Bill Text: CA SB679 | 2019-2020 | Regular Session | Chaptered

California Senate Bill 679 (Prior Session Legislation)

Bill Title: Healing arts: therapists and counselors: licensing.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2019-09-27 - Chaptered by Secretary of State. Chapter 380, Statutes of 2019. [SB679 Detail]

Download: California-2019-SB679-Chaptered.html

Senate Bill No. 679

CHAPTER 380

An act to amend Sections 4980.03, 4980.74, 4980.78, 4980.81, 4996.18, 4999.61, and 4999.62 of, to add Sections 4996.17.1 and 4996.17.2 to, to repeal Sections 4980.79, 4996.17, and 4999.63 of, and to repeal and add Sections 4980.72 and 4999.60 of, the Business and Professions Code, relating to healing arts.

[ Approved by Governor September 27, 2019. Filed with Secretary of State September 27, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 679, Bates. Healing arts: therapists and counselors: licensing.

(1) Existing law provides for the licensure and regulation of marriage and family therapists under the Licensed Marriage and Family Therapist Act, of clinical social workers under the Clinical Social Worker Practice Act, and of professional clinical counselors under the Licensed Professional Clinical Counselor Act by the Board of Behavioral Sciences. Existing law prescribes requirements for an applicant for licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor who holds a valid license in good standing by a corresponding authority in any state or country, including that the applicant’s education is substantially equivalent, as specified, and that the applicant’s supervised experience is substantially equivalent as determined by the board. Existing law requires the board to determine substantially equivalency for these purposes based on specified standards for an applicant who has held a license for less than 4 years.

This bill would revise and recast requirements for an applicant who holds a license in another jurisdiction of the United States as a marriage and family therapist, clinical social worker, or professional clinical counselor at the highest level of independent clinical practice that has been current, active, and unrestricted for at least 2 years. The bill would delete the requirement that the applicant’s education is substantially equivalent and instead would require the applicant’s degree that qualified the person for licensure is a master’s degree or, if applicable, a doctoral degree, obtained from an accredited or approved institution. The bill would delete a requirement for the applicant to pass a clinical licensing examination set forth in regulations adopted by the board, and would impose specified coursework requirements on those applicants, including coursework in California cultures and social and psychological implications of socioeconomic position. The bill would also require, on or after January 1, 2021, all applicants holding out-of-state licenses, regardless of how long they have held the out-of-state license, to complete specified coursework or training in suicide risk assessment and intervention. The bill would make conforming and other nonsubstantive changes.

(2) Existing law requires that, with respect to an applicant for licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor who does not qualify for licensure as described above, education and experience that the applicant gained outside of the state to be accepted for specified licensure or registration requirements if that education or experience is substantially equivalent, subject to certain standards.

This bill would revise those requirements by requiring the amount of time that the applicant held an active license in good standing in another state or country to be accepted as qualifying supervised experience at a specified rate and up to a maximum of a specified amount of hours. The bill would also exempt an applicant who obtained a license or registration in another state or country from the clinical examination if certain conditions are met. The bill would also revise the requirements to determine whether education is substantially equivalent for these purposes by, among other changes, requiring coursework to be from an accredited or approved institution or continuing education provider, on or after January 1, 2021, and for the applicant to complete specified coursework or applied experience in suicide risk assessment and intervention.

This bill would incorporate additional changes to Section 4980.03 of the Business and Professions Code proposed by AB 1651 to be operative only if this bill and AB 1651 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 4980.81 of the Business and Professions Code proposed by SB 786 to be operative only if this bill and SB 786 are enacted and this bill is enacted last.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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 either:

(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 either practiced psychotherapy 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, or clinical social worker, issued by the board.

(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).

(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. 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.

(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.

(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.

(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).

(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.

SEC. 2.

Section 4980.72 of the Business and Professions Code is repealed.

SEC. 3.

Section 4980.72 is added to the Business and Professions Code, to read:

4980.72.

