2007 California Business and Professions Code Article 1. Regulation

CA Codes (bpc:4980-4981)

4980.  (a) Many California families and many individual Californians
are experiencing difficulty and distress, and are in need of wise,
competent, caring, compassionate, and effective counseling in order
to enable them to improve and maintain healthy family relationships.

   Healthy individuals and healthy families and healthy relationships
are inherently beneficial and crucial to a healthy society, and are
our most precious and valuable natural resource.  Marriage and family
therapists provide a crucial support for the well-being of the
people and the State of California.
   (b) No person may engage in the practice of marriage and family
therapy as defined by Section 4980.02, unless he or she holds a valid
license as a marriage and family therapist, or unless he or she is
specifically exempted from that requirement, nor may any person
advertise himself or herself as performing the services of a
marriage, family, child, domestic, or marital consultant, or in any
way use these or any similar titles, including the letters "M.F.T."
or "M.F.C.C.," or other name, word initial, or symbol in connection
with or following his or her name to imply that he or she performs
these services without a license as provided by this chapter.
Persons licensed under Article 4 (commencing with Section 4996) of
Chapter 14 of Division 2, or under Chapter 6.6 (commencing with
Section 2900) may engage in such practice or advertise that they
practice marriage and family therapy but may not advertise that they
hold the marriage and family therapist's license.



4980.01.  (a) Nothing in this chapter shall be construed to
constrict, limit, or withdraw the Medical Practice Act, the Social
Work Licensing Law, the Nursing Practice Act, or the Psychology
Licensing Act.
   (b) This chapter shall not apply to any priest, rabbi, or minister
of the gospel of any religious denomination when performing
counseling services as part of his or her pastoral or professional
duties, or to any person who is admitted to practice law in the
state, or who is licensed to practice medicine, when providing
counseling services as part of his or her professional practice.
   (c) (1) This chapter shall not apply to an employee working in any
of the following settings if his or her work is performed solely
under the supervision of the employer:
   (A) A governmental entity.
   (B) A school, college, or university.
   (C) An institution that is both nonprofit and charitable.
   (2) This chapter shall not apply to a volunteer working in any of
the settings described in paragraph (1) if his or her work is
performed solely under the supervision of the entity, school, or
institution.
   (d) A marriage and family therapist licensed under this chapter is
a licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that
section.
   (e) Notwithstanding subdivisions (b) and (c), all persons
registered as interns or licensed under this chapter shall not be
exempt from this chapter or the jurisdiction of the board.



4980.02.  For the purposes of this chapter, the practice of marriage
and family therapy shall mean that service performed with
individuals, couples, or groups wherein interpersonal relationships
are examined for the purpose of achieving more adequate, satisfying,
and productive marriage and family adjustments.  This practice
includes relationship and premarriage counseling.
   The application of marriage and family therapy principles and
methods includes, but is not limited to, the use of applied
pyschotherapeutic techniques, to enable individuals to mature and
grow within marriage and the family, the provision of explanations
and interpretations of the psychosexual and psychosocial aspects of
relationships, and the use, application, and integration of the
coursework and training required by Sections 4980.37, 4980.40, and
4980.41.


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 Section 4980.40, 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 Section 4980.40, 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, 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. It also includes business solicitations
communicated by radio or television broadcasting. Signs within church
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.
   (f) "Experience," as used in this chapter, means experience in
interpersonal relationships, psychotherapy, marriage and family
therapy, and professional enrichment activities that satisfies the
requirement for licensure as a marriage and family therapist pursuant
to Section 4980.40.
   (g) "Supervisor," as used in this chapter, means an individual who
meets all of the following requirements:
   (1) Has been licensed by a state regulatory agency for at least
two years as a marriage and family therapist, licensed clinical
social worker, licensed psychologist, or licensed physician certified
in psychiatry by the American Board of Psychiatry and Neurology.
   (2) Has not provided therapeutic services to the trainee or
intern.
   (3) Has a current and valid license that is not under suspension
or probation.
   (4) Complies with supervision requirements established by this
chapter and by board regulations.


4980.07.  The board shall administer the provisions of this chapter.



4980.08.  (a) The title "licensed marriage, family and child
counselor" or "marriage, family and child counselor" is hereby
renamed "licensed marriage and family therapist" or "marriage and
family therapist," respectively.  Any reference in any statute or
regulation to a "licensed marriage, family and child counselor" or
"marriage, family and child counselor" shall be deemed a reference to
a "licensed marriage and family therapist" or "marriage and family
therapist."
   (b) Nothing in this section shall be construed to expand or
constrict the scope of practice of a person licensed pursuant to this
chapter.
   (c) This section shall become operative July 1, 1999.



4980.10.  A person engages in the practice of marriage and family
therapy who performs or offers to perform or holds himself or herself
out as able to perform this service for remuneration in any form,
including donations.


4980.30.  Except as otherwise provided herein, a person desiring to
practice and to advertise the performance of marriage and family
therapy services shall apply to the board for a license and shall pay
the license fee required by this chapter.



4980.31.  A licensee shall display his or her license in a
conspicuous place in the licensee's primary place of practice.



4980.34.  It is the intent of the Legislature that the board employ
its resources for each and all of the following functions:
   (a) The licensing of marriage and family therapists, clinical
social workers, and educational psychologists.
   (b) The development and administration of licensing examinations
and examination procedures, as specified, consistent with prevailing
standards for the validation and use of licensing and certification
tests.  Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
   (c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
   (d) Consumer education.



