Bill Text: CA SB33 | 2009-2010 | Regular Session | Chaptered
Bill Title: Marriage and family therapy: licensure and registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 26, Statutes of 2009. [SB33 Detail]
Download: California-2009-SB33-Chaptered.html
BILL NUMBER: SB 33 CHAPTERED
BILL TEXT
CHAPTER 26
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JULY 16, 2009
PASSED THE ASSEMBLY JULY 9, 2009
AMENDED IN ASSEMBLY JUNE 8, 2009
AMENDED IN SENATE FEBRUARY 10, 2009
INTRODUCED BY Senator Correa
DECEMBER 8, 2008
An act to amend Sections 28, 4980.02, 4980.03, 4980.35, 4980.38,
4980.40, 4980.43, 4980.44, 4980.50, and 4980.54 of, to amend and
repeal Sections 4980.37, 4980.39, 4980.41, 4980.80, and 4980.90 of,
and to add Sections 4980.36, 4980.72, 4980.74, 4980.76, and 4980.78
to, the Business and Professions Code, to amend Section 1010 of the
Evidence Code, to amend Sections 6924 and 6929 of the Family Code,
and to amend Sections 1277 and 123115 of the Health and Safety Code,
relating to marriage and family therapy.
LEGISLATIVE COUNSEL'S DIGEST
SB 33, Correa. Marriage and family therapy: licensure and
registration.
Existing law provides for the licensure or registration and
regulation of marriage and family therapists and interns by the Board
of Behavioral Sciences and requires that applicants for licensure or
registration, among other requirements, possess a doctor's or master'
s degree from a specified school, college, or university, containing
no less than 48 semester or 72 quarter units of instruction in
specified areas. Existing law requires that the doctor's or master's
degree program contain no less than 6 semester or 9 quarter units of
supervised practicum, as specified, and requires that the practicum
include a minimum of 150 hours of face-to-face experience counseling
individuals, couples, families, or groups. Existing law also requires
the degree program to satisfy certain criteria in order to meet the
educational qualifications for licensure.
This bill would limit the application of these requirements to
applicants for licensure or registration who begin graduate study
before August 1, 2012, and would impose additional requirements on
applicants who do not complete that study on or before December 31,
2018, on applicants who graduate from a degree program that meets
those requirements, and on those who begin graduate study on or after
August 1, 2012. The bill would require that these applicants, among
other things, possess a doctor's or master's degree containing no
less than 60 semester or 90 quarter units of instruction in certain
areas, including, but not limited to, co-occurring disorders,
multicultural development and cross-cultural interaction, and the
effects of socioeconomic status on treatment and available resources,
as specified. The bill would require that these units include 6
semester or 9 quarter units of practicum that provides training in
specified areas and includes a minimum of 225 hours of face-to-face
experience counseling individuals, couples, families, or groups. The
bill would additionally, with respect to these applicants, revise the
requirements needed for the degree program to meet the educational
qualifications for licensure, as specified. The bill would make other
conforming changes and enact related provisions.
Existing law requires that applicants for licensure have at least
2 years of experience that complies with certain requirements. This
experience may consist of, among other things, no more than 1,000
hours of experience in direct supervisor contact and professional
enrichment activities, no more than 125 hours of experience providing
personal psychotherapy services via telemedicine, and no more than
250 hours of experience providing counseling or crisis counseling on
the telephone.
This bill would instead limit the applicant to no more than 1,250
hours of experience in direct supervisor contact, client centered
advocacy, and professional enrichment activities, as specified, and
no more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telemedicine. The bill would also delete the limit on the number of
hours of experience in providing counseling or crisis counseling on
the telephone and would make other related changes.
Existing law requires that all applicants, trainees, and
registrants be at all times under the supervision of a supervisor and
requires that supervision include at least one hour of direct
supervisor contact, as defined, in each week for which experience is
credited in each work setting. Existing law requires that supervised
experience be gained by interns either as an employee or as a
volunteer.
This bill would revise the definition of one hour of direct
supervisor contact and require that this one hour be conducted within
the same week as the hours claimed. The bill would require that
group supervision be provided in segments lasting no less than one
continuous hour and would authorize an intern working in a
governmental entity or a nonprofit and charitable institution, among
others, to obtain the required weekly direct supervisor contact via
videoconferencing, as specified. The bill would also require that,
upon application for licensure, employed interns provide the board
with copies of the corresponding W-2 tax forms and that volunteering
interns provide the board with a letter verifying that volunteer
work, as specified. The bill would make other related changes.
Existing law authorizes the board to issue a license to a person
who has held for at least 2 years a valid license issued by a board
of marriage counselor examiners, or corresponding authority of any
state, if, among other requirements, the education and supervised
experience requirements are substantially equivalent. Existing law
requires the board to accept experience gained outside of California
toward the licensure requirements if it is substantially equivalent
and the applicant has gained a specified number of hours of
supervised experience in direct counseling within California while
registered with the board as an intern. Existing law also requires
the board to accept education gained outside of California toward the
licensure requirements if it is substantially equivalent, as
specified, and the applicant completes certain coursework or
training. If an applicant's education does not contain the content or
units required to obtain a license, existing law authorizes the
board to accept the applicant's education as substantially equivalent
if, among other requirements, the applicant remediates the
deficiency by completing the course content or units required to
obtain a license.
This bill would instead specify that the applicant remediate the
deficiency by completing the content and units required to obtain a
license. The bill would also repeal the provisions relating to
licenses, experience, and education gained outside California on
January 1, 2014, and would revise the requirements applicable to
persons applying for a license after that date. Among other things,
the bill would revise the requirements needed for a person's
education to be substantially equivalent, as specified.
Existing law prohibits a person from advertising himself or
herself as performing the services of a marriage, family, child,
domestic, or marital consultant without a marriage and family
therapist license and prohibits licensed psychologists and licensed
clinical social workers from advertising that they hold a marriage
and family therapist's license. Existing law defines the term
"advertise" for purposes of that provision to include, among other
things, business solicitations communicated by radio or television
broadcasting.
This bill would revise the definition of the term "advertise" to
include the dissemination of a communication by means of mail,
television, radio, motion picture, newspaper, book, list or directory
of healing arts practitioners, Internet, or other electronic
communication.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 28 of the Business and Professions Code is
amended to read:
28. The Legislature finds that there is a need to ensure that
professionals of the healing arts who have demonstrable contact with
child abuse victims, potential child abuse victims, and child abusers
and potential child abusers are provided with adequate and
appropriate training regarding the assessment and reporting of child
abuse which will ameliorate, reduce, and eliminate the trauma of
child abuse and neglect and ensure the reporting of child abuse in a
timely manner to prevent additional occurrences.