The board may issue a license to a person who, at the time of submitting an application for a license pursuant to this chapter, holds a license in another jurisdiction of the United States as a marriage and family therapist at the highest level for independent clinical practice if all of the following requirements are met:

(a) The applicant’s license in the other jurisdiction has been current, active, and unrestricted in that jurisdiction for at least two years immediately before the date the application was received by the board. The applicant shall disclose to the board for review any past restrictions or disciplinary action on an out-of-state license, and the board shall consider these actions in determining whether to issue a license to the applicant.

(b) The applicant’s degree that qualified the person for the out-of-state license is a master’s or doctoral degree that was obtained from an accredited or approved institution.

(d) The applicant completes the coursework specified in paragraphs (1) and (2) from an accredited institution or an approved institution or from an acceptable provider of continuing education as specified in Section 4980.54. Undergraduate coursework shall not satisfy these requirements.

(1) A minimum of 12 hours of coursework in California law and professional ethics that includes, but is not limited to, instruction in advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous clients, psychotherapist-client privilege, recordkeeping, client access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to clients, the application of legal and ethical standards in different types of work settings, and licensing law and the licensing process.

(2) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position.

(e) The applicant obtains a minimum of seven contact hours of training or coursework in child abuse assessment and reporting, as specified in Section 28, and any regulations promulgated pursuant to that section.

(f) On or after January 1, 2021, the applicant shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4980.396.

(g) The applicant passes the board-administered California law and ethics examination specified in subdivision (d) of Section 4980.40. The clinical examination specified in subdivision (d) of Section 4980.40 shall be waived for an applicant qualifying under this section.

(h) This section was developed based on an examination of the licensure requirements for marriage and family therapists on a national level. This section shall not be construed to apply to any provisions under this division or Division 3 (commencing with Section 5000) other than this act.

SEC. 4.

Section 4980.74 of the Business and Professions Code is amended to read:

4980.74.

(a) This section applies to persons with education gained from an out-of-state school or experience gained outside of California who apply for licensure or registration and who do not qualify for a license under Section 4980.72.

(b) The board shall accept education gained from an out-of-state school for purposes of satisfying licensure or registration requirements if the education is substantially equivalent, as defined in Section 4980.78, and the applicant complies with Section 4980.76, if applicable. The applicant’s degree title need not be identical to that required by Section 4980.36 or 4980.37.

(c) The board shall accept experience gained outside of California for purposes of satisfying licensure or registration requirements if the experience is substantially equivalent to the experience required by this chapter. If the applicant has fewer than 3,000 hours of qualifying supervised experience, the board shall accept as qualifying supervised experience the amount of time the applicant held an active license in good standing in another state or country as a marriage and family therapist at the highest level for independent clinical practice at a rate of 100 hours per month, up to a maximum of 1,200 hours.

(d) An applicant who obtained a license or registration in another state or country may qualify for licensure with the board without taking the clinical examination specified in Section 4980.40 if both of the following conditions are met:

(1) The applicant obtained a passing score on the clinical licensing examination set forth in regulation as accepted by the board.

(2) The applicant’s license or registration in that state or country is active, in good standing at the time of the application, and is not revoked, suspended, surrendered, denied, or otherwise restricted or encumbered.

SEC. 5.

Section 4980.78 of the Business and Professions Code is amended to read:

4980.78.

(a) This section applies to persons with education gained from an out-of-state school who apply for licensure or registration and who do not qualify for a license under Section 4980.72.

(b) For purposes of Section 4980.74, education is substantially equivalent if all of the following requirements are met:

(1) The degree is obtained from an accredited institution or approved institution and consists of, at a minimum, the following:

(A) (i) For an applicant who obtained a degree within the timeline prescribed by subdivision (a) of Section 4980.36, the degree shall contain no less than 60 semester units or 90 quarter units of instruction.

(ii) Up to 12 semester units or 18 quarter units of instruction may be remediated, if missing from the degree. The remediation may occur while the applicant is registered as an associate.

