Bill Text: CA AB690 | 2021-2022 | Regular Session | Amended
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-Amended.html
Amended
IN
Assembly
March 17, 2021 |
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:(b)An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered a private practice setting.
(c)
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 (10) of subdivision (c) of Section 4980.43, direct supervisor contact shall occur as follows: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.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.(2)Provides psychotherapeutic services to clients at the same site as the associate.
SEC. 8.
Section 4980.46 of the Business and Professions Code is amended to read:4980.46.
Any licensed marriage and family therapist who owns a business using a fictitious business name shall not use any name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice.SEC. 9.
Section 4992.10 of the Business and Professions Code is amended to read:4992.10.
A licensed clinical social worker who owns a business using a fictitious business name shall not use a name that is false, misleading, or deceptive, and shall inform the patient, prior to the commencement of treatment, of the name and license designation of the owner or owners of the practice.SEC. 10.
Section 4996.14 of the Business and Professions Code is amended to read:4996.14.
(a) This chapter shall not be construed to constrict, limit, or withdraw the Medical Practice Act, the Licensed Marriage and Family Therapist Act, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Law.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 withSEC. 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:(b)An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered a private practice setting.
(c)
SEC. 13.
Section 4996.15 of the Business and Professions Code is amended to read:4996.15.
(a) Nothing in this article shall restrict or prevent psychosocial activities by employees of accredited academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a master’s degree in social work in an accredited college or university. Any psychosocial activities by the employee shall be part of a supervised course of study and the graduate students shall be designated by titles such as social work interns, social work trainees, or other titles clearly indicating the training status appropriate to their level of training. The term “social work intern,” however, shall be reserved for persons enrolled in a master’s or doctoral training program in social work in an accredited school or department of social work.SEC. 14.
Section 4996.23 of the Business and Professions Code is amended to read:4996.23.
(a) To qualify for licensure, each applicant shall complete 3,000 hours of post-master’s degree supervised experience related to the practice of clinical social work. Except as provided in subdivision (b), experience shall not be gained until the applicant is registered as an associate clinical social worker.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: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.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.(2)Provides psychotherapeutic services to clients at
the same site as the associate.
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:4999.27.
(a) Nothing in this chapter shall restrict or prevent activities of a psychotherapeutic or counseling nature on the part of persons employed by accredited or state-approved academic institutions, public schools, government agencies, or nonprofit institutions who train graduate students pursuing a degree that qualifies for professional clinical counselor licensure at an accredited or state-approved college or university, provided that these activities and services constitute a part of a supervised course of study and that those persons are designated by a title such as “clinical counselor trainee” or other title clearly indicating the training status appropriate to the level of training.SEC. 20.
Section 4999.25 is added to the Business and Professions Code, to read:4999.25.
The settings described in Section 4999.22 are exempt settings and do not fall under the jurisdiction of this chapter or the board except as specified in Section 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:(b)An entity that is licensed or certified by a government regulatory agency to provide health care services shall not be considered a private practice setting.
(c)
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: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.(2)Provides psychotherapeutic services to clients at the same site as the associate.