The Board of Psychology and the Board of Behavioral Sciences shall
establish required training in the area of child abuse assessment
and reporting for all persons applying for initial licensure and
renewal of a license as a psychologist, clinical social worker, or
marriage and family therapist on or after January 1, 1987. This
training shall be required one time only for all persons applying for
initial licensure or for licensure renewal on or after January 1,
1987.
All persons applying for initial licensure and renewal of a
license as a psychologist, clinical social worker, or marriage and
family therapist on or after January 1, 1987, shall, in addition to
all other requirements for licensure or renewal, have completed
coursework or training in child abuse assessment and reporting which
meets the requirements of this section, including detailed knowledge
of Section 11165 of the Penal Code. The training shall meet all of
the following requirements:
(a) Be completed after January 1, 1983.
(b) Be obtained from one of the following sources:
(1) An accredited or approved educational institution, as defined
in Sections 2902, 4980.36, 4980.37, and 4996.18, including extension
courses offered by those institutions.
(2) A continuing education provider approved by the responsible
board.
(3) A course sponsored or offered by a professional association or
a local, county, or state department of health or mental health for
continuing education and approved by the responsible board.
(c) Have a minimum of seven contact hours.
(d) Include the study of the assessment and method of reporting of
sexual assault, neglect, severe neglect, general neglect, willful
cruelty or unjustifiable punishment, corporal punishment or injury,
and abuse in out-of-home care. The training shall also include
physical and behavioral indicators of abuse, crisis counseling
techniques, community resources, rights and responsibilities of
reporting, consequences of failure to report, caring for a child's
needs after a report is made, sensitivity to previously abused
children and adults, and implications and methods of treatment for
children and adults.
(e) An applicant shall provide the appropriate board with
documentation of completion of the required child abuse training.
The Board of Psychology and the Board of Behavioral Sciences shall
exempt an applicant who applies for an exemption from the
requirements of this section and who shows to the satisfaction of the
board that there would be no need for the training in his or her
practice because of the nature of that practice.
It is the intent of the Legislature that a person licensed as a
psychologist, clinical social worker, or marriage and family
therapist have minimal but appropriate training in the areas of child
abuse assessment and reporting. It is not intended that by solely
complying with the requirements of this section, a practitioner is
fully trained in the subject of treatment of child abuse victims and
abusers.
(f) This section shall become operative on January 1, 1997.
SEC. 2. Section 4980.02 of the Business and Professions Code is
amended to read:
4980.02. For the purposes of this chapter, the practice of
marriage and family therapy shall mean that service performed with
individuals, couples, or groups wherein interpersonal relationships
are examined for the purpose of achieving more adequate, satisfying,
and productive marriage and family adjustments. This practice
includes relationship and premarriage counseling.
The application of marriage and family therapy principles and
methods includes, but is not limited to, the use of applied
psychotherapeutic techniques, to enable individuals to mature and
grow within marriage and the family, the provision of explanations
and interpretations of the psychosexual and psychosocial aspects of
relationships, and the use, application, and integration of the
coursework and training required by Sections 4980.36, 4980.37, and
4980.41, as applicable.
SEC. 3. 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) "Intern," as used in this chapter, means an unlicensed person
who has earned his or her master's or doctor's degree qualifying him
or her for licensure and is registered with the board.
(c) "Trainee," as used in this chapter, means an unlicensed person
who is currently enrolled in a master's or doctor's degree program,
as specified in Sections 4980.36 and 4980.37, that is designed to
qualify him or her 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," as used in this chapter, means an unlicensed
person who has completed a master's or doctoral degree program, as
specified in Sections 4980.36 and 4980.37, and whose application for
registration as an intern is pending, or an unlicensed person who has
completed the requirements for licensure as specified in this
chapter, is no longer registered with the board as an intern, and is
currently in the examination process.
(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, and professional enrichment activities that satisfies the
requirement for licensure as a marriage and family therapist pursuant
to Section 4980.40.
(g) "Supervisor," as used in this chapter, means an individual who
meets all of the following requirements:
(1) Has been licensed by a state regulatory agency for at least
two years as a marriage and family therapist, licensed clinical
social worker, licensed psychologist, or licensed physician certified
in psychiatry by the American Board of Psychiatry and Neurology.
(2) Has not provided therapeutic services to the trainee or
intern.
(3) Has a current and valid license that is not under suspension
or probation.
(4) Complies with supervision requirements established by this
chapter and by board regulations.
(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.
SEC. 4. 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.
(b) In order that the board, the educational institutions, and the
supervisors who monitor the education and experience of applicants
for licensure may develop greater cooperation, the board shall do all
of the following:
(1) Apply a portion of its limited resources specifically to the
task of communicating information about its activities, the
requirements and qualifications for licensure, and the practice of
marriage and family therapy to the relevant educational institutions,
supervisors, professional associations, applicants, trainees,
interns, and the consuming public.
(2) Develop policies and procedures to assist educational
institutions in meeting the curricula requirements of Sections
4980.36 and 4980.37 and any regulations adopted pursuant to those
sections, so that those educational institutions may better provide
assurance to their students that the curriculum offered to fulfill
the educational requirements for licensure will meet those
requirements at the time of the student's application for licensure.
(3) Notify applicants in the application procedure when
applications are incomplete, inaccurate, or deficient, and inform
applicants of any remediation, reconsideration, or appeal procedures
that may be applicable.
(4) Undertake, or cause to be undertaken, further comprehensive
review, in consultation with educational institutions, professional
associations, supervisors, interns, and trainees, of the supervision
of interns and trainees, which shall include, but not be limited to,
the following, and shall propose regulations regarding the
supervision of interns and trainees which may include, but not be
limited to, the following:
(A) Supervisor qualifications.
(B) Continuing education requirements of supervisors.
(C) Registration or licensing of supervisors, or both.
(D) Responsibilities of supervisors in general.
(E) The board's authority in cases of noncompliance or negligence
by supervisors.
(F) The intern's and trainee's need for guidance in selecting
well-balanced and high quality professional training opportunities
within his or her community.
(G) The role of the supervisor in advising and encouraging his or
her intern or trainee regarding the necessity or value and
appropriateness of the intern or trainee engaging in personal
psychotherapy, so as to enable the intern or trainee to become a more
competent marriage and family therapist.
SEC. 5. Section 4980.36 is added to the Business and Professions
Code, to read:
4980.36. (a) This section shall apply to the following:
(1) Applicants for licensure or registration who begin graduate
study before August 1, 2012, and do not complete that study on or
before December 31, 2018.
(2) Applicants for licensure or registration who begin graduate
study before August 1, 2012, and who graduate from a degree program
that meets the requirements of this section.
(3) Applicants for licensure or registration who begin graduate
study on or after August 1, 2012.
