Bill Text: CA AB93 | 2017-2018 | Regular Session | Introduced
Bill Title: Healing arts: marriage and family therapists: clinical social workers: professional clinical counselors: required experience and supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-26 - Chaptered by Secretary of State - Chapter 743, Statutes of 2018. [AB93 Detail]
Download: California-2017-AB93-Introduced.html
Assembly Bill | No. 93 |
Introduced by Assembly Member Medina |
January 09, 2017 |
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) Nothing in this chapter shall be construed to constrict, limit, or withdraw the Medical Practice Act, the Social Work Licensing Law, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Act.SEC. 2.
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.(2)If a licensed professional clinical counselor, the individual shall meet the additional training and education requirements specified in paragraph (3) of subdivision (a) of Section 4999.20.
(3)
(4)
(5)
SEC. 3.
Section 4980.35 of the Business and Professions Code is amended to read:4980.35.
(a) The Legislature acknowledges that the basic obligation to provide a complete and accurate application for a marriage and family therapist license lies with the applicant. At the same time, the Legislature recognizes that an effort should be made by the board to ensure that persons who enter degree programs and supervisorial training settings that meet the requirements of this chapter are enabled to discern the requirements for licensing and to take the examination when they have completed their educational and experience requirements.SEC. 4.
Section 4980.397 of the Business and Professions Code is amended to read:4980.397.
(a) Effective January 1, 2016, an applicant for licensure as a marriage and family therapist shall pass the following two examinations as prescribed by the board:SEC. 5.
Section 4980.43 of the Business and Professions Code is amended to read:4980.43.
(a) To qualify for licensure as specified in Section 4980.40, each applicant shall complete experience related to the practice of marriage and family therapy under a supervisor who meets the qualifications set forth in Section 4980.03. The experience shall comply with the following:(c)All applicants, trainees, and registrants shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. Supervised experience shall be gained by an intern or trainee only as an employee
or as a volunteer. The requirements of this chapter regarding gaining hours of experience and supervision are applicable equally to employees and volunteers. Experience shall not be gained by an intern or trainee as an independent contractor.
(1)If employed, an intern shall provide the board with copies of the corresponding W-2 tax forms for each year of experience claimed upon application for licensure.
(2)If volunteering, an intern shall provide the board with a letter from his or her employer verifying the intern’s employment as a volunteer upon application for licensure.
(d)Except for experience gained by attending workshops, seminars, training sessions, or conferences as described in paragraph (9) of subdivision (a), supervision shall include at least one hour of direct supervisor contact in each week for
which experience is credited in each work setting, as specified:
(1)A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of client contact in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week.
(2)An individual supervised after being granted a qualifying degree shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of client contact is gained in each setting. No more than six hours of supervision, whether individual or group, shall be credited during any single week.
(3)For purposes of this section, “one hour of direct supervisor contact” means one hour per week of face-to-face contact on an individual basis or two hours per week of
face-to-face contact in a group.
(4)Direct supervisor contact shall occur within the same week as the hours claimed.
(5)Direct supervisor contact provided in a group shall be provided in a group of not more than eight supervisees and in segments lasting no less than one continuous hour.
(6)Notwithstanding paragraph (3), an intern working in a governmental entity, a school, a college, or a university, or an institution that is both nonprofit and charitable may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is upheld.
(7)All experience gained by a trainee shall be monitored by the supervisor as specified by regulation.
(8)The six hours of supervision that may be credited during any single week pursuant to paragraphs (1) and (2) shall apply to supervision hours gained on or after January 1, 2009.
(e)(1)A trainee may be credited with supervised experience completed in any setting that meets all of the following:
(A)Lawfully and regularly provides mental health counseling or psychotherapy.
(B)Provides oversight to ensure that the trainee’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02.
(C)Is not a private practice owned by a licensed marriage and
family therapist, a licensed professional clinical counselor, a licensed psychologist, a licensed clinical social worker, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.
(2)Experience may be gained by the trainee solely as part of the position for which the trainee volunteers or is employed.
(f)(1)An intern may be credited with supervised experience completed in any setting that meets both of the following:
(A)Lawfully and regularly provides mental health counseling or psychotherapy.
(B)Provides oversight to ensure that the intern’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2)An applicant shall not be employed or volunteer in a private practice, as defined in subparagraph (C) of paragraph (1) of subdivision (e), until registered as an intern.