(B) For an applicant who obtained a degree within the timeline prescribed by subdivision (a) of Section 4980.37, the degree shall contain no less than 48 semester units or 72 quarter units of instruction.

(C) (i) Six semester units or nine quarter units of supervised practicum, including, but not limited to, a minimum of 150 hours of face-to-face experience counseling individuals, couples, families, or groups, and an additional 75 hours of either face-to-face experience counseling individuals, couples, families, or groups or client centered advocacy, or a combination of face-to-face experience counseling individuals, couples, families, or groups and client centered advocacy.

(ii) An out-of-state applicant who holds a valid license in good standing in another state or country as a marriage and family therapist at the highest level for independent clinical practice is exempt from the practicum requirement specified in clause (i).

(D) Twelve semester units or 18 quarter units in the areas of marriage, family, and child counseling and marital and family systems approaches to treatment, as specified in subparagraph (A) of paragraph (1) of subdivision (d) of Section 4980.36.

(2) The applicant shall complete coursework in California law and ethics as follows:

(A) An applicant who completed a course in law and professional ethics for marriage and family therapists as specified in paragraph (8) of subdivision (a) of Section 4980.81, that did not contain instruction in California law and ethics, shall complete a 12-hour course in California law and professional ethics. The content of the course shall include, but not be limited to, advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, state and federal laws relating to confidentiality of patient health information, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, therapist disclosures to patients, the application of legal and ethical standards in different types of work settings, and licensing law and licensing process. The coursework shall be from an accredited institution, an approved institution, or from a continuing education provider identified as acceptable by the board pursuant to Section 4980.54. This coursework shall be completed before registration as an associate.

(B) An applicant who has not completed a course in law and professional ethics for marriage and family therapists as specified in paragraph (8) of subdivision (a) of Section 4980.81 shall complete this required coursework. The coursework shall contain content specific to California law and ethics. This coursework shall be completed before registration as an associate.

(3) The applicant completes the educational requirements specified in Section 4980.81 not already completed in the applicant’s education. The coursework shall be from an accredited institution, an approved institution, or from a continuing education provider that is identified as acceptable by the board pursuant to Section 4980.54. Undergraduate courses shall not satisfy this requirement.

(4) The applicant completes the following coursework not already completed in the applicant’s education from an accredited institution, an approved institution, or from a continuing education provider that is identified as acceptable by the board pursuant to Section 4980.54. Undergraduate courses shall not satisfy this requirement.

(A) At least three semester units, or 45 hours, of instruction regarding the principles of mental health recovery-oriented care and methods of service delivery in recovery-oriented practice environments, including structured meetings with various consumers and family members of consumers of mental health services to enhance understanding of their experience of mental illness, treatment, and recovery.

(B) At least one semester unit, or 15 hours, of instruction that includes an understanding of various California cultures and the social and psychological implications of socioeconomic position.

(5) An applicant may complete any units and course content requirements required under paragraphs (3) and (4) not already completed in the applicant’s education while registered as an associate, unless otherwise specified.

(6) On and after January 1, 2021, an applicant for licensure shall show proof of completion of at least six hours of coursework or applied experience under supervision in suicide risk assessment and intervention using one of the methods specified in Section 4980.396.

(7) The applicant’s degree title need not be identical to that required by subdivision (b) of Section 4980.36.

SEC. 6.

Section 4980.79 of the Business and Professions Code is repealed.

SEC. 7.

Section 4980.81 of the Business and Professions Code is amended to read:

4980.81.

This section applies to persons subject to Section 4980.78 who apply for licensure or registration.

(a) For purposes of Section 4980.78, an applicant shall meet all of the following educational requirements:

(1) A minimum of two semester units of instruction in the diagnosis, assessment, prognosis, and treatment of mental disorders, including severe mental disorders, evidence-based practices, and promising mental health practices that are evaluated in peer-reviewed literature.

(2) At least one semester unit or 15 hours of instruction in psychological testing and at least one semester unit or 15 hours of instruction in psychopharmacology.