(b) To qualify for a license or registration, applicants shall
possess a doctor's or master's degree meeting the requirements of
this section in marriage, family, and child counseling, marriage and
family therapy, psychology, clinical psychology, counseling
psychology, or counseling with an emphasis in either marriage,
family, and child counseling or marriage and family therapy, obtained
from a school, college, or university approved by the Bureau for
Private Postsecondary and Vocational Education or accredited by
either the Commission on the Accreditation of Marriage and Family
Therapy Education or a regional accrediting agency recognized by the
United States Department of Education. The board has the authority to
make the final determination as to whether a degree meets all
requirements, including, but not limited to, course requirements,
regardless of accreditation or approval.
(c) A doctor's or master's degree program that qualifies for
licensure or registration shall do the following:
(1) Integrate all of the following throughout its curriculum:
(A) Marriage and family therapy principles.
(B) The principles of mental health recovery-oriented care and
methods of service delivery in recovery-oriented practice
environments, among others.
(C) An understanding of various cultures and the social and
psychological implications of socioeconomic position, and an
understanding of how poverty and social stress impact an individual's
mental health and recovery.
(2) Allow for innovation and individuality in the education of
marriage and family therapists.
(3) Encourage students to develop the personal qualities that are
intimately related to effective practice, including, but not limited
to, integrity, sensitivity, flexibility, insight, compassion, and
personal presence.
(4) Permit an emphasis or specialization that may address any one
or more of the unique and complex array of human problems, symptoms,
and needs of Californians served by marriage and family therapists.
(5) Provide students with the opportunity to meet with various
consumers and family members of consumers of mental health services
to enhance understanding of their experience of mental illness,
treatment, and recovery.
(d) The degree described in subdivision (b) shall contain no less
than 60 semester or 90 quarter units of instruction that includes,
but is not limited to, the following requirements:
(1) Both of the following:
(A) No less than 12 semester or 18 quarter units of coursework in
theories, principles, and methods of a variety of psychotherapeutic
orientations directly related to marriage and family therapy and
marital and family systems approaches to treatment and how these
theories can be applied therapeutically with individuals, couples,
families, adults, including elder adults, children, adolescents, and
groups to improve, restore, or maintain healthy relationships.
(B) Practicum that involves direct client contact, as follows:
(i) A minimum of six semester or nine quarter units of practicum
in a supervised clinical placement that provides supervised fieldwork
experience.
(ii) A minimum of 225 hours of face-to-face experience counseling
individuals, couples, families, or groups. Up to 75 of those hours
may be gained performing client centered advocacy, as defined in
Section 4980.03.
(iii) A student must be enrolled in a practicum course while
counseling clients.
(iv) The practicum shall provide training in all of the following
areas:
(I) Applied use of theory and psychotherapeutic techniques.
(II) Assessment, diagnosis, and prognosis.
(III) Treatment of individuals and premarital, couple, family, and
child relationships, including trauma and abuse, dysfunctions,
healthy functioning, health promotion, illness prevention, and
working with families.
(IV) Professional writing, including documentation of services,
treatment plans, and progress notes.
(V) How to connect people with resources that deliver the quality
of services and support needed in the community.
(v) Educational institutions are encouraged to design the
practicum required by this subparagraph to include marriage and
family therapy experience in low-income and multicultural mental
health settings.
(2) Instruction in all of the following:
(A) Diagnosis, assessment, prognosis, and treatment of mental
disorders, including severe mental disorders, evidence-based
practices, psychological testing, psychopharmacology, and promising
mental health practices that are evaluated in peer reviewed
literature.
(B) Developmental issues from infancy to old age, including
instruction in all of the following areas:
(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) Aging and its biological, social, cognitive, and
psychological aspects.
(iv) A variety of cultural understandings of human development.
(v) The understanding of human behavior within the social context
of socioeconomic status and other contextual issues affecting social
position.
(vi) The understanding of human behavior within the social context
of a representative variety of the cultures found within California.
(vii) The understanding of the impact that personal and social
insecurity, social stress, low educational levels, inadequate
housing, and malnutrition have on human development.
(C) 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) Child and adult abuse assessment and reporting.
(ii) Spousal or partner abuse assessment, detection, intervention
strategies, and same-gender abuse dynamics.
(iii) Cultural factors relevant to abuse of partners and family
members.
(iv) Childbirth, child rearing, parenting, and stepparenting.
(v) Marriage, divorce, and blended families.
(vi) Long-term care.
(vii) End of life and grief.
(viii) Poverty and deprivation.
(ix) Financial and social stress.
(x) Effects of trauma.
(xi) The psychological, psychotherapeutic, community, and health
implications of the matters and life events described in clauses (i)
to (x), inclusive.
(D) Cultural competency and sensitivity, including a familiarity
with the racial, cultural, linguistic, and ethnic backgrounds of
persons living in California.
(E) 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.
(F) The effects of socioeconomic status on treatment and available
resources.
(G) Resilience, including the personal and community qualities
that enable persons to cope with adversity, trauma, tragedy, threats,
or other stresses.
(H) Human sexuality, 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.
(I) Substance use disorders, co-occurring disorders, and
addiction, including, but not limited to, instruction in all of the
following:
(i) The definition of substance use disorders, co-occurring
disorders, and addiction. For purposes of this subparagraph,
"co-occurring disorders" means a mental illness and substance abuse
diagnosis occurring simultaneously in an individual.
(ii) Medical aspects of substance use disorders and co-occurring
disorders.
(iii) The effects of psychoactive drug use.
(iv) Current theories of the etiology of substance abuse and
addiction.
(v) The role of persons and systems that support or compound
substance abuse and addiction.
(vi) Major approaches to identification, evaluation, and treatment
of substance use disorders, co-occurring disorders, and addiction,
including, but not limited to, best practices.
(vii) Legal aspects of substance abuse.
(viii) Populations at risk with regard to substance use disorders
and co-occurring disorders.
(ix) Community resources offering screening, assessment,
treatment, and followup for the affected person and family.
(x) Recognition of substance use disorders, co-occurring
disorders, and addiction, and appropriate referral.
(xi) The prevention of substance use disorders and addiction.
(J) California law and professional ethics for marriage and family
therapists, including instruction in all of the following areas of
study:
(i) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the scope of practice of marriage
and family therapy.
(ii) 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.
(iii) The current legal patterns and trends in the mental health
professions.
(iv) The psychotherapist-patient privilege, confidentiality, the
patient dangerous to self or others, and the treatment of minors with
and without parental consent.
(v) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
(vi) Differences in legal and ethical standards for different
types of work settings.
(vii) Licensing law and licensing process.