(3)While an intern may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration to interns.
(4)Except for periods of time during a supervisor’s vacation or sick leave, an intern who is employed or volunteering in private practice shall be under the direct supervision of a licensee that has satisfied subdivision (g) of Section 4980.03. The supervising licensee shall either be employed by and practice at the same site as the intern’s employer, or shall be an owner or shareholder of the private practice. Alternative supervision may be arranged during a supervisor’s
vacation or sick leave if the supervision meets the requirements of this section.
(5)Experience may be gained by the intern solely as part of the position for which the intern volunteers or is employed.
(g)Except as provided in subdivision (h), all persons shall register with the board as an intern to be credited for postdegree hours of supervised experience gained toward licensure.
(h)Postdegree hours of experience shall be credited toward licensure so long as the applicant applies for the intern registration within 90 days of the granting of the qualifying master’s or doctoral degree and is thereafter granted the intern registration by the board. An applicant shall not be employed or volunteer in a private practice until registered as an intern by the board.
(i)Trainees, interns, and applicants shall not receive any remuneration from patients or clients, and shall only be paid by their employers.
(j)Trainees, interns, and applicants shall only perform services at the place where their employers regularly conduct business, which may include performing services at other locations, so long as the services are performed under the direction and control of their employer and supervisor, and in compliance with the laws and regulations pertaining to supervision. For purposes of paragraph (3) of subdivision (a) of Section 2290.5, interns and trainees working under licensed supervision, consistent with subdivision (c), may provide services via telehealth within the scope authorized by this chapter and in accordance with any regulations governing the use of telehealth promulgated by the board. Trainees and interns shall have no proprietary interest in their employers’ businesses and shall not
lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of their employers.
(k)Trainees, interns, or applicants who provide volunteered services or other services, and who receive no more than a total, from all work settings, of five hundred dollars ($500) per month as reimbursement for expenses actually incurred by those trainees, interns, or applicants for services rendered in any lawful work setting other than a private practice shall be considered employees and not independent contractors. The board may audit applicants who receive reimbursement for expenses, and the applicants shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.
(l)Each educational institution preparing applicants for licensure pursuant to this chapter shall consider requiring, and shall
encourage, its students to undergo individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her interns and trainees regarding the advisability of undertaking individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, the educational institution and supervisors are encouraged to assist the applicant in locating that counseling or psychotherapy at a reasonable cost.
SEC. 6.
Section 4980.43.1 is added to the Business and Professions Code, to read:4980.43.1.
(a) All trainees, associates, and applicants for licensure shall be at all times under the supervision of a supervisor as specified in this chapter and by regulation.SEC. 7.
Section 4980.43.2 is added to the Business and Professions Code, to read:4980.43.2.
(a) Before applying for licensure with the board, all applicants for licensure as a licensed marriage and family therapist shall first satisfy the required supervised experience.SEC. 8.
Section 4980.43.3 is added to the Business and Professions Code, to read:4980.43.3.
(a) Except for experience gained by attending workshops, seminars, training sessions, or conferences, as described in paragraph (9) of subdivision (a) of Section 4980.43, supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting as follows:SEC. 9.
Section 4980.43.4 is added to the Business and Professions Code, to read:4980.43.4.
(a) A trainee, associate, or applicant for licensure shall only perform services as an employee or as a volunteer. The requirements of this chapter regarding gaining 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.SEC. 10.
Section 4980.43.6 is added to the Business and Professions Code, to read:4980.43.6.
The board shall have the right to audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A supervisor shall maintain records of completion of the required supervisor qualifications for a period of seven years after termination of supervision and shall make these records available to the board for auditing purposes upon request.SEC. 11.
Section 4980.44 of the Business and Professions Code is amended to read:4980.44.
An unlicensed associate marriage and family therapistSEC. 12.
Section 4980.45 of the Business and Professions Code is amended and renumbered to read:(a)
4980.43.5.
(a) A trainee, associate, or applicant for licensure shall only perform services at the place where his or her employer regularly conducts business and services, which may include performing services at other locations as long as the services are performed under the direction and control of his or her employer and his or her supervisor and in compliance with the laws and regulations pertaining to supervision.
(b)
SEC. 13.
Section 4980.78 of the Business and Professions Code is amended to read:4980.78.
(a) This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who do not hold a license as described in Section 4980.72.SEC. 14.
