BILL NUMBER: SB 620 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Block
FEBRUARY 27, 2015
An act to amend Sections 4980.03, 4980.42, 4980.43, 4980.44,
4996.23, and 4999.46 of the Business and Professions Code, relating
to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 620, as introduced, Block. Board of Behavioral Sciences:
licensure requirements.
Existing law provides for the licensure and regulation of marriage
and family therapists, clinical social workers, and professional
clinical counselors by the Board of Behavioral Sciences. Existing law
requires applicants for licensure in those professions to comply
with specified educational and experience requirements, including,
but not limited to, hours of supervised experience, and sets forth
terms, conditions, and limitations for those hours of experience, as
specified.
This bill would revise those experience requirements and provide
that individuals who submit applications for examination eligibility
between January 1, 2016, and December 31, 2017, may alternately
qualify under the current requirements. The bill would also make
other technical and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4980.03 of the Business and Professions Code is
amended to read:
4980.03. (a) "Board," as used in this chapter, means the Board of
Behavioral Sciences.
(b) "Intern," as used in this chapter, means an unlicensed person
who has earned his or her master's or doctor's degree qualifying him
or her for licensure and is registered with the board.
(c) "Trainee," as used in this chapter, means an unlicensed person
who is currently enrolled in a master's or doctor's degree program,
as specified in Sections 4980.36 and 4980.37, that is designed to
qualify him or her for licensure under this chapter, and who has
completed no less than 12 semester units or 18 quarter units of
coursework in any qualifying degree program.
(d) "Applicant," as used in this chapter, means an unlicensed
person who has completed a master's or doctoral degree program, as
specified in Sections 4980.36 and 4980.37, and whose application for
registration as an intern is pending, or an unlicensed person who has
completed the requirements for licensure as specified in this
chapter, is no longer registered with the board as an intern, and is
currently in the examination process.
(e) "Advertise," as used in this chapter, includes, but is not
limited to, any public communication, as defined in subdivision (a)
of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper or
magazine or in any directory, or any printed matter whatsoever, with
or without any limiting qualification. Signs within religious
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.
(f) "Experience," as used in this chapter, means experience in
interpersonal relationships, psychotherapy, marriage and family
therapy, and professional enrichment activities
direct counseling, and nonclinical practice that satisfies
the requirement requirements for
licensure as a marriage and family therapist pursuant to Section
4980.40.
(g) "Supervisor," as used in this chapter, means an individual who
meets all of the following requirements:
(1) Has been licensed by a state regulatory agency for at least
two years as a marriage and family therapist, licensed clinical
social worker, licensed professional clinical counselor, licensed
psychologist, or licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology.
(2) If a licensed professional clinical counselor, the individual
shall meet the additional training and education requirements
specified in paragraph (3) of subdivision (a) of Section 4999.20.
(3) Has not provided therapeutic services to the trainee or
intern.
(4) Has a current and valid license that is not under suspension
or probation.
(5) Complies with supervision requirements established by this
chapter and by board regulations.
(h) "Client centered advocacy," as used in this chapter, includes,
but is not limited to, researching, identifying, and accessing
resources, or other activities, related to obtaining or providing
services and supports for clients or groups of clients receiving
psychotherapy or counseling services.
SEC. 2. Section 4980.42 of the Business and Professions Code is
amended to read:
4980.42. (a) Trainees performing services in any work setting
specified in subdivision (d) (e) of
Section 4980.43 may perform those activities and services as a
trainee, provided that the activities and services constitute part of
the trainee's supervised course of study and that the person is
designated by the title "trainee."
(b) Trainees subject to Section 4980.37 may gain hours of
experience and counsel clients outside of the required practicum.
This subdivision shall apply to hours of experience gained and client
counseling provided on and after January 1, 2012.
(c) Trainees subject to Section 4980.36 may gain hours of
experience outside of the required practicum but must be enrolled in
a practicum course to counsel clients. Trainees subject to Section
4980.36 may counsel clients while not enrolled in a practicum course
if the period of lapsed enrollment is less than 90 calendar days, and
if that period is immediately preceded by enrollment in a practicum
course and immediately followed by enrollment in a practicum course
or completion of the degree program.
(d) All hours of experience gained pursuant to subdivisions (b)
and (c) shall be subject to the other requirements of this chapter.
