CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 801

Introduced by Senator Roth

February 19, 2021

An act to amend Section 4999.46.1 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 801, as introduced, Roth. Healing arts: licensed professional clinical counselors.
Existing law, the Licensed Professional Clinical Counselor Act, provides for the licensure and regulation of professional clinical counselors by the Board of Behavioral Sciences, which is within the Department of Consumer Affairs. The act, except as specified, requires all applicants to have an active associate registration with the board to gain postdegree hours of supervised experience.
The act requires an associate or applicant for licensure to be under the supervision of a supervisor at all times. The act requires an associate to inform each client, prior to performing any professional services, that the associate is unlicensed and under supervision. The act defines “supervision” for purposes of the act.
This bill would repeal a duplicative definition of “supervision.”
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4999.46.1 of the Business and Professions Code is amended to read:

4999.46.1.
 (a) An associate or applicant for licensure shall be under the supervision of a supervisor at all times.

(b)As used in this chapter, the term “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 supervisee’s assessment, diagnosis, and treatment decisions and providing regular feedback.

(3)Monitoring and evaluating the supervisee’s ability to provide services at the site or sites where he or she 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 practitioner-patient relationship.

(5)Ensuring the supervisee’s compliance with laws and regulations governing the practice of licensed professional clinical counseling.

(6)Reviewing the supervisee’s progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.

(7)With the client’s written consent, providing direct observation or review of audio or video recordings of the supervisee’s counseling or therapy, as deemed appropriate by the supervisor.

(c)

(b) An associate shall do both of the following:
(1) Inform each client, prior to before performing any professional services, that he or she the associate is unlicensed and under supervision.
(2) Renew the registration a maximum of five times. No A registration shall not be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked.

(d)

(c) When no further renewals are possible, an applicant may apply for and obtain a subsequent associate registration number if the applicant meets the educational requirements for a subsequent associate registration number and has passed the California law and ethics examination. An applicant issued a subsequent associate registration number shall not be employed or volunteer in a private practice.