Section 4980.79 of the Business and Professions Code is amended to read:4980.79.
(a) This section applies to persons who apply for licensure or registration on or after January 1, 2016, and who hold a license as described in Section 4980.72.SEC. 15.
Section 4982 of the Business and Professions Code is amended to read:4982.
The board may deny a license or registration or may suspend or revoke the license or registration of a licensee or registrant if he or she has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following:SEC. 16.
Section 4982.15 of the Business and Professions Code is amended to read:4982.15.
(a) The board may place a license or registration on probation under the following circumstances:SEC. 17.
Section 4984.01 of the Business and Professions Code is amended to read:4984.01.
(a) The associate marriage and family therapistSEC. 18.
Section 4984.7 of the Business and Professions Code is amended to read:4984.7.
(a) The board shall assess the following fees relating to the licensure of marriage and family therapists:SEC. 19.
Section 4992.3 of the Business and Professions Code is amended to read:4992.3.
The board may deny a license or a registration, or may suspend or revoke the license or registration of a licensee or registrant if he or she has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following:(t)
(u)
(v)
(w)
(x)
(y)
(z)
SEC. 20.
Section 4996.17 of the Business and Professions Code is amended to read:4996.17.
(a) (1) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially the equivalent of the requirements of this chapter.SEC. 21.
Section 4996.18 of the Business and Professions Code is amended to read:4996.18.
(a) A person who wishes to be credited with experience toward licensure requirements shall register with the board as an associate clinical social worker prior to obtaining that experience. The application shall be made on a form prescribed by the board.(d)All applicants and registrants shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of clinical social work.
(e)Any experience obtained under the supervision of a spouse or relative by blood or marriage shall not be credited toward the required hours of supervised experience. Any experience obtained under the supervision of a supervisor with whom the applicant
has a personal relationship that undermines the authority or effectiveness of the supervision shall not be credited toward the required hours of supervised experience.
(f)
(g)
(h)A registrant shall not provide clinical social work services to the public for a fee, monetary or otherwise, except as an employee.
(i)A registrant
SEC. 22.
Section 4996.20 is added to the Business and Professions Code, to read:4996.20.
(a) “Supervisor,” as used in this chapter, means an individual who meets the requirements set forth in this chapter and by regulation. The requirements include, but are not limited to, all of the following:SEC. 23.
Section 4996.21 is added to the Business and Professions Code, to read:4996.21.
The board shall have the right to audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A supervisor shall maintain records of completion of the required supervisor qualifications for a period of seven years after termination of supervision and shall make these records available to the board for auditing purposes upon request.SEC. 24.
Section 4996.23 of the Business and Professions Code is amended to read:4996.23.
(a) To qualify for licensure as specified in Section 4996.2, each applicant shall complete(c)“Supervision” means responsibility for, and control of, the quality of clinical social work services being provided. Consultation or peer discussion shall not be considered to be supervision.
(d)(1)Prior to the commencement of supervision, a supervisor shall comply with all requirements enumerated in Section 1870 of Title 16 of the California Code of Regulations and
shall sign under penalty of perjury the “Responsibility Statement for Supervisors of an Associate Clinical Social Worker” form.
(2)Supervised experience shall include at least one hour of direct supervisor contact for a minimum of 104 weeks. For purposes of this subdivision, “one hour of direct supervisor contact” means one hour per week of face-to-face contact on an individual basis or two hours of face-to-face contact in a group conducted within the same week as the hours claimed.
(3)An associate shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of face-to-face psychotherapy is performed in each setting in which experience is gained. No more than six hours of supervision, whether individual or group, shall be credited during any single week.
(4)Supervision shall include at least one hour of direct supervisor contact during each week for which experience is
gained in each work setting. Supervision is not required for experience gained attending workshops, seminars, training sessions, or conferences as described in paragraph (3) of subdivision (a).
(5)
(6)Group supervision shall be provided in a group of not more than eight supervisees and shall be provided in segments lasting no less than one continuous hour.
(7)Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, and of the 52 weeks of required individual supervision, not less than 13 weeks shall be supervised by a licensed clinical social worker.
(8)Notwithstanding paragraph (2), an associate clinical social worker working for a governmental entity, school, college, or university, or an
institution that is both a nonprofit and charitable institution, may obtain the required weekly direct supervisor contact via live two-way videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is preserved.