(e) All hours of experience gained as a trainee shall be
coordinated between the school and the site where the hours are being
accrued. The school shall approve each site and shall have a written
agreement with each site that details each party's responsibilities,
including the methods by which supervision shall be provided. The
agreement shall provide for regular progress reports and evaluations
of the student's performance at the site. If an applicant has gained
hours of experience while enrolled in an institution other than the
one that confers the qualifying degree, it shall be the applicant's
responsibility to provide to the board satisfactory evidence that
those hours of trainee experience were gained in compliance with this
section.
SEC. 3. Section 4980.43 of the Business and Professions Code is
amended to read:
4980.43. (a) Prior to applying To qualify
for licensure examinations, as
specified in Section 4980.40, each applicant shall complete
experience that related to the practice of
marriage and family therapy under a qualified supervisor. The
experience shall comply with the following:
(1) A minimum of 3,000 hours of supervised experience
completed during a period of at least 104 weeks.
(2) Not more than A maximum of 40
hours in any seven consecutive days.
(3) Not less than A minimum of 1,700
hours of supervised experience completed subsequent to the
granting of obt ained after the
qualifying master's or doctoral degree.
degree was awarded.
(4) Not more than A maximum of 1,300
hours of supervised experience obtained prior to
completing a the award date of the qualifying
master's or doctoral degree.
The applicant shall not be credited with more than
(5) A maximum of 750 hours of
counseling and direct supervisor contact prior to completing
the award date of the qualifying master's or
doctoral degree.
(5)
(6) No hours of experience may be gained prior to
completing either 12 semester units or 18 quarter units of graduate
instruction and becoming a trainee except for personal
psychotherapy instruction .
(6)
(7) No hours of experience may be gained more than six
years prior to the date the application for examination eligibility
was filed, except that up to 500 hours of clinical experience gained
in the supervised practicum required by subdivision (c) of Section
4980.37 and subparagraph (B) of paragraph (1) of subdivision (d) of
Section 4980.36 shall be exempt from this six-year requirement.
(7) Not more than a combined total of 1,000 hours of experience in
the following:
(A) Direct supervisor contact.
(B) Professional enrichment activities. For purposes of this
chapter, "professional enrichment activities" include the following:
(i) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor. An
applicant shall have no more than 250 hours of verified attendance at
these workshops, seminars, training sessions, or conferences.
(ii) Participation by the applicant in personal psychotherapy,
which includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional. An applicant
shall have no more than 100 hours of participation in personal
psychotherapy. The applicant shall be credited with three hours of
experience for each hour of personal psychotherapy.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) For all hours gained on or after January 1, 2012, not more
than 500 hours of experience in the following:
(A) Experience administering and evaluating psychological tests,
writing clinical reports, writing progress notes, or writing process
notes.
(B) Client centered advocacy.
(10) Not less than
(8) A minimum of 1,750 hours of direct
counseling with individuals, groups, couples, or f
amilies, that includes not less than 500 total hours of
experience in diagnosing and treating couples, families, and
children. For up to 150 hours of treating couples and
families in conjoint therapy, the applicant shall be credited with
two hours of experience for each hour of therapy provided.
(11) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telehealth in accordance with Section 2290.5.
(9) A maximum of 1,250 hours of nonclinical practice, including
direct supervisor contact, administering and evaluating psychological
tests, writing clinical reports, writing progress or process notes,
client-centered advocacy, and workshops, seminars, training sessions,
or conferences directly related to marriage and family therapy that
have been approved by the applicant's supervisor.
(12)
(10) It is anticipated and encouraged that hours of
experience will include working with elders and dependent adults who
have physical or mental limitations that restrict their ability to
carry out normal activities or protect their rights.
This subdivision shall only apply to hours gained on and after
January 1, 2010.
(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2017, may
alternately qualify under the experience requirements that were in
place on January 1, 2015.
(b)
(c) All applicants, trainees, and registrants shall be
at all times under the supervision of a supervisor who shall be
responsible for ensuring that the extent, kind, and quality of
counseling performed is consistent with the training and experience
of the person being supervised, and who shall be responsible to the
board for compliance with all laws, rules, and regulations governing
the practice of marriage and family therapy. Supervised experience
shall be gained by interns and trainees only as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by interns or trainees as
an independent contractor.
