nonprofit charitable institution is exempt from the provisions of the act if the work is performed solely under the employer’s supervision.
This bill, instead, would exempt from the provisions of the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act 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 the work of the employee or volunteer is performed solely under the employer’s supervision. The bill, commencing July 1, 2020, would, for an employee or volunteer who is not licensed or registered with the board, would additionally condition these exemptions upon the employee or volunteer providing, prior to initiating psychotherapy services, a specified written notice to a client that provides the name and contact information of the agency that the client may contact to file a complaint regarding that practice of psychotherapy. The bill would also expand the exemptions under the Licensed Professional Clinical Counselor Act to a volunteer of a governmental entity, educational facility, or nonprofit charitable institution.
The Clinical Social Worker Practice Act exempts from its provisions a person using hypnotic techniques by referral from a person licensed to practice medicine, dentistry, or psychology if their practice is performed solely under the supervision of the employer.
This bill would remove from that exemption the condition that the practice of the person using hypnotic techniques is performed solely under the supervision of the employer.

Existing law, the Clinical Social Worker Practice Act, exempts specified activities and services by graduate students and social work interns pursuing a master’s degree in social work, as specified, or working in a recognized training program from the provisions otherwise pertaining to clinical social workers.

The Clinical Social Worker Practice Act provides that its provisions pertaining to the licensure of clinical social workers are prohibited from restricting or preventing activities of a psychosocial nature on the part of persons employed by accredited academic institutions, public schools, government agencies, or nonprofit institutions engaged in the training of graduate students or social work interns pursuing the course of study leading to a master’s degree in social work in an accredited 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 such titles as social work interns, social work trainees, or other titles clearly indicating the training status appropriate to their level of training.
This bill would remove the exemption for graduate students and social work interns working in a recognized training program and revise the provision described above to specify that the provisions pertaining to the licensure of clinical social workers employees are prohibited from restricting or preventing 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. The bill also would revise the provision described above to specify that psychosocial activities by the employee are required to be part of a supervised course of study and that the graduate students are required to be designated by those titles. The bill would prohibit a student from performing clinical social work in a private practice.
Because this bill would specify additional requirements under provisions pertaining to marriage and family therapists, educational psychologists, clinical social workers, and professional clinical counselors, the violation of which would be a crime, it 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 Act. 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 who is licensed to practice medicine, when providing 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: if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision of the entity.
(2) On and after July 1, 2020, the employee or volunteer, if not licensed or registered with the board, 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 4980.32 is added to the Business and Professions Code, to read:

4980.32.
 On and after July 1, 2020, a licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of marriage and family therapists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

SEC. 3.

 Section 4989.17 is added to the Business and Professions Code, to read:

4989.17.
 On and after July 1, 2020, a licensee shall provide a client with a notice written in at least 12-point type prior to initiating psychological services that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of licensed educational psychologists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

SEC. 4.

 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: if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision of the entity.
(2) On and after July 1, 2020, the employee or volunteer, if not licensed or registered with the board, 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).


(b)

(c) This chapter shall not apply to a person using hypnotic techniques by referral from any of the following persons if their practice is performed solely under the supervision of the employer: if their client was referred by a physician and surgeon, dentist, or psychologist.

(1)A person licensed to practice medicine.

(2)A person licensed to practice dentistry.

(3)A person licensed to practice psychology.

(c)

(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. 5.

 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 of a psychosocial nature on the part of persons employed by employees of accredited academic institutions, public schools, government agencies, or nonprofit institutions engaged in the training of who train graduate students or social work interns pursuing the course of study leading to pursuing a master’s degree in social work in an accredited college or university, provided that these activities and services constitute a university. Any psychosocial activities by the employee shall be part of a supervised course of study and that those persons are 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.

SEC. 6.

 Section 4996.75 is added to the Business and Professions Code, to read:

4996.75.
 On and after July 1, 2020, a licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of clinical social workers. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

SEC. 7.

 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, or a university, or an institution that is both nonprofit and charitable, if: if both of the following apply:
(1) The work of the employee or volunteer is performed solely under the supervision of the entity.
(2) On and after July 1, 2020, the employee or volunteer, if not licensed or registered with the board, 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 persons registered as associates or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board.

SEC. 8.

 Section 4999.71 is added to the Business and Professions Code, to read:

4999.71.
 Effective July 1, 2020, a licensee or registrant shall provide a client with a notice written in at least 12-point font type prior to initiating psychotherapy services that reads as follows:

NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of professional clinical counselors. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

SEC. 9.

 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.