(e)The supervisor and the associate shall develop a supervisory plan that describes the goals and objectives of supervision. These goals shall include the ongoing assessment of strengths and limitations and the assurance of practice in accordance with the laws and regulations. The associate shall submit to the board the initial original supervisory plan upon application for licensure.
(f)Experience shall only be gained in a setting that meets both of the following:
(1)Lawfully and regularly provides clinical social work, mental health counseling, or psychotherapy.
(2)Provides oversight to ensure that the associate’s work at the setting meets the
experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4996.9.
(g)Experience shall not be gained until the applicant has been registered as an associate clinical social worker.
(h)Employment in a private practice as defined in subdivision (i) shall not commence until the applicant has been registered as an associate clinical social worker.
(i)A private practice setting is a setting that is owned by a licensed clinical social worker, a licensed marriage and family therapist, a licensed psychologist, a licensed professional clinical counselor, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.
(j)If volunteering, the associate shall provide the board with a letter from his or her employer verifying his or her voluntary status upon application for
licensure.
(k)If employed, the associate shall provide the board with copies of his or her W-2 tax forms for each year of experience claimed upon application for licensure.
(l)While an associate may be either a paid employee or volunteer, employers are encouraged to provide fair remuneration to associates.
(m)An associate shall not do the following:
(1)Receive any remuneration from patients or clients and shall only be paid by his or her employer.
(2)Have any proprietary interest in the employer’s business.
(3)Lease or rent space, pay for furnishings, equipment, or supplies, or in any other way pay for the obligations of his or her employer.
(n)An associate, whether employed or volunteering, may obtain supervision from a person not employed by the associate’s employer if that person has signed a written
agreement with the employer to take supervisory responsibility for the associate’s social work services.
(o)Notwithstanding any other provision of law, associates and applicants for examination shall receive a minimum of one hour of supervision per week for each setting in which he or she is working.
SEC. 25.
Section 4996.23.1 is added to the Business and Professions Code, to read:4996.23.1.
(a) For purposes of this chapter, “one hour of direct supervisor contact” means any of the following:SEC. 26.
Section 4996.23.2 is added to the Business and Professions Code, to read:4996.23.2.
(a) An associate clinical social worker or applicant shall only perform services as an employee or as a volunteer. The requirements of this chapter regarding gaining hours of experience and supervision shall apply equally to employees and volunteers. An associate or applicant 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.SEC. 27.
Section 4996.23.3 is added to the Business and Professions Code, to read:4996.23.3.
(a) An associate clinical social worker or an applicant for licensure shall only perform services at the place where his or her employer regularly conducts business and services, which may include performing services at other locations, as long as the services are performed under the direction and control of his or her employer and his or her supervisor and in compliance with the laws and regulations pertaining to supervision.SEC. 28.
Section 4996.24 of the Business and Professions Code is repealed.(a)A licensee in private practice who has satisfied the requirements of Section 1870 of Title 16 of the California Code of Regulations may supervise or employ, at any one time, no more than a total of three individuals registered as either a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker in that private practice.
(b)A licensed clinical social workers’ corporation may employ, at any one time, no more than a total of three individuals registered as either a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker for each employee or shareholder who has satisfied the requirements of Section 1870 of Title 16 of the California
Code of Regulations.
(c)In no event shall any licensed clinical social workers’ corporation employ, at any one time, more than a total of 15 individuals registered as either a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker. In no event shall any supervisor supervise, at any one time, more than a total of three individuals registered as either a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker. Persons who supervise individuals registered as either a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker shall be employed full time by the licensed clinical social workers’ corporation and shall be actively engaged in performing professional services at and for the licensed clinical social workers’ corporation. Employment and supervision within the licensed clinical social workers’ corporation
shall be subject to all laws and regulations governing experience and supervision gained in a private practice setting.
SEC. 29.
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:(2)
(3)
(4)
(1)
(2)Reviewing client or patient records, monitoring
(3)
(4)
(5)That amount of direct observation,
SEC. 30.
Section 4999.34 of the Business and Professions Code is repealed.A clinical counselor trainee may be credited with predegree supervised practicum and field study experience completed in a setting that meets all of the following requirements:
(a)Lawfully and regularly provides mental health counseling and psychotherapy.
