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AB-1651 Licensed educational psychologists: supervision of associates and trainees. (2019-2020)



Current Version: 09/03/19 - Enrolled         Compare Versions information image


AB1651:v95#DOCUMENT

Enrolled  September 03, 2019
Passed  IN  Senate  August 26, 2019
Passed  IN  Assembly  August 30, 2019
Amended  IN  Senate  August 19, 2019
Amended  IN  Senate  May 30, 2019
Amended  IN  Assembly  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1651


Introduced by Assembly Member Medina

February 22, 2019


An act to amend Sections 4980.03, 4980.43, 4980.44, 4980.48, 4989.14, 4989.54, 4996.20, 4996.23, 4999.12, and 4999.46 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1651, Medina. Licensed educational psychologists: supervision of associates and trainees.
(1) Existing law, the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act, provides for the licensure and regulation of the practices of marriage and family therapy, clinical social work, and professional clinical counseling, respectively, by the Board of Behavioral Sciences. A violation of any of those acts is a misdemeanor. Under those acts, certain unlicensed persons, including an applicant for licensure, an associate, an intern, or a trainee, are authorized to perform specified services under the supervision of a healing arts practitioner who is included in the definition of “supervisor.”
This bill would expand the definition of “supervisor” under each of those acts to include a licensed educational psychologist supervising the provision of educationally related mental health services. For purposes of these provisions and the provisions in paragraph (2), the bill would define “educationally related mental health services.”
(2) The Licensed Marriage and Family Therapist Act and the Licensed Professional Clinical Counselor Act require applicants for licensure under those acts to comply with specified educational and experience requirements, including, but not limited to, hours of supervised experience, and sets forth terms, conditions, and limitations for those hours of experience. Existing law authorizes preregistered postdegree hours of experience to be credited towards licensure under either of those acts if certain terms, conditions, and limitations on those hours of experience are met, including a specified amount of supervised experience.
This bill would limit the number of preregistered postdegree hours that an applicant may credit towards licensure under those provisions for experience gained under the supervision of a licensed educational psychologist providing educationally related mental health services to a maximum of 1,200 hours.
(3) Existing law, the Educational Psychologist Practice Act, provides for the licensure and regulation of the practice of educational psychology by the board, and authorizes the board to deny a license or suspend or revoke the license of a licensee if they are guilty of unprofessional conduct, which is defined to include various acts.
This bill would expand the definition of unprofessional conduct to include a violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person by a licensed educational psychologist, including the supervision of an unlicensed person under the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, or the Licensed Professional Clinical Counselor Act. By expanding the list of acts that constitute unprofessional conduct, a violation of which is a misdemeanor, the bill would expand the scope of a crime, thereby imposing a state-mandated local program.
(4) This bill would incorporate additional changes to Section 4980.03 of the Business and Professions Code proposed by SB 679 to be operative only if this bill and SB 679 are enacted and this bill is enacted last.
(5) 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 4980.03 of the Business and Professions Code is amended to read:

4980.03.
 (a) “Board,” as used in this chapter, means the Board of Behavioral Sciences.
(b) “Associate,” as used in this chapter, means an unlicensed person who has earned a master’s or doctoral degree qualifying the person for licensure and is registered with the board as an associate.
(c) “Trainee,” as used in this chapter, means an unlicensed person who is currently enrolled in a master’s or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.
(d) “Applicant for licensure,” as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.
(e) “Advertise,” as used in this chapter, includes, but is not limited to, any public communication, as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
(f) “Experience,” as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.
(g) “Supervisor,” as used in this chapter, means an individual who meets all of the following requirements:
(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:
(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2) If the supervisor is a licensed professional clinical counselor, the person has completed the additional training and education requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (3) of subdivision (a) of Section 4999.20.
(3) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to subdivision (e) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(4) Has received training in supervision as specified in this chapter and by regulation.
(5) Has not provided therapeutic services to the supervisee.
(6) Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(7) Is not a spouse, domestic partner, or relative of the supervisee.
(8) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(h) “Client centered advocacy,” as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.

SEC. 1.5.

