Bill Text: CA AB690 | 2021-2022 | Regular Session | Introduced
Bill Title: Marriage and family therapists: clinical social workers: professional clinical counselors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-09 - Chaptered by Secretary of State - Chapter 747, Statutes of 2021. [AB690 Detail]
Download: California-2021-AB690-Introduced.html
Introduced by Assembly Member Arambula |
February 16, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4980.01 of the Business and Professions Code is amended to read:4980.01.
(a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Social Work Licensing Law, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.SEC. 2.
Section 4980.05 is added to the Business and Professions Code, to read:4980.05.
The settings described in Section 4980.01 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 4980.01, and with the following exceptions:SEC. 3.
Section 4980.06 is added to the Business and Professions Code, to read:4980.06.
(a) For the purposes of this chapter, the following definitions apply:SEC. 4.
Section 4980.43 of the Business and Professions Code is amended to read:4980.43.
(a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of supervised experience.SEC. 5.
Section 4980.43.2 of the Business and Professions Code is amended to read:4980.43.2.
(a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph(d)
(e)
SEC. 6.
Section 4980.43.3 of the Business and Professions Code is amended to read:4980.43.3.
(a) A trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. A trainee, associate, or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4980.02, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.(1)
(2)
(3)
(4)
SEC. 7.
Section 4980.43.4 of the Business and Professions Code is amended to read:4980.43.4.
(a) A trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted.(b)An associate who is employed or volunteering in a private practice shall be supervised by an individual who is employed by, and shall practice at the same site as, the associate’s employer. Alternatively, the supervisor may be an owner of the private practice. However, if the site is incorporated, the supervisor must be employed full-time at the site and be actively engaged in performing professional services at the site.
(c)A
supervisor at a private practice or a corporation shall not supervise more than a total of three supervisees at any one time. Supervisees may be registered as an associate marriage and family therapist, an associate professional clinical counselor, or an associate clinical social worker.
(d)In a setting that is not a private practice:
(1)A written oversight agreement, as specified by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer.
(2)A supervisor shall evaluate the site or sites where a trainee or associate will be gaining experience to determine that the site or sites comply with the requirements set forth in this chapter.
(e)Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter and regulation.
SEC. 8.
Section 4980.46 of the Business and Professions Code is amended to read:4980.46.
Any licensed marriage and family therapist whoSEC. 9.
Section 4992.10 of the Business and Professions Code is amended to read:4992.10.
A licensed clinical social worker whoSEC. 10.
Section 4996.14 of the Business and Professions Code is amended to read:4996.14.
(a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Licensed Marriage and Family Therapist Act, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.SEC. 11.
Section 4996.14.1 is added to the Business and Professions Code, to read:4996.14.1.
The settings described in Section 4996.14 are exempt settings and do not fall under the jurisdiction of this chapter or of the board except as specified in Section 4996.14, and with both of the following exceptions:SEC. 12.
Section 4996.14.2 is added to the Business and Professions Code, to read:4996.14.2.
(a) For the purposes of this chapter, the following definitions apply:SEC. 13.
Section 4996.15 of the Business and Professions Code is amended to read:4996.15.
(a) Nothing in this article shall restrict or prevent psychosocial activities by employees of accredited academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a master’s degree in social work in an accredited college or university. Any psychosocial activities by the employee shall be part of a supervised course of study and the graduate students shall be designated bySEC. 14.
Section 4996.23 of the Business and Professions Code is amended to read:4996.23.
(a) To qualify for licensure, each applicant shall complete 3,000 hours of post-master’s degree supervised experience related to the practice of clinical social work. Except as provided in subdivision (b), experience shall not be gained until the applicant is registered as an associate clinical social worker.SEC. 15.
Section 4996.23.1 of the Business and Professions Code is amended to read:4996.23.1.
(a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (3) of subdivision (d) of Section 4996.23, direct supervisor contact shall occur as follows:(f)
(g)
SEC. 16.
Section 4996.23.2 of the Business and Professions Code is amended to read:4996.23.2.
(a) An associate clinical social worker or applicant for licensure shall only perform mental health and related services as an employee or as a volunteer, not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. An associate or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4996.9, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.(b)“Private practice,” for purposes of this chapter, is defined as a setting owned by a licensed clinical social worker, a licensed marriage and family therapist, a psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), a licensed professional clinical counselor, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
SEC. 17.