(b)Provides oversight to ensure that the clinical counselor trainee’s work at the setting meets the practicum and field study experience and requirements set forth in this chapter and is within the scope of practice for licensed professional clinical counselors.
(c)Is not a private practice.
(d)Experience may be
gained by the clinical counselor trainee solely as part of the position for which the clinical counselor trainee volunteers or is employed.
SEC. 31.
Section 4999.36 of the Business and Professions Code is amended to read:4999.36.
(a) A clinical counselor trainee may perform activities and services provided that the activities and services constitute part of the clinical counselor trainee’s supervised course of study and that the person is designated by the title “clinical counselor trainee.”(f)A clinical counselor trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of client contact in
each setting. For purposes of this subdivision, “one hour of direct supervisor contact” means one hour of face-to-face contact on an individual basis or two hours of face-to-face contact in a group of not more than eight persons in segments lasting no less than one continuous hour.
SEC. 32.
Section 4999.42 of the Business and Professions Code is amended to read:4999.42.
(a) To qualify for registration as anSEC. 33.
Section 4999.44 of the Business and Professions Code is repealed.An intern may be credited with supervised experience completed in any setting that meets all of the following requirements:
(a)Lawfully and regularly provides mental health counseling or psychotherapy.
(b)Provides oversight to ensure that the intern’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as specified in Article 2 (commencing with Section 4999.20).
(c)Experience may be gained by the intern solely as part of the position for which the intern volunteers or is employed.
(d)An intern shall not be employed or volunteer in a private practice until registered as an intern.
SEC. 34.
Section 4999.45 of the Business and Professions Code is repealed.(a)An intern employed under this chapter shall:
(1)Not perform any duties, except for those services provided as a clinical counselor trainee, until registered as an intern.
(2)Not be employed or volunteer in a private practice until registered as an intern.
(3)Inform each client prior to performing any professional services that he or she is unlicensed and under supervision.
(4)Renew annually for a maximum of five years after initial registration with the board.
(b)When no further renewals are possible, an applicant may apply for and obtain a subsequent intern registration number if the applicant meets the educational requirements for registration in effect at the time of the application for a subsequent intern registration number and has passed the California law and ethics examination described in Section 4999.53. An applicant issued a subsequent intern registration number pursuant to this subdivision shall not be employed or volunteer in a private practice.
(c)This section shall become operative on January 1, 2016.
SEC. 35.
Section 4999.455 of the Business and Professions Code is repealed.(a)A licensed professional in private practice who has satisfied the requirements of subdivision (h) of Section 4999.12 may supervise or employ, at any one time, no more than a total of three individuals registered as a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker in that private practice.
(b)A professional clinical counselor corporation may employ, at any one time, no more than three individuals registered as a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker for each employee or shareholder who has satisfied the requirements of subdivision (h) of Section 4999.12. In no event shall any
professional clinical counselor corporation employ, at any one time, more than 15 individuals registered as a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker. In no event shall any supervisor supervise, at any one time, more than three individuals registered as a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker. Persons who supervise individuals registered as a marriage and family therapist intern, clinical counselor intern, or associate clinical social worker shall be employed full time by the professional clinical counselor corporation and shall be actively engaged in performing professional services at and for the professional clinical counselor corporation. Employment and supervision within a professional clinical counselor corporation shall be subject to all laws and regulations governing experience and supervision gained in a private practice setting.
SEC. 36.
Section 4999.46 of the Business and Professions Code is amended to read:4999.46.
(a) To qualify for licensure as specified in Section 4999.50, applicants shall complete experience related to the practice of professional clinical counseling under(d)An applicant shall register with the board as an intern in order to be credited for postdegree hours of experience toward licensure. Postdegree hours of experience shall be credited toward licensure, provided that the applicant applies for intern registration within 90 days of the granting of the qualifying degree and is thereafter granted the intern registration by the board. An applicant shall not be employed or volunteer in a private practice until registered as an intern by the board.
(e)All applicants and interns shall be at all times under the supervision of
a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board for compliance with all laws, rules, and regulations governing the practice of professional clinical counseling.
(f)Experience obtained under the supervision of a spouse or relative by blood or marriage shall not be credited toward the required hours of supervised experience. Experience obtained under the supervision of a supervisor with whom the applicant has had or currently has a personal, professional, or business relationship that undermines the authority or effectiveness of the supervision shall not be credited toward the required hours of supervised experience.