(e) The degree described in subdivision (b) shall, in addition to
meeting the requirements of subdivision (d), include instruction in
case management, systems of care for the severely mentally ill,
public and private services and supports available for the severely
mentally ill, community resources for persons with mental illness and
for victims of abuse, disaster and trauma response, advocacy for the
severely mentally ill, and collaborative treatment. This instruction
may be provided either in credit level coursework or through
extension programs offered by the degree-granting institution.
(f) The changes made to law by this section are intended to
improve the educational qualifications for licensure in order to
better prepare future licentiates for practice, and are not intended
to expand or restrict the scope of practice for marriage and family
therapists.
SEC. 6. Section 4980.37 of the Business and Professions Code is
amended to read:
4980.37. (a) This section shall apply to applicants for licensure
or registration who begin graduate study before August 1, 2012, and
complete that study on or before December 31, 2018. Those applicants
may alternatively qualify under paragraph (2) of subdivision (a) of
Section 4980.36.
(b) To qualify for a license or registration, applicants shall
possess a doctor's or master's degree in marriage, family, and child
counseling, marriage and family therapy, psychology, clinical
psychology, counseling psychology, or counseling with an emphasis in
either marriage, family, and child counseling or marriage and family
therapy, obtained from a school, college, or university accredited by
a regional accrediting agency recognized by the United States
Department of Education or approved by the Bureau for Private
Postsecondary and Vocational Education. The board has the authority
to make the final determination as to whether a degree meets all
requirements, including, but not limited to, course requirements,
regardless of accreditation or approval. In order to qualify for
licensure pursuant to this section, a doctor's or master's degree
program shall be a single, integrated program primarily designed to
train marriage and family therapists and shall contain no less than
48 semester or 72 quarter units of instruction. This instruction
shall include no less than 12 semester units or 18 quarter units of
coursework in the areas of marriage, family, and child counseling,
and marital and family systems approaches to treatment. The
coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect on individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
(c) (1) In addition to the 12 semester or 18 quarter units of
coursework specified in subdivision (b), the doctor's or master's
degree program shall contain not less than six semester or nine
quarter units of supervised practicum in applied psychotherapeutic
technique, assessments, diagnosis, prognosis, and treatment of
premarital, couple, family, and child relationships, including
dysfunctions, healthy functioning, health promotion, and illness
prevention, in a supervised clinical placement that provides
supervised fieldwork experience within the scope of practice of a
marriage and family therapist.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(d) As an alternative to meeting the qualifications specified in
subdivision (b), the board shall accept as equivalent degrees those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(e) In order to provide an integrated course of study and
appropriate professional training, while allowing for innovation and
individuality in the education of marriage and family therapists, a
degree program that meets the educational qualifications for
licensure or registration under this section shall do all of the
following:
(1) Provide an integrated course of study that trains students
generally in the diagnosis, assessment, prognosis, and treatment of
mental disorders.
(2) Prepare students to be familiar with the broad range of
matters that may arise within marriage and family relationships.
(3) Train students specifically in the application of marriage and
family relationship counseling principles and methods.
(4) Encourage students to develop those personal qualities that
are intimately related to the counseling situation such as integrity,
sensitivity, flexibility, insight, compassion, and personal
presence.
(5) Teach students a variety of effective psychotherapeutic
techniques and modalities that may be utilized to improve, restore,
or maintain healthy individual, couple, and family relationships.
(6) Permit an emphasis or specialization that may
address any one or more of the unique and complex array of human
problems, symptoms, and needs of Californians served by marriage and
family therapists.
(7) Prepare students to be familiar with cross-cultural mores and
values, including a familiarity with the wide range of racial and
ethnic backgrounds common among California's population, including,
but not limited to, Blacks, Hispanics, Asians, and Native Americans.
(f) Educational institutions are encouraged to design the
practicum required by this section to include marriage and family
therapy experience in low-income and multicultural mental health
settings.
(g) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 7. Section 4980.38 of the Business and Professions Code is
amended to read:
4980.38. (a) Each educational institution preparing applicants to
qualify for registration or licensure shall notify each of its
students by means of its public documents or otherwise in writing
that its degree program is designed to meet the requirements of
Section 4980.36 or 4980.37, and shall certify to the board that it
has so notified its students.
(b) An applicant for registration or licensure shall submit to the
board a certification by the applicant's educational institution
that the institution's required curriculum for graduation and any
associated coursework completed by the applicant does one of the
following:
(1) Meets all of the requirements set forth in Section 4980.36.
(2) Meets all of the requirements set forth in Section 4980.37 and
paragraphs (4) and (5) of subdivision (a) of Section 4980.41.
SEC. 8. Section 4980.39 of the Business and Professions Code is
amended to read:
4980.39. (a) An applicant for licensure whose education qualifies
him or her under Section 4980.37 shall complete, as a condition of
licensure, a minimum of 10 contact hours of coursework in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
(c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
(d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.
(e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 9. Section 4980.40 of the Business and Professions Code is
amended to read:
4980.40. To qualify for a license, an applicant shall have all of
the following qualifications:
(a) Meet the educational requirements of Section 4980.36 or both
Sections 4980.37 and 4980.41, as applicable.
(b) Be at least 18 years of age.
(c) Have at least two years of experience that meet the
requirements of Section 4980.43.
(d) Pass a board administered written or oral examination or both
types of examinations, except that an applicant who passed a written
examination and who has not taken and passed an oral examination
shall instead be required to take and pass a clinical vignette
written examination.
(e) Not have committed acts or crimes constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of a
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
SEC. 10. Section 4980.41 of the Business and Professions Code is
amended to read:
4980.41. (a) An applicant for licensure whose education qualifies
him or her under Section 4980.37 shall complete the following
coursework or training in order to be eligible to sit for the
licensing examinations as specified in subdivision (d) of Section
4980.40:
(1) A two semester or three quarter unit course in California law
and professional ethics for marriage and family therapists, which
shall include, but not be limited to, the following areas of study:
(A) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the profession's scope of
practice.
(B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including family law.
(C) The current legal patterns and trends in the mental health
profession.
(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 his or her
professional behavior and ethics.
This course may be considered as part of the 48 semester or 72
quarter unit requirements contained in Section 4980.37.
(2) 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 thereunder.
(3) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder. When coursework in a master's or doctor's
degree program is acquired to satisfy this requirement, it shall be
considered as part of the 48 semester or 72 quarter unit requirement
contained in Section 4980.37.
(4) For persons who began graduate study on or after January 1,
1986, a master's or doctor's degree qualifying for licensure shall
include specific instruction in alcoholism and other chemical
substance dependency as specified by regulation. When coursework in a
master's or doctor's degree program is acquired to satisfy this
requirement, it shall be considered as part of the 48 semester or 72
quarter unit requirement contained in Section 4980.37.