(1) If employed, an intern shall provide the board with copies of
the corresponding W-2 tax forms for each year of experience claimed
upon application for licensure.
(2) If volunteering, an intern shall provide the board with a
letter from his or her employer verifying the intern's employment as
a volunteer upon application for licensure.
(c)
(d) Except for experience gained pursuant to
subparagraph (B) of paragraph (7) of subdivision (a),
by attending workshops, seminars, training sessions, or conferences
as described in paragraph (9) of subdivision (a), supervision
shall include at least one hour of direct supervisor contact in each
week for which experience is credited in each work setting, as
specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting. No more than six hours of supervision, whether
individual or group, shall be credited during any single week.
(2) An individual supervised after being granted a qualifying
degree shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
client contact is gained in each setting. No more than six hours of
supervision, whether individual or group, shall be credited during
any single week.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour per week of face-to-face contact on an
individual basis or two hours per week of face-to-face contact in a
group.
(4) Direct supervisor contact shall occur within the same week as
the hours claimed.
(5) Direct supervisor contact provided in a group shall be
provided in a group of not more than eight supervisees and in
segments lasting no less than one continuous hour.
(6) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(7) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation.
(8) The six hours of supervision that may be credited during any
single week pursuant to paragraphs (1) and (2) shall apply to
supervision hours gained on or after January 1, 2009.
(d)
(e) (1) A trainee may be credited with supervised
experience completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed professional clinical counselor, a
licensed psychologist, a licensed clinical social worker, a licensed
physician and surgeon, or a professional corporation of any of those
licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(e)
(f) (1) An intern may be credited with supervised
experience completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), (e), until registered
as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(f)
(g) Except as provided in subdivision (g),
(h), all persons shall register with the board
as an intern in order to be credited for postdegree hours of
supervised experience gained toward licensure.
(g)
(h) Except when employed in a private practice setting,
all postdegree hours of experience shall be credited toward
licensure so long as the applicant applies for the intern
registration within 90 days of the granting of the qualifying master'
s or doctoral degree and is thereafter granted the intern
registration by the board.
(h)
(i) Trainees, interns, and applicants shall not receive
any remuneration from patients or clients, and shall only be paid by
their employers.
(i)
(j) Trainees, interns, and applicants shall only
perform services at the place where their employers regularly conduct
business, which may include performing services at other locations,
so long as the services are performed under the direction and control
of their employer and supervisor, and in compliance with the laws
and regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and
shall not lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of their
employers.
(j)
(k) Trainees, interns, or applicants who provide
volunteered services or other services, and who receive no more than
a total, from all work settings, of five hundred dollars ($500) per
month as reimbursement for expenses actually incurred by those
trainees, interns, or applicants for services rendered in any lawful
work setting other than a private practice shall be considered an
employee and not an independent contractor. The board may audit
applicants who receive reimbursement for expenses, and the applicants
shall have the burden of demonstrating that the payments received
were for reimbursement of expenses actually incurred.
(k)
(l) Each educational institution preparing applicants
for licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
SEC. 4. Section 4980.44 of the Business and Professions Code is
amended to read:
4980.44. An unlicensed marriage and family therapist intern
employed under this chapter shall comply with the following
requirements:
(a) Possess, at a minimum, a master's degree as specified in
Section 4980.36 or 4980.37, as applicable.
(b) Register with the board prior to performing any duties, except
as otherwise provided in subdivision (g) (h)
of Section 4980.43.
(c) Prior to performing any professional services, inform each
client or patient that he or she is an unlicensed marriage and family
therapist registered intern, provide his or her registration number
and the name of his or her employer, and indicate whether he or she
is under the supervision of a licensed marriage and family therapist,
licensed clinical social worker, licensed professional clinical
counselor, licensed psychologist, or a licensed physician and surgeon
certified in psychiatry by the American Board of Psychiatry and
Neurology.
(d) (1) Any advertisement by or on behalf of a marriage and family
therapist registered intern shall include, at a minimum, all of the
following information:
(A) That he or she is a marriage and family therapist registered
intern.
(B) The intern's registration number.
(C) The name of his or her employer.
(D) That he or she is supervised by a licensed person.
