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Approved Legislation - 2008
For further information regarding legislation see California's Legislative Information website which provides the bill's language, history, status, and analysis as provided by the California State Legislature. For further information regarding approved legislation, see the informational document BBS-Related Statutory Changes for 2008 or contact the Board office at (916) 574-7830.
You can download the current version of the Board's Statutes and Regulations Relating to the Practice of Marriage and Family Therapy, Educational Psychology, and Clinical Social Work. The Board's Statutes and Regulations contain sections of the California Business and Professions Code and the California Code of Regulations. The publication also contains miscellaneous code sections from the California Health and Safety Code and the California Welfare and Institutions Code.
All of the following legislation took effect on January 1, 2008:
Board-Sponsored Legislation
AB 234 (Eng) Marriage and Family Therapy and Licensed Educational PsychologyThe bill addresses changes made by SB 1475 (Statutes of 2006) pertaining to Licensed Educational Psychologists, as follows:
- Changes the CE requirement from 150 hours every five years to 36 hours every two years.
- Permits supervised experience in a school psychology program to have been gained at any time prior to application for licensure.
- Restores the Board’s ability to deem different degree titles as equivalent.
This proposal also makes a number of clarifying changes and updates to the Marriage and Family Therapy Licensing laws, as follows:
- Limits MFT Interns to a maximum of 125 hours of experience providing personal psychotherapy services via telemedicine.
- Prohibits MFT Trainees and Interns from leasing or renting space, paying for furnishings, equipment or supplies, or in any other way paying for the obligations of their employers.
- Requires education gained while residing outside of California to be accepted toward the MFT licensure requirements if it is substantially equivalent.
SB 1048 (Senate Business, Professions and Economic Development Committee): Omnibus Bill
Unprofessional Conduct:
The following is added to the Board’s unprofessional conduct statutes:
- A willful violation of the Health and Safety Code pertaining to release of records.
- A violation of the telemedicine statute.
- List all types of unprofessional conduct in one section.
Eliminate Extensions for Associate Clinical Social Worker Registrations
Requires an Associate Clinical Social Worker (ASW) to obtain new registration if needed, rather than one-year extensions, once his or her registration is no longer renewable.
Out-of-State MFT Education
Clarifies that persons seeking license as a Marriage and Family Therapist (MFT), who live in California yet attend a school located outside of California must meet California’s education standards.
Reduce License Delinquency Period to Three Years
Decreases the amount of time a license can remain delinquent from five years to three years.
Fictitious Business Names
Addresses the use of fictitious business names for Licensed Clinical Social Workers (LCSWs) in private practice, in parallel with current MFT statute.
Fee Statutes
Makes a number of technical changes related to fee and renewal statutes for consistency and clarity.
Exempt Practice Settings
Aligns exempt settings specified in LCSW statute with those specified in MFT statute.
Portability of MFT Licensure
Modifies California’s licensing requirements for MFTs licensed at an equivalent level in another state by making reasonable allowances for equivalent coursework, and for supervised experience gained more than six years ago.
Qualifications for MFT Intern Registration
Eliminates an outdated provision which permits applicants for MFT Intern registration to qualify under an alternative method.
Other Legislation:
AB 14 (Kehoe and Kuehl) Civil Rights Act of 2007
BBS licensees are currently subject to disciplinary action for refusing, or aiding or inciting another licensee to refuse to perform licensed services because of the prospective recipient’s race, color, sex, religion, ancestry, disability, marital status, or national origin. Existing law also creates an exception to that prohibition for healing arts practitioners if the licensed activity sought would pose a direct threat to the health or safety of others.
This legislation adds “medical condition,” “marital status,” and “sexual orientation” to the list of reasons a licensee cannot refuse, or aid or incite another licensee to refuse to perform licensed services. This bill also establishes that these requirements do not prohibit a licensee from taking into consideration those characteristics for purposes of diagnosis or treatment. Additionally, this bill does not require any healing arts practitioner to perform a licensed activity for which he or she is not qualified. This bill also makes a number of other changes not directly related to BBS licensees. The Board did not take a position on this legislation.
AB 1178 (Hernandez) Medical Information: Disclosures
This bill permits a provider of health care to disclose medical information when a psychotherapist has reasonable cause to believe that the patient is in such a mental or emotional condition as to be dangerous to himself or herself or to the person or property of another and that disclosure is necessary to prevent the threatened danger. This bill also conforms the Civil Code to existing provisions established in case law and in the Evidence Code. At its meeting on May 31, 2007, the Board took a position of “support” on this legislation.
SB 45 (Perata) Bureau for Private, Postsecondary and Vocational Education (BPPVE)
This bill extends limited state oversight of private postsecondary schools from February 1, 2008 to July 1, 2008. It also extends by six months (until January 1, 2009), institutional approvals necessary to preserve student ability to sit for licensing exams. The Board did not take a position on this bill, as the BPPVE content was not amended into the bill until August 29, 2007.
Updated: January 28, 2008