(5) For persons who began graduate study during the period
commencing on January 1, 1995, and ending on December 31, 2003, a
master's or doctor's degree qualifying for licensure shall include
coursework in spousal or partner abuse assessment, detection, and
intervention. For persons who began graduate study on or after
January 1, 2004, a master's or doctor's degree qualifying for
licensure shall include a minimum of 15 contact hours of coursework
in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. Coursework required under
this paragraph may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
The requirement for coursework shall be satisfied by, and the board
shall accept in satisfaction of the requirement, a certification from
the chief academic officer of the educational institution from which
the applicant graduated that the required coursework is included
within the institution's required curriculum for graduation.
(6) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychological testing. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.
(7) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychopharmacology. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.
(8) The requirements added by paragraphs (6) and (7) are intended
to improve the educational qualifications for licensure in order to
better prepare future licentiates for practice and are not intended
in any way to expand or restrict the scope of practice for marriage
and family therapists.
(b) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 11. Section 4980.43 of the Business and Professions Code is
amended to read:
4980.43. (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
(1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or doctor's
degree.
(4) Not more than 1,300 hours of supervised experience obtained
prior to completing a master's or doctor's degree.
The applicant shall not be credited with more than 750 hours of
counseling and direct supervisor contact prior to completing the
master's or doctor's degree.
(5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
(6) No hours of experience gained more than six years prior to the
date the application for examination eligibility was filed, except
that up to 500 hours of clinical experience gained in the supervised
practicum required by subdivision (c) of Section 4980.37 and
subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 shall be exempt from this six-year requirement.
(7) Not more than a combined total of 1,250 hours of experience in
the following:
(A) Direct supervisor contact.
(B) Professional enrichment activities. For purposes of this
chapter, "professional enrichment activities" include the following:
(i) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor. An
applicant shall have no more than 250 hours of verified attendance at
these workshops, seminars, training sessions, or conferences.
(ii) Participation by the applicant in personal psychotherapy,
which includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional. An applicant
shall have no more than 100 hours of participation in personal
psychotherapy. The applicant shall be credited with three hours of
experience for each hour of personal psychotherapy.
(C) Client centered advocacy.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) Not more than 250 hours of experience administering and
evaluating psychological tests, writing clinical reports, writing
progress notes, or writing process notes.
(10) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children. For the first 150 hours of
treating couples and families in conjoint therapy, the applicant
shall be credited with two hours of experience for each hour of
therapy provided.
(11) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telemedicine in accordance with Section 2290.5.
(b) 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 interns and trainees either 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 interns or trainees 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.
(c) 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.
(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 five 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.
(d) (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 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.
(e) (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 (d), 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 the requirements of 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.
(f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all
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 doctor's degree
and is thereafter granted the intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(i) 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. 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.
(j) 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 an employee
and not an independent contractor. 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.
(k) 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. 12. Section 4980.44 of the Business and Professions Code is
amended to read:
4980.44. An unlicensed marriage and family therapist intern
employed under this chapter shall comply with the following
requirements:
(a) Possess, at a minimum, a master's degree as specified in
Section 4980.36 or 4980.37, as applicable.
(b) Register with the board prior to performing any duties, except
as otherwise provided in subdivision (e) of Section 4980.43.
(c) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, or a licensed
physician and surgeon certified in psychiatry by the American Board
of Psychiatry and Neurology.
SEC. 13. Section 4980.50 of the Business and Professions Code is
amended to read:
4980.50. (a) Every applicant who meets the educational and
experience requirements and applies for a license as a marriage and
family therapist shall be examined by the board. The examinations
shall be as set forth in subdivision (d) of Section 4980.40. The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine. The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
(b) The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
(c) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
(d) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
(e) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaints against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Sections 11503 and 11504 of the Government
Code, respectively, or the applicant has been denied in accordance
with subdivision (b) of Section 485.
(f) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
(h) An applicant who has qualified pursuant to this chapter shall
be issued a license as a marriage and family therapist in the form
that the board may deem appropriate.
SEC. 14. Section 4980.54 of the Business and Professions Code is
amended to read:
4980.54. (a) The Legislature recognizes that the education and
experience requirements in this chapter constitute only minimal
requirements to assure that an applicant is prepared and qualified to
take the licensure examinations as specified in subdivision (d) of
Section 4980.40 and, if he or she passes those examinations, to begin
practice.
(b) In order to continuously improve the competence of licensed
marriage and family therapists and as a model for all
psychotherapeutic professions, the Legislature encourages all
licensees to regularly engage in continuing education related to the
profession or scope of practice as defined in this chapter.
(c) Except as provided in subdivision (e), the board shall not
renew any license pursuant to this chapter unless the applicant
certifies to the board, on a form prescribed by the board, that he or
she has completed not less than 36 hours of approved continuing
education in or relevant to the field of marriage and family therapy
in the preceding two years, as determined by the board.
(d) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as defined by
the board.
(f) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school or state-approved school that meets the
requirements set forth in Section 4980.36 or 4980.37. Nothing in this
paragraph shall be construed as requiring coursework to be offered
as part of a regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional marriage and family therapist association,
a licensed health facility, a governmental entity, a continuing
education unit of an accredited four-year institution of higher
learning, or a mental health professional association, approved by
the board.
(g) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (f), shall adhere to procedures established by
the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
(h) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage
and family therapy in which significant recent developments have
occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of marriage and family therapy.
(i) A system of continuing education for licensed marriage and
family therapists shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (f)
shall be deemed to be an approved provider.
(k) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 15. Section 4980.72 is added to the Business and Professions
Code, to read:
4980.72. (a) This section applies to persons who are licensed
outside of California and apply for licensure on or after January 1,
2014.
(b) 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 valid license issued by a board of marriage counselor
examiners, board of marriage and family therapists, or corresponding
authority, of any state or country, if all of the following
conditions are satisfied:
(1) The applicant's education is substantially equivalent, as
defined in Section 4980.78. The applicant's degree title need not be
identical to that required by Section 4980.36 or 4980.37.
(2) The applicant complies with Section 4980.76, if applicable.
(3) The applicant's supervised experience is substantially
equivalent to that required for a license under this chapter. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the date
the applicant initially obtained the license described above.
(4) The applicant passes the examinations required to obtain a
license under this chapter.
SEC. 16. Section 4980.74 is added to the Business and Professions
Code, to read:
4980.74. (a) This section applies to persons who apply for
licensure or registration on or after January 1, 2014, and who do not
hold a license as described in Section 4980.72.
(b) The board shall accept education gained while residing outside
of California 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 that required by this
chapter.