(3) (A) Developmental issues from infancy to old age, including demonstration of at least one semester unit, or 15 hours, of instruction that includes all of the following subjects:

(i) The effects of developmental issues on individuals, couples, and family relationships.

(ii) The psychological, psychotherapeutic, and health implications of developmental issues and their effects.

(iii) The understanding of the impact that personal and social insecurity, social stress, low educational levels, inadequate housing, and malnutrition have on human development.

(B) An applicant who is deficient in any of these subjects may remediate the coursework by completing three hours of instruction in each deficient subject.

(4) (A) The broad range of matters and life events that may arise within marriage and family relationships and within a variety of California cultures, including instruction in all of the following:

(i) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated under that section.

(ii) A minimum of 10 contact hours of coursework that includes all of the following:

(I) The assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.

(II) Aging and its biological, social, cognitive, and psychological aspects.

(III) Long-term care.

(IV) End-of-life and grief.

(iii) A minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, intervention strategies, and same-gender abuse dynamics.

(iv) Cultural factors relevant to abuse of partners and family members.

(v) Childbirth, child rearing, parenting, and stepparenting.

(vi) Marriage, divorce, and blended families.

(vii) Poverty and deprivation.

(viii) Financial and social stress.

(ix) Effects of trauma.

(x) The psychological, psychotherapeutic, community, and health implications of the matters and life events described in clauses (i) to (ix), inclusive.

(5) At least one semester unit, or 15 hours, of instruction in multicultural development and cross-cultural interaction, including experiences of race, ethnicity, class, spirituality, sexual orientation, gender, and disability, and their incorporation into the psychotherapeutic process.

(6) A minimum of 10 contact hours of training or coursework in human sexuality, as specified in Section 25 and any regulations promulgated under that section, including the study of physiological, psychological, and social cultural variables associated with sexual behavior and gender identity, and the assessment and treatment of psychosexual dysfunction.

(7) A minimum of 15 contact hours of coursework in substance use disorders, and a minimum of 15 contact hours of coursework in co-occurring disorders and addiction. The following subjects shall be included in this coursework:

(A) The definition of substance use disorders, co-occurring disorders, and addiction. For purposes of this subparagraph, “cooccurring disorders” means a mental illness and substance abuse diagnosis occurring simultaneously in an individual.

(B) Medical aspects of substance use disorders and co-occurring disorders.

(D) Current theories of the etiology of substance abuse and addiction.

(E) The role of persons and systems that support or compound substance abuse and addiction.

(F) Major approaches to identification, evaluation, and treatment of substance use disorders, co-occurring disorders, and addiction, including, but not limited to, best practices.

(G) Legal aspects of substance abuse.

(H) Populations at risk with regard to substance use disorders and co-occurring disorders.

(I) Community resources offering screening, assessment, treatment, and followup for the affected person and family.

(J) Recognition of substance use disorders, co-occurring disorders, and addiction, and appropriate referral.

(K) The prevention of substance use disorders and addiction.

(8) A minimum of a two semester or three quarter unit course in law and professional ethics for marriage and family therapists, including instruction in all of the following subjects:

(A) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of marriage and family therapy.

(B) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of marriage and family therapy, including, but not limited to, family law.

(D) The psychotherapist-patient privilege, confidentiality, the patient dangerous to self or others, and the treatment of minors with and without parental consent.

(E) A recognition and exploration of the relationship between a practitioner’s sense of self and human values and their professional behavior and ethics.

(F) The application of legal and ethical standards in different types of work settings.

(G) Licensing law and licensing process.

SEC. 7.5.

Section 4980.81 of the Business and Professions Code is amended to read:

4980.81.

This section applies to persons subject to Section 4980.78 who apply for licensure or registration.

(a) For purposes of Section 4980.78, an applicant shall meet all of the following educational requirements:

(1) A minimum of two semester units of instruction in the diagnosis, assessment, treatment planning, and treatment of mental disorders, including severe mental disorders, evidence-based practices, and promising mental health practices that are evaluated in peer-reviewed literature.