CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 775Introduced by Senator AshbyFebruary 21, 2025 An act to amend Sections 4980.03, 4989.49, 4992.2, and 4999.12 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 775, as introduced, Ashby. Board of Behavioral Sciences.Existing law establishes the Board of Behavioral Sciences in the Department of Consumer Affairs to regulate licensees under the Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law defines advertising in each of those acts. Existing law repeals the provision establishing the board on January 1, 2026, and thereby renders the board subject to review by the appropriate policy committees of the Legislature.This bill would make technical and other changes to those definitions and would state the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in the bill recommendations produced through that process.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in this bill recommendations produced through that process.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) Associate, as used in this chapter, means an unlicensed person who has earned a masters or doctoral degree qualifying the person for licensure and is registered with the board as an associate.(c) Trainee, as used in this chapter, means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(d) Applicant for licensure, as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Advertise, Advertising, 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 newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(f) Experience, as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.(g) Supervisor, as used in this chapter, means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(h) Client centered advocacy, as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.(i) Accredited, as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(j) Approved, as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.SEC. 3. Section 4989.49 of the Business and Professions Code is amended to read:4989.49. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.SEC. 4. Section 4992.2 of the Business and Professions Code is amended to read:4992.2. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.SEC. 5. Section 4999.12 of the Business and Professions Code is amended to read:4999.12. For purposes of this chapter, the following terms have the following meanings:(a) Board means the Board of Behavioral Sciences.(b) Accredited means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(c) Approved means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.(d) Applicant for licensure means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Licensed professional clinical counselor or LPCC means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.(f) Associate means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.(g) Clinical counselor trainee means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(h) Supervisor means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(i) Client centered advocacy 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.(j) Advertising or advertise includes, but is not limited to, Advertising, 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 newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(k) Referral means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.(l) Research means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.(m) Supervision means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.(2) Monitoring and evaluating the supervisees assessment, diagnosis, and treatment decisions and providing regular feedback.(3) Monitoring and evaluating the supervisees ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.(5) Ensuring the supervisees compliance with laws and regulations governing the practice of licensed professional clinical counseling.(6) Reviewing the supervisees progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.(7) With the clients written consent, providing direct observation or review of audio or video recordings of the supervisees counseling or therapy, as deemed appropriate by the supervisor.(n) Clinical setting means any setting that meets both of the following requirements:(1) Lawfully and regularly provides mental health counseling or psychotherapy.(2) Provides oversight to ensure that the associates work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 775Introduced by Senator AshbyFebruary 21, 2025 An act to amend Sections 4980.03, 4989.49, 4992.2, and 4999.12 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 775, as introduced, Ashby. Board of Behavioral Sciences.Existing law establishes the Board of Behavioral Sciences in the Department of Consumer Affairs to regulate licensees under the Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law defines advertising in each of those acts. Existing law repeals the provision establishing the board on January 1, 2026, and thereby renders the board subject to review by the appropriate policy committees of the Legislature.This bill would make technical and other changes to those definitions and would state the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in the bill recommendations produced through that process.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 775
Introduced by Senator AshbyFebruary 21, 2025
Introduced by Senator Ashby
February 21, 2025
An act to amend Sections 4980.03, 4989.49, 4992.2, and 4999.12 of the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 775, as introduced, Ashby. Board of Behavioral Sciences.
Existing law establishes the Board of Behavioral Sciences in the Department of Consumer Affairs to regulate licensees under the Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law defines advertising in each of those acts. Existing law repeals the provision establishing the board on January 1, 2026, and thereby renders the board subject to review by the appropriate policy committees of the Legislature.This bill would make technical and other changes to those definitions and would state the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in the bill recommendations produced through that process.
Existing law establishes the Board of Behavioral Sciences in the Department of Consumer Affairs to regulate licensees under the Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law defines advertising in each of those acts. Existing law repeals the provision establishing the board on January 1, 2026, and thereby renders the board subject to review by the appropriate policy committees of the Legislature.