 Section 4980.03 of the Business and Professions Code is amended to read:

4980.03.
 (a) “Board,” as used in this chapter, means the Board of Behavioral Sciences.
(b) “Associate,” as used in this chapter, means an unlicensed person who has earned a master’s or doctoral degree qualifying the person for licensure and is registered with the board as an associate.
(c) “Trainee,” as used in this chapter, means an unlicensed person who is currently enrolled in a master’s or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.
(d) “Applicant for licensure,” as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.
(e) “Advertise,” as used in this chapter, includes, but is not limited to, any public communication, as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
(f) “Experience,” as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.
(g) “Supervisor,” as used in this chapter, means an individual who meets all of the following requirements:
(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:
(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2) If the supervisor is a licensed professional clinical counselor, the person has completed the additional training and education requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (3) of subdivision (a) of Section 4999.20.
(3) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to subdivision (e) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(4) Has received training in supervision as specified in this chapter and by regulation.
(5) Has not provided therapeutic services to the supervisee.
(6) Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(7) Is not a spouse, domestic partner, or relative of the supervisee.
(8) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(h) “Client centered advocacy,” as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.
(i) “Accredited,” as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.
(j) “Approved,” as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicant’s graduation from the school, college, or university.

SEC. 2.

 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 hours of experience 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 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. 3.

 Section 4980.44 of the Business and Professions Code is amended to read:

4980.44.
 An associate marriage and family therapist employed under this chapter shall comply with the following requirements:
(a) Inform each client or patient prior to performing any mental health and related services that the person is an unlicensed registered associate marriage and family therapist, provide the person’s registration number and the name of the person’s employer, and indicate whether the person is under the supervision of a licensed marriage and family therapist, licensed clinical social worker, licensed professional clinical counselor, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed educational psychologist, or a licensed physician and surgeon certified in psychiatry by the American Board of Psychiatry and Neurology.
(b) (1) Any advertisement by or on behalf of a registered associate marriage and family therapist shall include, at a minimum, all of the following information:
(A) That the person is a registered associate marriage and family therapist.
(B) The associate’s registration number.
(C) The name of the person’s employer.
(D) That the person is supervised by a licensed person.
(2) The abbreviation “AMFT” shall not be used in an advertisement unless the title “registered associate marriage and family therapist” appears in the advertisement.

SEC. 4.

 Section 4980.48 of the Business and Professions Code is amended to read:

4980.48.
 (a) A trainee shall, prior to performing any professional services, inform each client or patient that the trainee is an unlicensed marriage and family therapist trainee, provide the name of the trainee’s employer, and indicate whether the trainee is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, a licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology, or a licensed educational psychologist.
(b) Any person that advertises services performed by a trainee shall include the trainee’s name, the supervisor’s license designation or abbreviation, and the supervisor’s license number.
(c) Any advertisement by or on behalf of a marriage and family therapist trainee shall include, at a minimum, all of the following information:
(1) That the trainee is a marriage and family therapist trainee.
(2) The name of the trainee’s employer.
(3) That the trainee is supervised by a licensed person.

SEC. 5.

 Section 4989.14 of the Business and Professions Code is amended to read:

4989.14.
 (a) The practice of educational psychology is the performance of any of the following professional functions pertaining to academic learning processes or the educational system or both:
(1) Educational evaluation.
(2) Diagnosis of psychological disorders related to academic learning processes.
(3) Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
(4) Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
(5) Providing psychological counseling for individuals, groups, and families.
(6) Consultation with other educators and parents on issues of social development and behavioral and academic difficulties.
(7) Conducting psychoeducational assessments for the purposes of identifying special needs.
(8) Developing treatment programs and strategies to address problems of adjustment.
(9) Coordinating intervention strategies for management of individual crises.
(b) For purposes of supervising an associate marriage and family therapist pursuant to Section 4980.03, an associate clinical social worker pursuant to Section 4996.20, or an associate professional clinical counselor pursuant to Section 4999.12, “educationally related mental health services” are mental health services provided to clients who have social, emotional, or behavioral issues that interfere with their educational progress. These services include all of the following:
(1) Educationally related counseling services to clients qualified for special education that are necessary to receive a free appropriate public education in the least restrictive environment pursuant to the federal requirements of Section 1412 of Title 20 of the United States Code.
(2) Intensive counseling services on a continuum which may reflect an increase in frequency, duration, or staff specialization to address the client’s emotional and behavioral needs.
(3) Counseling services provided by qualified practitioners.
(4) Parent counseling and training.
(5) Psychological services that include consulting with staff members in planning school programs to meet the client’s educational needs and assisting in developing positive behavioral intervention strategies for the client.
(6) Social work services such as preparing a social or developmental history on a client with a disability.
(7) Group and individualized counseling with the client and family.
(8) Mobilizing school and community resources to enable the client to learn as effectively as possible in their educational program, as outlined in Section 300.34 of Title 34 of the Code of Federal Regulations.

