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AB-1758 Board of Behavioral Sciences: marriage and family therapists: clinical social workers: professional clinical counselors: supervision of applicants for licensure via videoconferencing.(2021-2022)

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Date Published: 08/29/2022 09:00 PM
AB1758:v96#DOCUMENT

Assembly Bill No. 1758
CHAPTER 204

An act to amend, repeal, and add Sections 4980.43.2, 4996.23.1, and 4999.46.2 of the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  August 29, 2022. Filed with Secretary of State  August 29, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1758, Aguiar-Curry. Board of Behavioral Sciences: marriage and family therapists: clinical social workers: professional clinical counselors: supervision of applicants for licensure via videoconferencing.
(1) Existing law establishes the Board of Behavioral Sciences within the Department of Consumer Affairs, and requires the board to regulate various registrants and licensees under the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. A violation of any of those acts is a misdemeanor.
Under those acts, applicants for licensure are required to comply with specified educational and experience requirements, including, but not limited to, hours of supervised experience and direct supervisor contact. Existing law defines “one hour of direct supervisor contact” for purposes of those acts to mean one hour of face-to-face contact between the supervisor and the supervisee or supervisees, as specified. Existing law authorizes a supervisee working in certain exempt settings to obtain the required weekly direct supervisor contact via 2-way, real-time videoconferencing.
This bill, instead, would define “face-to-face contact” for purposes of the definition of “one hour of direct supervisor contact” to mean in-person contact, contact via 2-way, real-time videoconferencing, or some combination of these. The bill would make the supervisor responsible for ensuring compliance with federal and state laws relating to confidentiality of patient health information. The bill would require a supervisor within 60 days of the commencement of supervision to conduct a meeting with the supervisee during which the supervisor is required to assess the appropriateness of allowing the supervisee to receive supervision via 2-way, real-time videoconferencing, as specified, and to document the results of that assessment. The bill would prohibit the supervisor from utilizing supervision via 2-way, real-time videoconferencing if their assessment finds it is inappropriate. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. The bill would repeal its provisions on January 1, 2026.
(2) 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.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 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 (10) of subdivision (c) 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) (1) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(A) Individual supervision, which means one hour of face-to-face contact between one supervisor and one supervisee.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two supervisees.
(C) 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.
(2) For purposes of this subdivision, “face-to-face contact” means in-person contact, contact via two-way, real-time videoconferencing, or some combination of these.
(c) The supervisor shall be responsible for ensuring compliance with federal and state laws relating to confidentiality of patient health information.
(d) (1) Within 60 days of the commencement of supervision, a supervisor shall conduct a meeting with the supervisee during which the supervisor shall assess the appropriateness of allowing the supervisee to receive supervision via two-way, real-time videoconferencing. This assessment of appropriateness shall include, but is not limited to, the abilities of the supervisee, the preferences of both the supervisee and supervisor, and the privacy of the locations of the supervisee and supervisor while supervision is conducted.
(2) The supervisor shall document the results of the assessment made pursuant to paragraph (1), and shall not utilize supervision via two-way, real-time videoconferencing if their assessment finds it is not appropriate.
(e) Direct supervisor contact shall occur within the same week as the hours claimed.
(f) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements of this chapter.
(g) 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 (10) of subdivision (c) of Section 4980.43, shall be at the supervisor’s discretion.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.

 Section 4980.43.2 is added to the Business and Professions Code, to read:

4980.43.2.
 (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (10) of subdivision (c) 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.
(e) Notwithstanding subdivision (b), a supervisee working in 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.
(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 (10) of subdivision (c) of Section 4980.43, shall be at the supervisor’s discretion.
(g) This section shall become operative on January 1, 2026.

SEC. 3.

 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) (1) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(A) Individual supervision, which means one hour of face-to-face contact between one supervisor and one supervisee.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two supervisees.
(C) 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.
(2) For purposes of this subdivision, “face-to-face contact” means in-person contact, contact via two-way, real-time videoconferencing, or some combination of these.
(c) The supervisor shall be responsible for ensuring compliance with federal and state laws relating to confidentiality of patient health information.
(d) (1) Within 60 days of the commencement of supervision, a supervisor shall conduct a meeting with the supervisee during which the supervisor shall assess the appropriateness of allowing the supervisee to receive supervision via two-way, real-time videoconferencing. This assessment of appropriateness shall include, but is not limited to, the abilities of the supervisee, the preferences of both the supervisee and supervisor, and the privacy of the locations of the supervisee and supervisor while supervision is conducted.
(2) The supervisor shall document the results of the assessment made pursuant to paragraph (1), and shall not utilize supervision via two-way, real-time videoconferencing if their assessment finds it is not appropriate.
(e) Direct supervisor contact shall occur within the same week as the hours claimed.
(f) Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, triadic supervision, or a combination of both.
(g) Of the 52 weeks of required individual or triadic supervision, no less than 13 weeks shall be supervised by a licensed clinical social worker.
(h) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements of this chapter.
(i) 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.
(j) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 4.

 Section 4996.23.1 is added to the Business and Professions Code, 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.
(g) Notwithstanding subdivision (b), a supervisee working in 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.
(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.
(i) This section shall become operative on January 1, 2026.

SEC. 5.

 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 (4) 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) (1) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:
(A) Individual supervision, which means one hour of face-to-face contact between one supervisor and one supervisee.
(B) Triadic supervision, which means one hour of face-to-face contact between one supervisor and two supervisees.
(C) 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.
(2) For purposes of this subdivision, “face-to-face contact” means in-person contact, contact via two-way, real-time videoconferencing, or some combination of these.
(c) The supervisor shall be responsible for ensuring compliance with federal and state laws relating to confidentiality of patient health information.
(d) (1) Within 60 days of the commencement of supervision, a supervisor shall conduct a meeting with the supervisee during which the supervisor shall assess the appropriateness of allowing the supervisee to receive supervision via two-way, real-time videoconferencing. This assessment of appropriateness shall include, but is not limited to, the abilities of the supervisee, the preferences of both the supervisee and supervisor, and the privacy of the locations of the supervisee and supervisor while supervision is conducted.
(2) The supervisor shall document the results of the assessment made pursuant to paragraph (1), and shall not utilize supervision via two-way, real-time videoconferencing if their assessment finds it is not appropriate.
(e) Direct supervisor contact shall occur within the same week as the hours claimed.
(f) Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter.
(g) 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 (4) of subdivision (c) of Section 4999.46, shall be at the supervisor’s discretion.
(h)  This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 6.

 Section 4999.46.2 is added to the Business and Professions Code, to read:

4999.46.2.
 (a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (4) 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.
(e) Notwithstanding subdivision (b), a supervisee working in 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.
(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 (4) of subdivision (c) of Section 4999.46, shall be at the supervisor’s discretion.
(g) This section shall become operative on January 1, 2026.

SEC. 7.

 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.

SEC. 8.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To facilitate the continued provision of care to individuals affected by the coronavirus disease 2019 (COVID-19) outbreak and to enable applicants for licensure as marriage and family therapists, clinical social workers, and professional clinical counselors and their supervisors with disabilities or health concerns or who live in rural areas to continue their training and education during the crisis of the COVID-19 state of emergency, it is necessary for this act to take effect immediately.