This bill would make technical and other changes to those definitions and would state the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in the bill recommendations produced through that process.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in this bill recommendations produced through that process.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) Associate, as used in this chapter, means an unlicensed person who has earned a masters or doctoral degree qualifying the person for licensure and is registered with the board as an associate.(c) Trainee, as used in this chapter, means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(d) Applicant for licensure, as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Advertise, Advertising, 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 newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(f) Experience, as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.(g) Supervisor, as used in this chapter, means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(h) Client centered advocacy, as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.(i) Accredited, as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(j) Approved, as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.SEC. 3. Section 4989.49 of the Business and Professions Code is amended to read:4989.49. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.SEC. 4. Section 4992.2 of the Business and Professions Code is amended to read:4992.2. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.SEC. 5. Section 4999.12 of the Business and Professions Code is amended to read:4999.12. For purposes of this chapter, the following terms have the following meanings:(a) Board means the Board of Behavioral Sciences.(b) Accredited means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(c) Approved means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.(d) Applicant for licensure means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Licensed professional clinical counselor or LPCC means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.(f) Associate means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.(g) Clinical counselor trainee means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(h) Supervisor means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(i) Client centered advocacy 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.(j) Advertising or advertise includes, but is not limited to, Advertising, 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 newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(k) Referral means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.(l) Research means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.(m) Supervision means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.(2) Monitoring and evaluating the supervisees assessment, diagnosis, and treatment decisions and providing regular feedback.(3) Monitoring and evaluating the supervisees ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.(5) Ensuring the supervisees compliance with laws and regulations governing the practice of licensed professional clinical counseling.(6) Reviewing the supervisees progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.(7) With the clients written consent, providing direct observation or review of audio or video recordings of the supervisees counseling or therapy, as deemed appropriate by the supervisor.(n) Clinical setting means any setting that meets both of the following requirements:(1) Lawfully and regularly provides mental health counseling or psychotherapy.(2) Provides oversight to ensure that the associates work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in this bill recommendations produced through that process.
SECTION 1. It is the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in this bill recommendations produced through that process.
SECTION 1. It is the intent of the Legislature to evaluate the Board of Behavioral Sciences through the joint legislative sunset review oversight process and to subsequently include in this bill recommendations produced through that process.
### SECTION 1.
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) Associate, as used in this chapter, means an unlicensed person who has earned a masters or doctoral degree qualifying the person for licensure and is registered with the board as an associate.(c) Trainee, as used in this chapter, means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(d) Applicant for licensure, as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Advertise, Advertising, 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 newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(f) Experience, as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.(g) Supervisor, as used in this chapter, means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(h) Client centered advocacy, as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.(i) Accredited, as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(j) Approved, as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.
SEC. 2. Section 4980.03 of the Business and Professions Code is amended to read:
### SEC. 2.
4980.03. (a) Board, as used in this chapter, means the Board of Behavioral Sciences.(b) Associate, as used in this chapter, means an unlicensed person who has earned a masters or doctoral degree qualifying the person for licensure and is registered with the board as an associate.(c) Trainee, as used in this chapter, means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(d) Applicant for licensure, as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Advertise, Advertising, 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 newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(f) Experience, as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.(g) Supervisor, as used in this chapter, means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(h) Client centered advocacy, as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.(i) Accredited, as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(j) Approved, as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.
4980.03. (a) Board, as used in this chapter, means the Board of Behavioral Sciences.(b) Associate, as used in this chapter, means an unlicensed person who has earned a masters or doctoral degree qualifying the person for licensure and is registered with the board as an associate.(c) Trainee, as used in this chapter, means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(d) Applicant for licensure, as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Advertise, Advertising, 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 newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(f) Experience, as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.(g) Supervisor, as used in this chapter, means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(h) Client centered advocacy, as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.(i) Accredited, as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(j) Approved, as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.
4980.03. (a) Board, as used in this chapter, means the Board of Behavioral Sciences.(b) Associate, as used in this chapter, means an unlicensed person who has earned a masters or doctoral degree qualifying the person for licensure and is registered with the board as an associate.(c) Trainee, as used in this chapter, means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(d) Applicant for licensure, as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Advertise, Advertising, 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 newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(f) Experience, as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.(g) Supervisor, as used in this chapter, means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(h) Client centered advocacy, as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.(i) Accredited, as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(j) Approved, as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.
4980.03. (a) Board, as used in this chapter, means the Board of Behavioral Sciences.
(b) Associate, as used in this chapter, means an unlicensed person who has earned a masters or doctoral degree qualifying the person for licensure and is registered with the board as an associate.
(c) Trainee, as used in this chapter, means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Sections 4980.36 and 4980.37, that is designed to qualify the person for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.
(d) Applicant for licensure, as used in this chapter, means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.
(e) Advertise, Advertising, 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 newspaper, magazine, directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.
(f) Experience, as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist.