(2) The abbreviation "MFTI" shall not be used in an advertisement
unless the title "marriage and family therapist registered intern"
appears in the advertisement.
SEC. 5. Section 4996.23 of the Business and Professions Code is
amended to read:
4996.23. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of post-master's degree
supervised experience providing clinical social work services as
permitted by Section 4996.9. At
4996.23. (a) To qualify for
licensure as specified in Section 4996.2, each applicant shall
complete 3,200 hours of post-master's degree experience
related to the practice of clinical social work, under a qualified
supervisor. The experience shall comply with the following:
(1) At least 1,700 hours shall be
gained under the supervision of a licensed clinical social worker.
The remaining required supervised experience may be gained under the
supervision of a licensed mental health professional acceptable to
the board as defined by a regulation adopted by the board.
This experience shall consist of the following:
(1)
(2) A minimum of 2,000 hours in clinical psychosocial
diagnosis, assessment, and treatment, including psychotherapy or
counseling.
(2)
(3) A maximum of 1,200 hours in client-centered
advocacy, consultation, evaluation, and research.
research, direct supervisor contact, and workshops, seminars,
training sessions, or conferences directly related to clinical social
work that have been approved by the applicant's supervisor.
(3)
(4) Of the 2,000 clinical hours required in paragraph
(1), (2), no less than 750 hours shall
be face-to-face individual or group psychotherapy provided to clients
in the context of clinical social work services.
(4)
(5) A minimum of two years of supervised experience is
required to be obtained over a period of not less than 104 weeks and
shall have been gained within the six years immediately preceding the
date on which the application for licensure was filed.
(5)
(6) Experience shall not be credited for more than 40
hours in any week.
(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2017, may
alternately qualify under the experience requirements that were in
place on January 1, 2015.
(b)
(c) "Supervision" means responsibility for, and control
of, the quality of clinical social work services being provided.
Consultation or peer discussion shall not be considered to be
supervision.
(c)
(d) (1) Prior to the commencement of supervision, a
supervisor shall comply with all requirements enumerated in Section
1870 of Title 16 of the California Code of Regulations and shall sign
under penalty of perjury the "Responsibility Statement for
Supervisors of an Associate Clinical Social Worker" form.
(2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. For purposes of
this subdivision, "one hour of direct supervisor contact" means one
hour per week of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group conducted within the same
week as the hours claimed.
(3) An associate shall receive at least one additional hour of
direct supervisor contact for every week in which more than 10 hours
of face-to-face psychotherapy is performed in each setting in which
experience is gained. No more than five six
hours of supervision, whether individual or group, shall be
credited during any single week.
(4) Supervision shall include at least one hour of direct
supervisor contact during each week for which experience is gained in
each work setting. Supervision is not required for experience gained
attending workshops, seminars, training sessions, or conferences as
described in paragraph (3) of subdivision (a).
(5) The six hours of supervision that may be credited during any
single week pursuant to paragraph (3) shall apply only to supervision
hours gained on or after January 1, 2010.
(6) Group supervision shall be provided in a group of
not more than eight supervisees and shall be provided in segments
lasting no less than one continuous hour.
(5)
(7) Of the 104 weeks of required supervision, 52 weeks
shall be individual supervision, and of the 52 weeks of required
individual supervision, not less than 13 weeks shall be supervised by
a licensed clinical social worker.
(6)
(8) Notwithstanding paragraph (2), an associate clinical
social worker working for a governmental entity, school, college, or
university, or an institution that is both a nonprofit and
charitable institution, may obtain the required weekly direct
supervisor contact via live two-way videoconferencing. The supervisor
shall be responsible for ensuring that client confidentiality is
preserved.
(d)
(e) The supervisor and the associate shall develop a
supervisory plan that describes the goals and objectives of
supervision. These goals shall include the ongoing assessment of
strengths and limitations and the assurance of practice in accordance
with the laws and regulations. The associate shall submit to the
board the initial original supervisory plan upon application for
licensure.
(e)
(f) Experience shall only be gained in a setting that
meets both of the following:
(1) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
(2) Provides oversight to ensure that the associate's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4996.9.
(f)
(g) Experience shall not be gained until the applicant
has been registered as an associate clinical social worker.
(g)
(h) Employment in a private practice as defined in
subdivision (h) (i) shall not commence
until the applicant has been registered as an associate clinical
social worker.