SEC. 6.

 Section 4989.54 of the Business and Professions Code is amended to read:

4989.54.
 The board may deny a license or may suspend or revoke the license of a licensee if the person has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following:
(a) Conviction of a crime substantially related to the qualifications, functions, and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of the fact that the conviction occurred.
(2) The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee under this chapter.
(3) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, or duties of a licensee under this chapter shall be deemed to be a conviction within the meaning of this section.
(4) The board may order a license suspended or revoked, or may decline to issue a license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and enter a plea of not guilty or setting aside the verdict of guilty or dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on an application for licensure submitted to the board, whether engaged in by an applicant for a license or by a licensee in support of an application for licensure.
(c) Administering to themselves a controlled substance or using any of the dangerous drugs specified in Section 4022 or an alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to themselves or to any other person or to the public or to the extent that the use impairs their ability to safely perform the functions authorized by the license. The board shall deny an application for a license or revoke the license of any person, other than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the course of performing educational psychology.
(d) Failure to comply with the consent provisions in Section 2290.5.
(e) Advertising in a manner that is false, fraudulent, misleading, or deceptive, as defined in Section 651.
(f) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any regulation adopted by the board.
(g) Commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory or possession of the United States or by any other governmental agency, on a license, certificate, or registration to practice educational psychology or any other healing art. A certified copy of the disciplinary action, decision, or judgment shall be conclusive evidence of that action.
(i) Revocation, suspension, or restriction by the board of a license, certificate, or registration to practice as an educational psychologist, a clinical social worker, professional clinical counselor, or marriage and family therapist.
(j) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered.
(k) Gross negligence or incompetence in the practice of educational psychology.
(l) Misrepresentation as to the type or status of a license held by the licensee or otherwise misrepresenting or permitting misrepresentation of the licensee’s education, professional qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm to any client.
(n) Engaging in sexual relations with a client or a former client within two years following termination of professional services, soliciting sexual relations with a client, or committing an act of sexual abuse or sexual misconduct with a client or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a licensed educational psychologist.
(o) Before the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services or the basis upon which that fee will be computed.
(p) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means.
(r) Performing, holding oneself out as being able to perform, offering to perform, or permitting any unlicensed person under supervision to perform, any professional services beyond the scope of the license authorized by this chapter or beyond the person’s field or fields of competence as established by the person’s education, training, or experience. For purposes of this subdivision, “unlicensed person” includes, but is not limited to, an applicant for licensure, an associate, an intern, or a trainee under the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)).
(s) Reproducing or describing in public, or in any publication subject to general public distribution, any psychological test or other assessment device the value of which depends in whole or in part on the naivete of the subject in ways that might invalidate the test or device. An educational psychologist shall limit access to the test or device to persons with professional interests who can be expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either orally or in writing, the employer’s or agency’s clientele to utilize the person’s private practice for further counseling without the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse reporting requirements of Section 15630 of the Welfare and Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code.
(y) (1) Engaging in an act described in Section 261, 286, 287, or 289 of, or former Section 288a of, the Penal Code with a minor or an act described in Section 288 or 288.5 of the Penal Code regardless of whether the act occurred prior to or after the time the registration or license was issued by the board. An act described in this subdivision occurring prior to the effective date of this subdivision shall constitute unprofessional conduct and shall subject the licensee to refusal, suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of the public, and in particular minors, from sexual misconduct by a licensee is a compelling governmental interest, and that the ability to suspend or revoke a license for sexual conduct with a minor occurring prior to the effective date of this section is equally important to protecting the public as is the ability to refuse a license for sexual conduct with a minor occurring prior to the effective date of this section.
(z) Engaging in any conduct that subverts or attempts to subvert any licensing examination or the administration of the examination as described in Section 123.
(aa) Impersonation of another by any licensee or applicant for a license, or, in the case of a licensee, allowing any other person to use the person’s license.
(ab) Permitting an unlicensed person under the licensee’s supervision or control to perform, or permitting that person to hold themselves out as competent to perform, mental health services beyond the unlicensed person’s level of education, training, or experience. For purposes of this subdivision, “unlicensed person” is defined in subdivision (r).
(ac) The violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person, including an unlicensed person identified in subdivision (ab), by a licensee that violates this chapter, the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)), or any rules or regulations adopted by the board pursuant to those provisions. For purposes of this subdivision, “unlicensed person” is defined in subdivision (r).
(ad) The violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person required by the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980)), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)), or the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)).