SEC. 17. Section 4980.76 is added to the Business and Professions
Code, to read:
4980.76. An applicant for licensure or registration with a degree
obtained from an educational institution outside the United States
shall provide the board with a comprehensive evaluation of the degree
performed by a foreign credential evaluation service that is a
member of the National Association of Credential Evaluation Services
(NACES), and shall provide any other documentation the board deems
necessary.
SEC. 18. Section 4980.78 is added to the Business and Professions
Code, to read:
4980.78. (a) This section applies to persons who apply for
licensure or registration on or after January 1, 2014.
(b) For purposes of Sections 4980.72 and 4980.74, education is
substantially equivalent if all of the following requirements are
met:
(1) The degree is obtained from a school, college, or university
accredited by an accrediting agency recognized by the United States
Department of Education and consists of, at a minimum, 48 semester or
72 quarter units, including, but not limited to, both of the
following:
(A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling.
(B) Twelve semester 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 completes any units and course content
requirements under subdivision (d) of Section 4980.36 not already
completed in his or her education.
(3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.
(B) An understanding of various California cultures and the social
and psychological implications of socioeconomic position.
(C) Structured meeting with various consumers and family members
of consumers of mental health services to enhance understanding of
their experience of mental illness, treatment, and recovery.
(D) Instruction in addiction and co-occurring substance abuse and
mental health disorders, as specified in subparagraph (I) of
paragraph (2) of subdivision (d) of Section 4980.36.
(4) The applicant completes a 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, the Health Insurance Portability and Accountability Act,
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, differences
in legal and ethical standards in different types of work settings,
and licensing law and licensing process.
(5) The applicant's degree title need not be identical to that
required by subdivision (b) of Section 4980.36.
SEC. 19. Section 4980.80 of the Business and Professions Code is
amended to read:
4980.80. (a) This section applies to persons who apply for
licensure between January 1, 2010, and December 31, 2013, inclusive.
(b) The board may issue a license to a person who, at the time of
application, has held for at least two years a valid license issued
by a board of marriage counselor examiners, marriage therapist
examiners, or corresponding authority of any state, if the education
and supervised experience requirements are substantially the
equivalent of this chapter, the person complies with Section 4980.76,
if applicable, and the person successfully completes the board
administered licensing examinations as specified by subdivision (d)
of Section 4980.40 and pays the fees specified. Issuance of the
license is further conditioned upon the person's completion of the
following coursework or training:
(1) (A) An applicant who completed a two semester or three quarter
unit course in law and professional ethics for marriage and family
therapists that included areas of study as specified in Section
4980.41 as part of his or her qualifying degree shall complete an
18-hour course in California law and professional ethics that
includes, but is not limited to, the following subjects: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, requirements of
the Health Insurance Portability and Accountability Act of 1996, 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, and therapist disclosures to patients.
(B) An applicant who has not completed a two semester or three
quarter unit course in law and professional ethics for marriage and
family therapists that included areas of study as specified in
Section 4980.41 as part of his or her qualifying degree, shall
complete a two semester or three quarter unit course in California
law and professional ethics that includes, at minimum, the areas of
study specified in Section 4980.41.
(2) 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 thereunder.
(3) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
(4) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(5) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(B) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(6) A minimum of a two semester or three quarter unit survey
course in psychological testing. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(7) A minimum of a two semester or three quarter unit survey
course in psychopharmacology. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(8) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 20. Section 4980.90 of the Business and Professions Code is
amended to read:
4980.90. (a) This section applies to persons who apply for
licensure between January 1, 2010, and December 31, 2013, inclusive.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4980.76, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board. The
board shall consider hours of experience obtained in another state
during the six-year period immediately preceding the applicant's
initial licensure by that state as a marriage and family therapist.
(c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed all of the following:
(1) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors
that shall include areas of study as specified in Section 4980.41.
(2) 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 thereunder.
(3) A minimum of 10 contact hours of training or coursework in
sexuality as specified in Section 25 and any regulations promulgated
thereunder.
(4) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(5) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
(B) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(6) A minimum of a two semester or three quarter unit survey
course in psychological testing. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(7) A minimum of a two semester or three quarter unit survey
course in psychopharmacology. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(8) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
(d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant meets both of the following requirements:
(1) The applicant has been granted a degree in a single integrated
program primarily designed to train marriage and family therapists.
(2) The applicant's education meets the requirements of Section
4980.37. The degree title need not be identical to that required by
subdivision (b) of Section 4980.37. If the applicant's degree does
not contain the content or the overall units required by Section
4980.37, the board may, in its discretion, accept the applicant's
education as substantially equivalent if the following criteria are
satisfied:
(A) The applicant's degree contains the required number of
practicum units and coursework required in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment as specified in Section 4980.37.
(B) The applicant remediates his or her specific deficiency by
completing the course content and the units required by Section
4980.37.
(C) The applicant's degree otherwise complies with this section.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 21. Section 1010 of the Evidence Code is amended to read:
1010. As used in this article, "psychotherapist" means a person
who is, or is reasonably believed by the patient to be:
(a) A person authorized to practice medicine in any state or
nation who devotes, or is reasonably believed by the patient to
devote, a substantial portion of his or her time to the practice of
psychiatry.
(b) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(c) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, when he or she is engaged in applied
psychotherapy of a nonmedical nature.
(d) A person who is serving as a school psychologist and holds a
credential authorizing that service issued by the state.
(e) A person licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(f) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code, or a person registered as a marriage and family
therapist intern who is under the supervision of a licensed marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
(g) A person registered as an associate clinical social worker who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist as required
by Section 4996.20 or 4996.21 of the Business and Professions Code.
(h) A person exempt from the Psychology Licensing Law pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code
who is under the supervision of a licensed psychologist or board
certified psychiatrist.
(i) A psychological intern as defined in Section 2911 of the
Business and Professions Code who is under the supervision of a
licensed psychologist or board certified psychiatrist.
(j) A trainee, as defined in subdivision (c) of Section 4980.03 of
the Business and Professions Code, who is fulfilling his or her
supervised practicum required by subparagraph (B) of paragraph (1) of
subdivision (d) of Section 4980.36 of, or subdivision (c) of Section
4980.37 of, the Business and Professions Code and is supervised by a
licensed psychologist, board certified psychiatrist, a licensed
clinical social worker, or a licensed marriage and family therapist.
(k) A person licensed as a registered nurse pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, who possesses a master's degree in
psychiatric-mental health nursing and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing.
( l ) An advanced practice registered nurse who is
certified as a clinical nurse specialist pursuant to Article 9
(commencing with Section 2838) of Chapter 6 of Division 2 of the
Business and Professions Code and who participates in expert clinical
practice in the specialty of psychiatric-mental health nursing.
(m) A person rendering mental health treatment or counseling
services as authorized pursuant to Section 6924 of the Family Code.