(g) Supervisor, as used in this chapter, means an individual who meets all of the following requirements:
(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as any of the following:
(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(3) Has received training in supervision as specified in this chapter and by regulation.
(4) Has not provided therapeutic services to the supervisee.
(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist, issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(6) Is not a spouse, domestic partner, or relative of the supervisee.
(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(h) Client centered advocacy, as used in this chapter, includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services.
(i) Accredited, as used in this chapter, means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education.
(j) Approved, as used in this chapter, means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.
SEC. 3. Section 4989.49 of the Business and Professions Code is amended to read:4989.49. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
SEC. 3. Section 4989.49 of the Business and Professions Code is amended to read:
### SEC. 3.
4989.49. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
4989.49. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
4989.49. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
4989.49. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
SEC. 4. Section 4992.2 of the Business and Professions Code is amended to read:4992.2. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
SEC. 4. Section 4992.2 of the Business and Professions Code is amended to read:
### SEC. 4.
4992.2. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
4992.2. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
4992.2. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
4992.2. Advertising, 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, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. Signs within religious buildings or notices in bulletins from a religious organization mailed to a congregation shall not be construed as are not advertising within the meaning of this chapter.
SEC. 5. Section 4999.12 of the Business and Professions Code is amended to read:4999.12. For purposes of this chapter, the following terms have the following meanings:(a) Board means the Board of Behavioral Sciences.(b) Accredited means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(c) Approved means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.(d) Applicant for licensure means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Licensed professional clinical counselor or LPCC means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.(f) Associate means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.(g) Clinical counselor trainee means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(h) Supervisor means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(i) Client centered advocacy 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.(j) Advertising or advertise includes, but is not limited to, Advertising, 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 newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(k) Referral means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.(l) Research means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.(m) Supervision means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.(2) Monitoring and evaluating the supervisees assessment, diagnosis, and treatment decisions and providing regular feedback.(3) Monitoring and evaluating the supervisees ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.(5) Ensuring the supervisees compliance with laws and regulations governing the practice of licensed professional clinical counseling.(6) Reviewing the supervisees progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.(7) With the clients written consent, providing direct observation or review of audio or video recordings of the supervisees counseling or therapy, as deemed appropriate by the supervisor.(n) Clinical setting means any setting that meets both of the following requirements:(1) Lawfully and regularly provides mental health counseling or psychotherapy.(2) Provides oversight to ensure that the associates work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
SEC. 5. Section 4999.12 of the Business and Professions Code is amended to read:
### SEC. 5.
4999.12. For purposes of this chapter, the following terms have the following meanings:(a) Board means the Board of Behavioral Sciences.(b) Accredited means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(c) Approved means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.(d) Applicant for licensure means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Licensed professional clinical counselor or LPCC means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.(f) Associate means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.(g) Clinical counselor trainee means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(h) Supervisor means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(i) Client centered advocacy 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.(j) Advertising or advertise includes, but is not limited to, Advertising, 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 newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(k) Referral means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.(l) Research means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.(m) Supervision means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.(2) Monitoring and evaluating the supervisees assessment, diagnosis, and treatment decisions and providing regular feedback.(3) Monitoring and evaluating the supervisees ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.(5) Ensuring the supervisees compliance with laws and regulations governing the practice of licensed professional clinical counseling.(6) Reviewing the supervisees progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.(7) With the clients written consent, providing direct observation or review of audio or video recordings of the supervisees counseling or therapy, as deemed appropriate by the supervisor.(n) Clinical setting means any setting that meets both of the following requirements:(1) Lawfully and regularly provides mental health counseling or psychotherapy.(2) Provides oversight to ensure that the associates work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
4999.12. For purposes of this chapter, the following terms have the following meanings:(a) Board means the Board of Behavioral Sciences.(b) Accredited means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(c) Approved means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.(d) Applicant for licensure means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Licensed professional clinical counselor or LPCC means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.(f) Associate means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.(g) Clinical counselor trainee means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(h) Supervisor means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(i) Client centered advocacy 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.(j) Advertising or advertise includes, but is not limited to, Advertising, 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 newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(k) Referral means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.(l) Research means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.(m) Supervision means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.(2) Monitoring and evaluating the supervisees assessment, diagnosis, and treatment decisions and providing regular feedback.(3) Monitoring and evaluating the supervisees ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.(5) Ensuring the supervisees compliance with laws and regulations governing the practice of licensed professional clinical counseling.(6) Reviewing the supervisees progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.(7) With the clients written consent, providing direct observation or review of audio or video recordings of the supervisees counseling or therapy, as deemed appropriate by the supervisor.(n) Clinical setting means any setting that meets both of the following requirements:(1) Lawfully and regularly provides mental health counseling or psychotherapy.(2) Provides oversight to ensure that the associates work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