(g)Except for experience gained by attending workshops, seminars, training sessions,
or conferences as described in paragraph (5) of subdivision (a), supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting.
(1)No more than six hours of supervision, whether individual or group, shall be credited during any single week. This paragraph shall apply to supervision hours gained on or after January 1, 2009.
(2)An intern shall receive at least one additional hour of direct supervisor contact for every week in which more than 10 hours of face-to-face psychotherapy is performed in each setting in which experience is gained.
(3)For purposes of this section, “one hour of direct supervisor contact” means one hour of face-to-face contact on an individual basis or two hours of face-to-face contact in a group of not more than
eight persons in segments lasting no less than one continuous hour.
(4)Notwithstanding paragraph (3), an intern working in a governmental entity, a school, a college, or a university, or an institution that is both nonprofit and charitable, may obtain the required weekly direct supervisor contact via two-way, real-time videoconferencing. The supervisor shall be responsible for ensuring that client confidentiality is upheld.
(h)This section shall become operative on January 1, 2016.
SEC. 37.
Section 4999.46.1 is added to the Business and Professions Code, to read:4999.46.1.
(a) An associate or applicant for licensure shall be at all times under the supervision of a supervisor as specified in this chapter and by regulation.SEC. 38.
Section 4999.46.2 is added to the Business and Professions Code, to read:4999.46.2.
(a) A clinical counselor trainee shall receive an average of at least one hour of direct supervisor contact in each week for every five hours of direct clinical counseling that is performed in each setting.SEC. 39.
Section 4999.46.3 is added to the Business and Professions Code, to read:4999.46.3.
(a) A clinical counselor trainee, associate, or applicant for licensure shall only perform services as an employee or as a volunteer. The requirements of this chapter regarding gaining 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.SEC. 40.
Section 4999.46.4 is added to the Business and Professions Code, to read:4999.46.4.
(a) A clinical counselor trainee, associate, or applicant for licensure shall only perform services at the place where his or her employer regularly conducts business and services, which may include performing services at other locations, as long as the services are performed under the direction and control of his or her employer and his or her supervisor and in compliance with the laws and regulations pertaining to supervision.SEC. 41.
Section 4999.46.5 is added to the Business and Professions Code, to read:4999.46.5.
The board shall have the right to audit the records of any supervisor to verify the completion of the supervisor qualifications specified by this chapter and by regulation. A supervisor shall maintain records of completion of the required supervisor qualifications for a period of seven years after termination of supervision and shall make these records available to the board for auditing purposes upon request.SEC. 42.
Section 4999.47 of the Business and Professions Code is repealed.(a)Clinical counselor trainees, interns, and applicants shall perform services only as an employee or as a volunteer.
The requirements of this chapter regarding gaining hours of clinical mental health experience and supervision are applicable equally to employees and volunteers. Experience shall not be gained by interns or trainees as an independent contractor.
(1)If employed, a clinical counselor intern shall provide the board with copies of the corresponding W-2 tax forms for each year of experience claimed upon application for licensure as a professional clinical counselor.
(2)If volunteering, a clinical counselor intern shall provide the board with a letter from his or her employer verifying the intern’s employment as a volunteer upon application for licensure as a professional clinical counselor.
(b)Clinical counselor trainees, interns, and applicants shall not receive any remuneration from patients or clients, and shall only be paid by their employers.
(c)While an intern may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration.
(d)Clinical counselor trainees, interns, and applicants who provide voluntary services or other services, and who receive no more than a total, from all work settings, of five hundred dollars ($500) per
month as reimbursement for expenses actually incurred by those clinical counselor trainees, interns, and applicants for services rendered in any lawful work setting other than a private
practice shall be considered an employee and not an independent contractor.
(e)The board may audit an intern or applicant who receives reimbursement for expenses and the intern or applicant shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.
(f)Clinical counselor trainees, interns, and applicants shall only perform services at the place where their employer regularly conducts business and services, which may include other locations, as long as the services are performed under the direction and control of the employer and supervisor in compliance with the laws and regulations pertaining to supervision. Clinical counselor trainees, interns, and applicants shall have no proprietary interest in
the employer’s business.
(g)Each educational institution preparing applicants for licensure pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her interns and clinical counselor trainees regarding the advisability of undertaking individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, the educational institution and supervisors are encouraged to assist the applicant in locating that counseling or psychotherapy at a reasonable cost.