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Approved Legislation - 2010

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, 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.

 

The following Board sponsored bills become effective January 1, 2010:

SB 819 (Committee on Business, Professions and Economic Development) - Board Omnibus Bill
1. Enforcement
Prohibits the board from publishing on the Internet for more than five years the final determination of a citation and fine of one thousand five hundred dollars ($1,500) or less against a registrant or licensee. (Business and Professions Code (BPC) § 4990.09) 

2. Marriage and Family Therapist Act Title
Adds the following title to Chapter 13 of Division 2 of the Business and Professions Code: “This chapter shall be known, and may be cited, as the Marriage and Family Therapist Act.” (BPC § 4980.04)

3. Out-of-State Licensed Clinical Social Worker (LCSW) Eligibility
Makes a technical change to language relating to eligibility for out of state LCSW applicants that clarifies that an applicant must currently hold a valid license from another state at the time of application. (BPC § 4996.17(b))

4. Miscellaneous Provisions
Repeals code sections containing obsolete language

SB 821 (Committee on Business, Professions and Economic Development) - Board Omnibus Bill

1. Supervision in Private Practice
Limits the number of MFT Interns and Associate Clinical Social Workers (ASWs) that may work under the supervision of a licensed professional in private practice to two total registrants at one time, irrespective of registrant type. (BPC §§ 4980.45 and 4996.24)

2. ASW Employment in Private Practice
Prohibits an ASW issued a subsequent registration from being employed or volunteering in a private practice setting. (BPC § 4996.28(b))

3. Leasing or Renting Space by an ASW
Prohibits an ASW from leasing or renting space, paying for furnishings, equipment or supplies, or in any other way paying for the obligations of their employers. (BPC § 4996.23(l)(3))        

4. Associate Clinical Social Worker (ASW) Supervision
Permits ASWs to gain direct supervisor contact via videoconferencing (or all of the supervision using this method if working in a governmental entity, school, college or university or nonprofit and charitable institution and allows group supervision to be provided in one-hour increments, as long as both increments (full two hours) are provided in the same week as the experience claimed. (BPC § 4996.23(c)(2),(4),(5)and(7))

5. Reinstatement or Modification of Penalty for Registrants
Adds a reference to clarify that registrants may petition for reinstatement or modification of penalty when his or her registration has been revoked or suspended or been placed on probation. (BPC § 4982.2)

6. Unprofessional Conduct of a Supervisor
Clarifies that unprofessional conduct includes any conduct in the supervision of a registrant by any licensee that violates licensing law and regulations adopted by the board, irrespective of the field of practice of the supervisee and the supervisor. (BPC §§ 4992.3(s) and 4982 (r))

7. Unprofessional Conduct

• Adds to the provisions of unprofessional conduct for all licensees the act of subverting or attempting to subvert any licensing examination or the administration of an examination. (BPC §§ 4982(ab), 4989.54(z) and 4992.3(z))
• Deletes the following language from the unprofessional conduct statutes for consistency with related statutes: Conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances or any combination thereof. (BPC §§ 4992.3(c), 4982(c) and 4989.54(d))
• Adds new grounds for discipline to the unprofessional conduct statute for Licensed Educational Psychologists (LEP’s): Failure to comply with the informed consent provisions of the telemedicine statute (Business and Professions Code Section 2290.5), and using or offering to use drugs in the course of performing educational psychology. (BPC § 4989.54(c) and (d))

8. Examination Eligibility
Adds the following examination eligibility provisions to the LEP and LCSW licensing law:

• Prohibits the board from denying an applicant admission to the written examination or delaying the examination solely upon receipt by the board of a complaint alleging acts that would constitute grounds for denying licensure. (BPC § 4989.22(d) and 4992.1(d))
• Requires the board to allow an applicant that has passed the written examination to take the clinical vignette examination regardless of whether the applicant is a subject of a complaint or is under board investigation. This same provision would allow the board to withhold results of the examination pending completion of the investigation. (BPC § 4989.22(e) and 4992.1(e))
• Allows the board to deny an applicant who previously failed either the written or clinical vignette examination permission to retake either examination pending completion of an investigation of any complaint against the applicant. (BPC § 4989.22(f) and 4992.1(f))

9. Miscellaneous Provision
Deletes incorrect reference to an “annual” license renewal.

SB 33 Correa) Marriage and Family Therapist Educational Requirements
Specific information about this bill can be found on the Official California Legislative Information Website. This bill will make a number of changes relating to supervised experience and education required to become a Marriage and Family Therapist (MFT), including:

1. Permit MFT Interns to gain a portion supervision via videoconferencing, if working in a governmental entity, school, college or university or nonprofit and charitable institution;
2. Allow applicants to count experience for performing “client centered advocacy” activities;
3. Require applicants for MFT licensure to submit W-2 forms and verification of volunteer employment;
4. Effective August 1, 2012:
   a. Increase the graduate degree’s total unit requirement from 48 to 60 semester units (72 to 90 quarter units);
   b. Require students to be enrolled in a practicum course while seeing clients and gain an additional 75 hours performing face-to-face counseling or client centered advocacy;
   c. Provide more flexibility in the degree program by requiring fewer specific hours or units for particular coursework, allowing for innovation in curriculum design;
   d. Require certain coursework, such as California law and ethics and child abuse assessment and reporting, which are currently required prior to licensure to instead be completed prior to registration as an intern and within the degree program; and,
   e. Infuse the culture and norms of public mental health work and principles of the Mental Health Services Act throughout the curriculum.
   

For information on supervised experience requirements, see MFT License Requirements.

The following bills were signed into law and become effective January 1, 2010:

AB 681 (Hernandez) Confidentiality of Medical Information: Psychotherapy Exemption
This proposal will allow a psychotherapist to disclose information related to the patient’s outpatient treatment, if the psychotherapist in good faith believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat, without a written request, as specified in current law. At its meeting on May 22, 2009, the Board took a position of “support” on this legislation. Chapter 464, Statutes of 2009.

AB 1113 (Lowenthal) Department of Corrections and Rehabilitation: MFT Intern Experience
This proposal will allow marriage and family therapist interns to gain clinical experience in state correctional facilities. At its meeting on May 22, 2009, the Board took a position of “support” on this legislation. Chapter 135, Statutes of 2009.

SB 43 (Alquist) Improving Healthcare Workforce and Education Data
The proposal would authorize healing arts boards, to, in a manner deemed appropriate by the board, collect information regarding the cultural and linguistic competency of persons licensed, certified, registered, or otherwise subject to regulation under the board. Personally identifiable information collected pursuant to this section would be confidential and not subject to public inspection. At its meeting on May 22, 2009, the Board took a position of “support” on this legislation. On June 30, 2009 this bill was gutted and amended by the author to a different topic. Chapter 330, Statutes of 2009.

SB 296 (Lowenthal) Mental Health Services: Benefit Information
This proposal will require every health care service plan that offers professional mental health services to establish a website that includes plan policies and procedures related to enrollee benefits, modified contracts, providers, continuity of care, independent review and grievances. Additionally, this bill will require health care service plans subject to this bill to issue benefits cards to each enroll to include specified information. At its meeting on May 22, 2009, the Board took a position of “support” on this legislation. Chapter 575, Statutes of 2009.

SB 788 (Wyland) Licensed Professional Clinical Counselors
This bill establishes title protection and licensure for Licensed Professional Clinical Counselors (LPCC), with the program to be administered by the Board of Behavioral Sciences. For more information the Board has provided Information regarding the LPCC timeline, grandparenting, and out of state applicant information.

Updated: January 8, 20112