SEC. 22. Section 6924 of the Family Code is amended to read:
6924. (a) As used in this section:
(1) "Mental health treatment or counseling services" means the
provision of mental health treatment or counseling on an outpatient
basis by any of the following:
(A) A governmental agency.
(B) A person or agency having a contract with a governmental
agency to provide the services.
(C) An agency that receives funding from community united funds.
(D) A runaway house or crisis resolution center.
(E) A professional person, as defined in paragraph (2).
(2) "Professional person" means any of the following:
(A) A person designated as a mental health professional in
Sections 622 to 626, inclusive, of Article 8 of Subchapter 3 of
Chapter 1 of Title 9 of the California Code of Regulations.
(B) A marriage and family therapist as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
(C) A licensed educational psychologist as defined in Article 5
(commencing with Section 4986) of Chapter 13 of Division 2 of the
Business and Professions Code.
(D) A credentialed school psychologist as described in Section
49424 of the Education Code.
(E) A clinical psychologist as defined in Section 1316.5 of the
Health and Safety Code.
(F) The chief administrator of an agency referred to in paragraph
(1) or (3).
(G) A marriage and family therapist registered intern, as defined
in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, while working under the supervision of
a licensed professional specified in subdivision (g) of Section
4980.03 of the Business and Professions Code.
(3) "Residential shelter services" means any of the following:
(A) The provision of residential and other support services to
minors on a temporary or emergency basis in a facility that services
only minors by a governmental agency, a person or agency having a
contract with a governmental agency to provide these services, an
agency that receives funding from community funds, or a licensed
community care facility or crisis resolution center.
(B) The provision of other support services on a temporary or
emergency basis by any professional person as defined in paragraph
(2).
(b) A minor who is 12 years of age or older may consent to mental
health treatment or counseling on an outpatient basis, or to
residential shelter services, if both of the following requirements
are satisfied:
(1) The minor, in the opinion of the attending professional
person, is mature enough to participate intelligently in the
outpatient services or residential shelter services.
(2) The minor (A) would present a danger of serious physical or
mental harm to self or to others without the mental health treatment
or counseling or residential shelter services, or (B) is the alleged
victim of incest or child abuse.
(c) A professional person offering residential shelter services,
whether as an individual or as a representative of an entity
specified in paragraph (3) of subdivision (a), shall make his or her
best efforts to notify the parent or guardian of the provision of
services.
(d) The mental health treatment or counseling of a minor
authorized by this section shall include involvement of the minor's
parent or guardian unless, in the opinion of the professional person
who is treating or counseling the minor, the involvement would be
inappropriate. The professional person who is treating or counseling
the minor shall state in the client record whether and when the
person attempted to contact the minor's parent or guardian, and
whether the attempt to contact was successful or unsuccessful, or the
reason why, in the professional person's opinion, it would be
inappropriate to contact the minor's parent or guardian.
(e) The minor's parents or guardian are not liable for payment for
mental health treatment or counseling services provided pursuant to
this section unless the parent or guardian participates in the mental
health treatment or counseling, and then only for services rendered
with the participation of the parent or guardian. The minor's parents
or guardian are not liable for payment for any residential shelter
services provided pursuant to this section unless the parent or
guardian consented to the provision of those services.
(f) This section does not authorize a minor to receive convulsive
therapy or psychosurgery as defined in subdivisions (f) and (g) of
Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor's parent or guardian.
SEC. 23. Section 6929 of the Family Code is amended to read:
6929. (a) As used in this section:
(1) "Counseling" means the provision of counseling services by a
provider under a contract with the state or a county to provide
alcohol or drug abuse counseling services pursuant to Part 2
(commencing with Section 5600) of Division 5 of the Welfare and
Institutions Code or pursuant to Division 10.5 (commencing with
Section 11750) of the Health and Safety Code.
(2) "Drug or alcohol" includes, but is not limited to, any
substance listed in any of the following:
(A) Section 380 or 381 of the Penal Code.
(B) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
(C) Subdivision (f) of Section 647 of the Penal Code.
(3) "LAAM" means levoalphacetylmethadol as specified in paragraph
(10) of subdivision (c) of Section 11055 of the Health and Safety
Code.
(4) "Professional person" means a physician and surgeon,
registered nurse, psychologist, clinical social worker, marriage and
family therapist, marriage and family therapist registered intern
when appropriately employed and supervised pursuant to Section
4980.43 of the Business and Professions Code, psychological assistant
when appropriately employed and supervised pursuant to Section 2913
of the Business and Professions Code, or associate clinical social
worker when appropriately employed and supervised pursuant to Section
4996.18 of the Business and Professions Code.
(b) A minor who is 12 years of age or older may consent to medical
care and counseling relating to the diagnosis and treatment of a
drug- or alcohol-related problem.
(c) The treatment plan of a minor authorized by this section shall
include the involvement of the minor's parent or guardian, if
appropriate, as determined by the professional person or treatment
facility treating the minor. The professional person providing
medical care or counseling to a minor shall state in the minor's
treatment record whether and when the professional person attempted
to contact the minor's parent or guardian, and whether the attempt to
contact the parent or guardian was successful or unsuccessful, or
the reason why, in the opinion of the professional person, it would
not be appropriate to contact the minor's parent or guardian.
(d) The minor's parent or guardian is not liable for payment for
any care provided to a minor pursuant to this section, except that if
the minor's parent or guardian participates in a counseling program
pursuant to this section, the parent or guardian is liable for the
cost of the services provided to the minor and the parent or
guardian.
(e) This section does not authorize a minor to receive replacement
narcotic abuse treatment, in a program licensed pursuant to Article
3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division
10.5 of the Health and Safety Code, without the consent of the minor'
s parent or guardian.
(f) It is the intent of the Legislature that the state shall
respect the right of a parent or legal guardian to seek medical care
and counseling for a drug- or alcohol-related problem of a minor
child when the child does not consent to the medical care and
counseling, and nothing in this section shall be construed to
restrict or eliminate this right.
(g) Notwithstanding any other provision of law, in cases where a
parent or legal guardian has sought the medical care and counseling
for a drug- or alcohol-related problem of a minor child, the
physician shall disclose medical information concerning the care to
the minor's parent or legal guardian upon his or her request, even if
the minor child does not consent to disclosure, without liability
for the disclosure.
SEC. 24. Section 1277 of the Health and Safety Code is
amended to read:
1277. (a) No license shall be issued by the state department
unless it finds that the premises, the management, the bylaws, rules
and regulations, the equipment, the staffing, both professional and
nonprofessional, and the standards of care and services are adequate
and appropriate, and that the health facility is operated in the
manner required by this chapter and by the rules and regulations
adopted hereunder.