Section 4996.23.3 of the Business and Professions Code is amended to read:4996.23.3.
(a) An associate clinical social worker or an applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted.(b) An associate who is employed or volunteering in a private practice shall be supervised by an individual who is employed by, and shall practice at the same site as, the associate’s employer. Alternatively, the supervisor may be an owner of the private practice. However, if the site is incorporated, the supervisor must be employed full-time at the site and be actively engaged in performing professional services at the site.
(c)A supervisor at a private practice or a corporation shall not supervise more than a total of three supervisees at any one time. A supervisee may be registered as an associate marriage and family therapist, an associate professional clinical counselor, or an associate clinical social worker.
(d)In a setting that is not a private practice:
(1)A written oversight agreement, as specified by regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer.
(2)A supervisor shall evaluate the site or sites where an associate clinical social worker will be gaining experience to determine that the site or sites are in compliance
with the requirements set forth in this chapter and regulations.
(e)Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter and by regulation.
SEC. 18.
Section 4999.22 of the Business and Professions Code is amended to read:4999.22.
(a) Nothing in this chapter shall prevent qualified persons from doing work of a psychosocial nature consistent with the standards and ethics of their respective professions. However, these qualified persons shall not hold themselves out to the public by any title or description of services incorporating the words “licensed professional clinical counselor” and shall not state that they are licensed to practice professional clinical counseling, unless they are otherwise licensed to provide professional clinical counseling services.SEC. 19.
Section 4999.24 of the Business and Professions Code is amended and renumbered to read:4999.24.4999.27.
(a) Nothing in this chapter shall restrict or prevent activities of a psychotherapeutic or counseling nature on the part of persons employed by accredited or state-approved academic institutions, public schools, government agencies, or nonprofit institutionsSEC. 20.
Section 4999.25 is added to the Business and Professions Code, to read:4999.25.
The settings described in Section 4999.22 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 4999.22, and with the following exceptions:SEC. 21.
Section 4999.26 is added to the Business and Professions Code, to read:4999.26.
(a) For the purposes of this chapter, the following definitions apply:SEC. 22.
Section 4999.46 of the Business and Professions Code is amended to read:4999.46.
(a) Except as provided in subdivision (b), all applicants shall have an active associate registration with the board in order to gain postdegree hours of supervised experience.SEC. 23.
Section 4999.46.2 of the Business and Professions Code is amended to read:4999.46.2.
(a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (5) of subdivision (c) of Section 4999.46, direct supervisor contact shall occur as follows:(d)
(e)
SEC. 24.
Section 4999.46.3 of the Business and Professions Code is amended to read:4999.46.3.
(a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services as an employee or volunteer, and not as an independent contractor. The requirements of this chapter regarding hours of experience and supervision shall apply equally to employees and volunteers. A clinical counselor trainee, associate, or applicant for licensure shall not perform any services or gain any experience within the scope of practice of the profession, as defined in Section 4999.20, as an independent contractor. While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.SEC. 25.
Section 4999.46.4 of the Business and Professions Code is amended to read:4999.46.4.
(a) A clinical counselor trainee, associate, or applicant for licensure shall only perform mental health and related services at the places where their employer permits business to be conducted.(b)An associate who is employed or volunteering in a private practice shall be supervised by an individual who is employed by, and shall practice at the same site as, the associate’s employer. Alternatively, the supervisor may be an owner of the private practice. However, if the site is incorporated, the supervisor must be employed full-time at the site and be actively engaged in performing professional services at the site.
(c)A supervisor at a private practice or a corporation shall not supervise more than a total of three supervisees at any one time. A supervisee may be registered as an associate marriage and
family therapist, an associate professional clinical counselor, or an associate clinical social worker.
(d)In a setting that is not a private practice:
(1)A written oversight agreement, as specified in regulation, shall be executed between the supervisor and employer when the supervisor is not employed by the supervisee’s employer or is a volunteer.
(2)A supervisor shall evaluate the site or sites where an associate will be gaining experience to determine that the site or sites provide experience that is in compliance with the requirements set forth in this chapter.
(e)Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the alternative supervision meets the requirements in this chapter and regulation.