(h)
(i) A private practice setting is a setting that is
owned by a licensed clinical social worker, a licensed marriage and
family therapist, a
licensed psychologist, a licensed professional clinical counselor, a
licensed physician and surgeon, or a professional corporation of any
of those licensed professions.
(i)
(j) If volunteering, the associate shall provide the
board with a letter from his or her employer verifying his or her
voluntary status upon application for licensure.
(j)
(k) If employed, the associate shall provide the board
with copies of his or her W-2 tax forms for each year of experience
claimed upon application for licensure.
(k)
(l) While an associate may be either a paid employee or
volunteer, employers are encouraged to provide fair remuneration to
associates.
(l)
(m) An associate shall not do the following:
(1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(2) Have any proprietary interest in the employer's business.
(3) Lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of his or her
employer.
(m)
(n) An associate, whether employed or volunteering, may
obtain supervision from a person not employed by the associate's
employer if that person has signed a written agreement with the
employer to take supervisory responsibility for the associate's
social work services.
(n)
(o) Notwithstanding any other provision of law,
associates and applicants for examination shall receive a minimum of
one hour of supervision per week for each setting in which he or she
is working.
SEC. 6. Section 4999.46 of the Business and Professions Code, as
amended by Section 3 of Chapter 435 of the Statutes of 2014, is
amended to read:
4999.46. (a) To qualify for the licensure
examination as specified by
paragraph (2) of subdivision (a) of Section 4999.53,
in Section 4999.50, applicants shall complete clinical
mental health experience related to the
practice of professional clinical counseling under the
general supervision of an approved supervisor as defined in Section
4999.12. a qualified supervisor. The experience shall
comply with the following:
(b) The experience shall include a
(1) A minimum of 3,000 postdegree
hours of supervised clinical mental health
experience related to the practice of professional clinical
counseling, performed over a period of not less than two
years (104 weeks), which shall include:
weeks).
(1)
(2) Not more than 40 hours in any seven consecutive
days.
(2)
(3) Not less than 1,750 hours of direct counseling with
individuals, groups, couples, or families in a setting described in
Section 4999.44 using a variety of psychotherapeutic techniques and
recognized counseling interventions within the scope of practice of
licensed professional clinical counselors.
(3) Not more than 500 hours of experience providing group therapy
or group counseling.
(4) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telehealth in accordance with Section 2290.5.
(5)
(4) Not less than 150 hours of clinical experience in a
hospital or community mental health setting, as defined in Section
1820 of Title 16 of the California Code of Regulations.
(6) Not more than a combined total of 1,250 hours of experience in
the following related activities:
(A) Direct supervisor contact.
(B) Client centered advocacy.
(C) Not more than 250 hours of experience administering tests and
evaluating psychological tests of clients, writing clinical reports,
writing progress notes, or writing process notes.
(D) Not more than 250 hours of verified attendance at workshops,
seminars, training sessions, or conferences directly related to
professional clinical counseling that are approved by the applicant's
supervisor.
(5) A maximum of 1,250 hours of nonclinical practice, including
direct supervisor contact, administering and evaluating psychological
tests, writing clinical reports, writing progress or process notes,
client-centered advocacy, and workshops, seminars, training sessions,
or conferences directly related to professional clinical counseling
that have been approved by the applicant's supervisor.
(b) An individual who submits an application for examination
eligibility between January 1, 2016, and December 31, 2017, may
alternately qualify under the experience requirements that were in
place on January 1, 2015.
(c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.
(d) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is registered as an intern by the board.
(e) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional clinical counseling.
(f) Experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Experience obtained under
the supervision of a supervisor with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
(g) Except for experience gained pursuant to subparagraph
(D) of paragraph (6) of subdivision (b), by attending
workshops, seminars, training sessions, or conferences as described
in paragraph (5) of subdivision (a), supervision shall include
at least one hour of direct supervisor contact in each week for which
experience is credited in each work setting.
(1) No more than six hours of supervision, whether individual or
group, shall be credited during any single week. This paragraph shall
apply to supervision hours gained on or after January 1, 2009.
(2) An intern shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons in segments lasting no less than one continuous
hour.
(4) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable, may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(h) This section shall become operative on January 1, 2016.