(b) Notwithstanding any provision of Part 2 (commencing with
Section 5600) of Division 5 of, or Division 7 (commencing with
Section 7100) of, the Welfare and Institutions Code or any other law
to the contrary, except Sections 2072 and 2073 of the Business and
Professions Code, the licensure requirements for professional
personnel, including, but not limited to, physicians and surgeons,
dentists, podiatrists, psychologists, marriage and family therapists,
pharmacists, registered nurses, and clinical social workers in the
state and other governmental health facilities licensed by the state
department shall not be less than for those professional personnel in
health facilities under private ownership. Persons employed as
psychologists and clinical social workers, while continuing in their
employment in the same class as of January 1, 1979, in the same state
or other governmental health facility licensed by the state
department, including those persons on authorized leave, but not
including intermittent personnel, shall be exempt from the
requirements of this subdivision. Additionally, the requirements of
this subdivision may be waived by the state department solely for
persons in the professions of psychology, marriage and family therapy
or clinical social work who are gaining qualifying experience for
licensure in such profession in this state. A waiver granted pursuant
to this subdivision shall not exceed three years from the date the
employment commences in this state in the case of psychologists, or
four years from commencement of the employment in this state in the
case of marriage and family therapists and clinical social workers,
at which time licensure shall have been obtained or the employment
shall be terminated except that an extension of a waiver of licensure
for marriage and family therapists and clinical social workers may
be granted for one additional year, based on extenuating
circumstances determined by the department pursuant to subdivision
(e). For persons employed as psychologists, clinical social workers,
or marriage and family therapists less than full time, an extension
of a waiver of licensure may be granted for additional years
proportional to the extent of part-time employment, as long as the
person is employed without interruption in service, but in no case
shall the waiver of licensure exceed six years in the case of
clinical social workers and marriage and family therapists or five
years in the case of psychologists. However, this durational
limitation upon waivers shall not apply to active candidates for a
doctoral degree in social work, social welfare, or social science,
who are enrolled at an accredited university, college, or
professional school, but these limitations shall apply following
completion of this training. Additionally, this durational limitation
upon waivers shall not apply to active candidates for a doctoral
degree in marriage and family therapy who are enrolled at a school,
college, or university, specified in subdivision (b) of Section
4980.36 of, or subdivision (b) of Section 4980.37 of, the Business
and Professions Code, but the limitations shall apply following
completion of the training. A waiver pursuant to this subdivision
shall be granted only to the extent necessary to qualify for
licensure, except that personnel recruited for employment from
outside this state and whose experience is sufficient to gain
admission to a licensing examination shall nevertheless have one year
from the date of their employment in California to become licensed,
at which time licensure shall have been obtained or the employment
shall be terminated, provided that the employee shall take the
licensure examination at the earliest possible date after the date of
his or her employment, and if the employee does not pass the
examination at that time, he or she shall have a second opportunity
to pass the next possible examination, subject to the one-year limit
for marriage and family therapists and clinical social workers, and
subject to a two-year limit for psychologists.
(c) A special permit shall be issued by the state department when
it finds that the staff, both professional and nonprofessional, and
the standards of care and services are adequate and appropriate, and
that the special services unit is operated in the manner required in
this chapter and by the rules and regulations adopted hereunder.
(d) The state department shall apply the same standards to state
and other governmental health facilities that it licenses as it
applies to health facilities in private ownership, including
standards specifying the level of training and supervision of all
unlicensed practitioners. Except for psychologists, the department
may grant an extension of a waiver of licensure for personnel
recruited from outside this state for one additional year, based upon
extenuating circumstances as determined by the department pursuant
to subdivision (e).
(e) The department shall grant a request for an extension of a
waiver based on extenuating circumstances, pursuant to subdivisions
(b) and (d), if any of the following circumstances exist:
(1) The person requesting the extension has experienced a recent
catastrophic event which may impair the person's ability to qualify
for and pass the license examination. Those events may include, but
are not limited to, significant hardship caused by a natural
disaster, serious and prolonged illness of the person, serious and
prolonged illness or death of a child, spouse, or parent, or other
stressful circumstances.
(2) The person requesting the extension has difficulty speaking
or writing the English language, or other cultural and ethnic factors
exist which substantially impair the person's ability to qualify for
and pass the license examination.
(3) The person requesting the extension has experienced other
personal hardship which the department, in its discretion, determines
to warrant the extension.
SEC. 25. Section 123115 of the Health and Safety Code is amended
to read:
123115. (a) The representative of a minor shall not be entitled
to inspect or obtain copies of the minor's patient records in either
of the following circumstances:
(1) With respect to which the minor has a right of inspection
under Section 123110.
(2) Where the health care provider determines that access to the
patient records requested by the representative would have a
detrimental effect on the provider's professional relationship with
the minor patient or the minor's physical safety or psychological
well-being. The decision of the health care provider as to whether or
not a minor's records are available for inspection or copying under
this section shall not attach any liability to the provider, unless
the decision is found to be in bad faith.
(b) When a health care provider determines there is a substantial
risk of significant adverse or detrimental consequences to a patient
in seeing or receiving a copy of mental health records requested by
the patient, the provider may decline to permit inspection or provide
copies of the records to the patient, subject to the following
conditions:
(1) The health care provider shall make a written record, to be
included with the mental health records requested, noting the date of
the request and explaining the health care provider's reason for
refusing to permit inspection or provide copies of the records,
including a description of the specific adverse or detrimental
consequences to the patient that the provider anticipates would occur
if inspection or copying were permitted.
(2) The health care provider shall permit inspection by, or
provide copies of the mental health records to, a licensed physician
and surgeon, licensed psychologist, licensed marriage and family
therapist, or licensed clinical social worker, designated by request
of the patient. Any marriage and family therapist registered intern,
as defined in Chapter 13 (commencing with Section 4980) of Division 2
of the Business and Professions Code, may not inspect the patient's
mental health records or obtain copies thereof, except pursuant to
the direction or supervision of a licensed professional specified in
subdivision (g) of Section 4980.03 of the Business and Professions
Code. Prior to providing copies of mental health records to a
marriage and family therapist registered intern, a receipt for those
records shall be signed by the supervising licensed professional. The
licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, licensed clinical social worker, or
marriage and family therapist registered intern to whom the records
are provided for inspection or copying shall not permit inspection or
copying by the patient.
(3) The health care provider shall inform the patient of the
provider's refusal to permit him or her to inspect or obtain copies
of the requested records, and inform the patient of the right to
require the provider to permit inspection by, or provide copies to, a
licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, or licensed clinical social worker,
designated by written authorization of the patient.
(4) The health care provider shall indicate in the mental health
records of the patient whether the request was made under paragraph
(2).
