BILL NUMBER: SB 363CHAPTERED BILL TEXT CHAPTER 384 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2011 APPROVED BY GOVERNOR SEPTEMBER 30, 2011 PASSED THE SENATE SEPTEMBER 8, 2011 PASSED THE ASSEMBLY SEPTEMBER 6, 2011 AMENDED IN ASSEMBLY SEPTEMBER 1, 2011 AMENDED IN SENATE APRIL 25, 2011 AMENDED IN SENATE MARCH 21, 2011 INTRODUCED BY Senator Emmerson FEBRUARY 15, 2011 An act to amend Sections 4980.01, 4980.03, 4980.36, 4980.42, and 4980.43 of the Business and Professions Code, relating to marriage and family therapists. LEGISLATIVE COUNSEL'S DIGEST SB 363, Emmerson. Marriage and family therapists. Existing law provides for the licensing and regulation of marriage and family therapists by the Board of Behavioral Sciences. Existing law specifies the education required for licensure, which includes a requirement for a practicum that involves direct client contact and hours of experience relating to client centered advocacy, as defined. Existing law authorizes trainees to perform activities and services in certain work settings provided that these constitute part of the trainee's supervised course of study and the person is designated as a trainee. Existing law also authorizes trainees to gain hours of experience outside the required practicum under certain conditions, but requires trainees who gain experience outside the required practicum to be enrolled in a practicum in order to counsel clients. This bill would provide that trainees may also counsel clients while not enrolled in a practicum if the period of lapsed enrollment is less than 90 calendar days, and if that period is immediately preceded and immediately followed by enrollment in a practicum course. The bill would reduce the maximum number of hours that may be gained by engaging in client centered advocacy, as specified. Existing law requires an applicant for licensure as a marriage and family therapist to complete a specified number of hours of supervised experience. For those purposes, existing law requires the supervision of a marriage and family therapy intern or trainee by a supervisor, defined as, among other things, a person who has been licensed for at least 2 years as a marriage and family therapist, licensed clinical social worker, licensed psychologist, or licensed physician certified in psychiatry. This bill would authorize a licensed professional clinical counselor to act as a supervisor of a marriage and family therapy intern or trainee if he or she meets additional training and education requirements, as specified. This bill would incorporate changes to Sections 4980.36 and 4980.42 of the Business and Professions Code proposed by SB 943 and this bill if SB 943 is also enacted and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4980.01 of the Business and Professions Code is amended to read: 4980.01. (a) Nothing in this chapter shall be construed to constrict, limit, or withdraw the Medical Practice Act, the Social Work Licensing Law, the Nursing Practice Act, the Licensed Professional Clinical Counselor Act, or the Psychology Licensing Act. (b) This chapter shall not apply to any priest, rabbi, or minister of the gospel of any religious denomination when performing counseling services as part of his or her pastoral or professional duties, or to any person who is admitted to practice law in the state, or who is licensed to practice medicine, when providing counseling services as part of his or her professional practice. (c) (1) This chapter shall not apply to an employee working in any of the following settings if his or her work is performed solely under the supervision of the employer: (A) A governmental entity. (B) A school, college, or university. (C) An institution that is both nonprofit and charitable. (2) This chapter shall not apply to a volunteer working in any of the settings described in paragraph (1) if his or her work is performed solely under the supervision of the entity, school, or institution. (d) A marriage and family therapist licensed under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a health care practitioner subject to the provisions of Section 2290.5 pursuant to subdivision (b) of that section. (e) Notwithstanding subdivisions (b) and (c), all persons registered as interns or licensed under this chapter shall not be exempt from this chapter or the jurisdiction of the board. SEC. 2. Section 4980.03 of the Business and Professions Code is amended to read: 4980.03. (a) "Board," as used in this chapter, means the Board of Behavioral Sciences. (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 professional clinical counselor, licensed psychologist, or licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology. (2) If a licensed professional clinical counselor, the individual shall meet the additional training and education requirements specified in paragraph (3) of subdivision (a) of Section 4999.20. (3) Has not provided therapeutic services to the trainee or intern. (4) Has a current and valid license that is not under suspension or probation. (5) 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. 3. Section 4980.36 of the Business and Professions Code is amended 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, except as specified in subdivision (c) of Section 4980.42. (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. 3.5. Section 4980.36 of the Business and Professions Code is amended 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, couple 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 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 150 hours of face-to-face experience counseling individuals, couples, families, or groups. (iii) A student must be enrolled in a practicum course while counseling clients, except as specified in subdivision (c) of Section 4980.42. (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. (vi) In addition to the 150 hours required in clause (ii), 75 hours of either of the following: (I) Client-centered advocacy, as defined in Section 4980.03. (II) Face-to-face experience counseling individuals, couples, families, or groups. (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. 