SEC. 7.

 Section 4996.20 of the Business and Professions Code is amended to read:

4996.20.
 (a) “Supervisor,” as used in this chapter, means an individual who meets all of the following requirements:
(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:
(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to subdivision (e) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by associate clinical social workers, associate marriage and family therapists or trainees, or associate professional clinical counselors. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(3) Has received training in supervision as specified in this chapter and by regulation.
(4) Has not provided therapeutic services to the supervisee.
(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(6) Is not a spouse, domestic partner, or relative of the supervisee.
(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(b) As used in this chapter, the term “supervision” means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience.
“Supervision” includes, but is not limited to, all of the following:
(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.
(2) Monitoring and evaluating the supervisee’s assessment, diagnosis, and treatment decisions and providing regular feedback.
(3) Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.
(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.
(5) Ensuring the supervisee’s compliance with laws and regulations governing the practice of clinical social work.
(6) Reviewing the supervisee’s progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.
(7) With the client’s written consent, providing direct observation or review of audio or video recordings of the supervisee’s counseling or therapy, as deemed appropriate by the supervisor.

SEC. 8.

 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 hours of experience 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 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. 9.

 Section 4999.12 of the Business and Professions Code is amended to read:

4999.12.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Board” means the Board of Behavioral Sciences.
(b) “Accredited” means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.
(c) “Approved” means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicant’s graduation from the school, college, or university.
(d) “Applicant for licensure” means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.
(e) “Licensed professional clinical counselor” or “LPCC” means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.
(f) “Associate” means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.
(g) “Clinical counselor trainee” means an unlicensed person who is currently enrolled in a master’s or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.
(h) “Supervisor” means an individual who meets all of the following requirements:
(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:
(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2) If the individual is a licensed professional clinical counselor seeking to supervise an associate marriage and family therapist, a marriage and family therapist trainee, or an associate professional clinical counselor or licensee seeking experience to treat couples and families pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 4999.20, the individual shall meet the additional training and education requirements in subparagraphs (A) to (C), inclusive, of paragraph (3) of subdivision (a) of Section 4999.20.
(3) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to subdivision (e) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(4) Has received training in supervision as specified in this chapter and by regulation.
(5) Has not provided therapeutic services to the supervisee.
(6) Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(7) Is not a spouse, domestic partner, or relative of the supervisee.
(8) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(i) “Client centered advocacy” includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.
(j) “Advertising” or “advertise” includes, but is not limited to, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church buildings or notices in church bulletins mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
(k) “Referral” means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.
(l) “Research” means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.
(m) “Supervision” means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:
(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.
(2) Monitoring and evaluating the supervisee’s assessment, diagnosis, and treatment decisions and providing regular feedback.
(3) Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.
(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.
(5) Ensuring the supervisee’s compliance with laws and regulations governing the practice of licensed professional clinical counseling.
(6) Reviewing the supervisee’s progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.
(7) With the client’s written consent, providing direct observation or review of audio or video recordings of the supervisee’s counseling or therapy, as deemed appropriate by the supervisor.
(n) “Clinical setting” means any setting that meets both of the following requirements:
(1) Lawfully and regularly provides mental health counseling or psychotherapy.
(2) Provides oversight to ensure that the associate’s work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
(o) “Community mental health setting,” means a clinical setting that meets all of the following requirements:
(1) Lawfully and regularly provides mental health counseling or psychotherapy.
(2) Clients routinely receive psychopharmacological interventions in conjunction with psychotherapy, counseling, or other psycho-social interventions.
(3) Clients receive coordinated care that includes the collaboration of mental health providers.
(4) Is not a private practice.

SEC. 10.

 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 hours of experience 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 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. 11.

 Section 1.5 of this bill incorporates amendments to Section 4980.03 of the Business and Professions Code proposed by both this bill and Senate Bill 679. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 4980.03 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 679, in which case Section 1 of this bill shall not become operative.

SEC. 12.

 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.