4999.12. For purposes of this chapter, the following terms have the following meanings:(a) Board means the Board of Behavioral Sciences.(b) Accredited means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.(c) Approved means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.(d) Applicant for licensure means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.(e) Licensed professional clinical counselor or LPCC means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.(f) Associate means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.(g) Clinical counselor trainee means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.(h) Supervisor means an individual who meets all of the following requirements:(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.(3) Has received training in supervision as specified in this chapter and by regulation.(4) Has not provided therapeutic services to the supervisee.(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.(6) Is not a spouse, domestic partner, or relative of the supervisee.(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.(i) Client centered advocacy 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.(j) Advertising or advertise includes, but is not limited to, Advertising, 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 newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.(k) Referral means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.(l) Research means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.(m) Supervision means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.(2) Monitoring and evaluating the supervisees assessment, diagnosis, and treatment decisions and providing regular feedback.(3) Monitoring and evaluating the supervisees ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.(5) Ensuring the supervisees compliance with laws and regulations governing the practice of licensed professional clinical counseling.(6) Reviewing the supervisees progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.(7) With the clients written consent, providing direct observation or review of audio or video recordings of the supervisees counseling or therapy, as deemed appropriate by the supervisor.(n) Clinical setting means any setting that meets both of the following requirements:(1) Lawfully and regularly provides mental health counseling or psychotherapy.(2) Provides oversight to ensure that the associates work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.
4999.12. For purposes of this chapter, the following terms have the following meanings:
(a) Board means the Board of Behavioral Sciences.
(b) Accredited means a school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education.
(c) Approved means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicants graduation from the school, college, or university.
(d) Applicant for licensure means an unlicensed person who has completed the required education and required hours of supervised experience for licensure.
(e) Licensed professional clinical counselor or LPCC means a person licensed under this chapter to practice professional clinical counseling, as defined in Section 4999.20.
(f) Associate means an unlicensed person who meets the requirements of Section 4999.42 and is registered with the board.
(g) Clinical counselor trainee means an unlicensed person who is currently enrolled in a masters or doctoral degree program, as specified in Section 4999.32 or 4999.33, that is designed to qualify the person for licensure and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.
(h) Supervisor means an individual who meets all of the following requirements:
(1) Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:
(A) A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(B) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2) For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by marriage and family therapist trainees, associate marriage and family therapists, associate professional clinical counselors, or associate clinical social workers. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(3) Has received training in supervision as specified in this chapter and by regulation.
(4) Has not provided therapeutic services to the supervisee.
(5) Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A) A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C) A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(6) Is not a spouse, domestic partner, or relative of the supervisee.
(7) Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(i) Client centered advocacy 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.
(j) Advertising or advertise includes, but is not limited to, Advertising, 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 newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church religious buildings or notices in church bulletins from a religious organization mailed to a congregation are not advertising within the meaning of this chapter.
(k) Referral means evaluating and identifying the needs of a client to determine whether it is advisable to refer the client to other specialists, informing the client of that judgment, and communicating that determination as requested or deemed appropriate to referral sources.
(l) Research means a systematic effort to collect, analyze, and interpret quantitative and qualitative data that describes how social characteristics, behavior, emotion, cognitions, disabilities, mental disorders, and interpersonal transactions among individuals and organizations interact.
(m) Supervision means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience. Supervision includes, but is not limited to, all of the following:
(1) Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.
(2) Monitoring and evaluating the supervisees assessment, diagnosis, and treatment decisions and providing regular feedback.
(3) Monitoring and evaluating the supervisees ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.
(4) Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.
(5) Ensuring the supervisees compliance with laws and regulations governing the practice of licensed professional clinical counseling.
(6) Reviewing the supervisees progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.
(7) With the clients written consent, providing direct observation or review of audio or video recordings of the supervisees counseling or therapy, as deemed appropriate by the supervisor.
(n) Clinical setting means any setting that meets both of the following requirements:
(1) Lawfully and regularly provides mental health counseling or psychotherapy.
(2) Provides oversight to ensure that the associates work meets the experience and supervision requirements set forth in this chapter and in regulation and is within the scope of practice of the profession.