4. Section 4980.42 of the Business and Professions Code is amended to read: 4980.42. (a) Trainees performing services in any work setting specified in subdivision (e) of Section 4980.43 may perform those activities and services as a trainee, provided that the activities and services constitute part of the trainee's supervised course of study and that the person is designated by the title "trainee." (b) Trainees may gain hours of experience outside the required practicum but must be enrolled in a practicum course to counsel clients, as set forth in clause (iii) of subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36, except as provided in subdivision (c). (c) Trainees may counsel clients while not enrolled in a practicum course if the period of lapsed enrollment is less than 90 calendar days, and if that period is immediately preceded and immediately followed by enrollment in a practicum course. (d) All hours of experience gained pursuant to subdivisions (b) and (c) shall be subject to the requirements of subdivision (b) and to the other requirements of this chapter. (e) On and after January 1, 1995, all hours of experience gained as a trainee shall be coordinated between the school and the site where the hours are being accrued. The school shall approve each site and shall have a written agreement with each site that details each party's responsibilities, including the methods by which supervision shall be provided. The agreement shall provide for regular progress reports and evaluations of the student's performance at the site. If an applicant has gained hours of experience while enrolled in an institution other than the one that confers the qualifying degree, it shall be the applicant's responsibility to provide to the board satisfactory evidence that those hours of trainee experience were gained in compliance with this section. SEC. 4.5. Section 4980.42 of the Business and Professions Code is amended to read: 4980.42. (a) Trainees performing services in any work setting specified in subdivision (d) of Section 4980.43 may perform those activities and services as a trainee, provided that the activities and services constitute part of the trainee's supervised course of study and that the person is designated by the title "trainee." (b) Trainees may gain hours of experience outside the required practicum but must be enrolled in a practicum course to counsel clients, as set forth in clause (iii) of subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36, except as provided in subdivision (c). (c) Trainees may counsel clients while not enrolled in a practicum course if the period of lapsed enrollment is less than 90 calendar days, and if that period is immediately preceded and immediately followed by enrollment in a practicum course. (d) All hours of experience gained pursuant to subdivisions (b) and (c) shall be subject to the requirements of subdivision (b) and to the other requirements of this chapter. (e) On and after January 1, 1995, all hours of experience gained as a trainee shall be coordinated between the school and the site where the hours are being accrued. The school shall approve each site and shall have a written agreement with each site that details each party's responsibilities, including the methods by which supervision shall be provided. The agreement shall provide for regular progress reports and evaluations of the student's performance at the site. If an applicant has gained hours of experience while enrolled in an institution other than the one that confers the qualifying degree, it shall be the applicant's responsibility to provide to the board satisfactory evidence that those hours of trainee experience were gained in compliance with this section. SEC. 5. 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 doctoral degree. (4) Not more than 1,300 hours of supervised experience obtained prior to completing a master's or doctoral 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 doctoral 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 may be 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 1,000 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. (8) Not more than 500 hours of experience providing group therapy or group counseling. (9) For all hours gained on or after January 1, 2012, not more than 500 hours of experience in the following: (A) Experience administering and evaluating psychological tests, writing clinical reports, writing progress notes, or writing process notes. (B) Client centered advocacy. (10) Not less than 500 total hours of experience in diagnosing and treating couples, families, and children. For up to 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 telehealth in accordance with Section 2290.5. (12) It is anticipated and encouraged that hours of experience will include working with elders and dependent adults who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. This subdivision shall only apply to hours gained on and after January 1, 2010. (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 doctoral 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. 6. Section 3.5 of this bill incorporates amendments to Section 4980.36 of the Business and Professions Code proposed by both this bill and Senate Bill 943. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 4980.36 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 943, in which case Section 3 of this bill shall not become operative. SEC. 7. Section 4.5 of this bill incorporates amendments to Section 4980.42 of the Business and Professions Code proposed by both this bill and Senate Bill 943. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 4980.42 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 943, in which case Section 4 of this bill shall not become operative.