4980.35.  (a) The Legislature acknowledges that the basic obligation
to provide a complete and accurate application for a marriage and
family therapist license lies with the applicant.  At the same time,
the Legislature recognizes that an effort should be made by the board
to ensure that persons who enter degree programs and supervisorial
training settings that meet the requirements of this chapter are
enabled to discern the requirements for licensing and to take the
examination when they have completed their educational and experience
requirements.
   (b) In order that the board, the educational institutions, and the
supervisors who monitor the education and experience of applicants
for licensure may develop greater cooperation, the board shall do all
of the following:
   (1) Apply a portion of its limited resources specifically to the
task of communicating information about its activities, the
requirements and qualifications for licensure, and the practice of
marriage and family therapy to the relevant educational institutions,
supervisors, professional associations, applicants, trainees,
interns, and the consuming public.
   (2) Develop policies and procedures to assist educational
institutions in meeting the curricula requirements of Section 4980.40
and any regulations adopted pursuant to that section, so that those
educational institutions may better provide assurance to their
students that the curriculum offered to fulfill the educational
requirements for licensure will meet those requirements at the time
of the student's application for licensure.
   (3) Notify applicants in the application procedure when
applications are incomplete, inaccurate, or deficient, and inform
applicants of any remediation, reconsideration, or appeal procedures
that may be applicable.
   (4) Undertake, or cause to be undertaken, further comprehensive
review, in consultation with educational institutions, professional
associations, supervisors, interns, and trainees, of the supervision
of interns and trainees, which shall include, but not be limited to,
the following, and shall propose regulations regarding the
supervision of interns and trainees which may include, but not be
limited to, the following:
   (A) Supervisor qualifications.
   (B) Continuing education requirements of supervisors.
   (C) Registration or licensing of supervisors, or both.
   (D) Responsibilities of supervisors in general.
   (E) The board's authority in cases of noncompliance or negligence
by supervisors.
   (F) The intern's and trainee's need for guidance in selecting
well-balanced and high quality professional training opportunities
within his or her community.
   (G) The role of the supervisor in advising and encouraging his or
her intern or trainee regarding the necessity or value and
appropriateness of the intern or trainee engaging in personal
psychotherapy, so as to enable the intern or trainee to become a more
competent marriage and family therapist.



4980.37.  (a) In order to provide an integrated course of study and
appropriate professional training, while allowing for innovation and
individuality in the education of marriage and family therapists, a
degree program which meets the educational qualifications for
licensure shall include all of the following:
   (1) Provide an integrated course of study that trains students
generally in the diagnosis, assessment, prognosis, and treatment of
mental disorders.
   (2) Prepare students to be familiar with the broad range of
matters that may arise within marriage and family relationships.
   (3) Train students specifically in the application of marriage and
family relationship counseling principles and methods.
   (4) Encourage students to develop those personal qualities that
are intimately related to the counseling situation such as integrity,
sensitivity, flexibility, insight, compassion, and personal
presence.
   (5) Teach students a variety of effective psychotherapeutic
techniques and modalities that may be utilized to improve, restore,
or maintain healthy individual, couple, and family relationships.
   (6) Permit an emphasis or specialization that may address any one
or more of the unique and complex array of human problems, symptoms,
and needs of Californians served by marriage and family therapists.
   (7) Prepare students to be familiar with crosscultural mores and
values, including a familiarity with the wide range of racial and
ethnic backgrounds common among California's population, including,
but not limited to, Blacks, Hispanics, Asians, and Native Americans.

   (b) Educational institutions are encouraged to design the
practicum required by subdivision (b) of Section 4980.40 to include
marriage and family therapy experience in low-income and
multicultural mental health settings.


4980.38.  (a) Each educational institution preparing applicants to
qualify for licensure shall notify each of its students by means of
its public documents or otherwise in writing that its degree program
is designed to meet the requirements of Sections 4980.37 and 4980.40,
and shall certify to the board that it has so notified its students.

   (b) In addition to all of the other requirements for licensure,
each applicant shall submit to the board a certification by the chief
academic officer, or his or her designee, of the applicant's
educational institution that the applicant has fulfilled the
requirements enumerated in Sections 4980.37 and 4980.40, and
subdivisions (d) and (e) of Section 4980.41.



4980.39.  (a) Any applicant for licensure as a marriage and family
therapist who began graduate study on or after January 1, 2004, shall
complete, as a condition of licensure, a minimum of 10 contact hours
of coursework in aging and long-term care, which could include, but
is not limited to, the biological, social, and psychological aspects
of aging.
   (b) Coursework taken in fulfillment of other educational
requirements for licensure pursuant to this chapter, or in a separate
course of study, may, at the discretion of the board, fulfill the
requirements of this section.
   (c) In order to satisfy the coursework requirement of this
section, the applicant shall submit to the board a certification from
the chief academic officer of the educational institution from which
the applicant graduated stating that the coursework required by this
section is included within the institution's required curriculum for
graduation, or within the coursework, that was completed by the
applicant.
   (d) The board shall not issue a license to the applicant until the
applicant has met the requirements of this section.




4980.395.  (a) A licensee who began graduate study prior to January
1, 2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section and shall submit to the board
evidence, acceptable to the board, of the person's satisfactory
completion of the course.
   (b) The course shall include, but is not limited to, the
biological, social, and psychological aspects of aging.
   (c) A person seeking to meet the requirements of subdivision (a)
of this section may submit to the board a certificate evidencing
completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent
teaching or practice experience.  The board, in its discretion, may
accept that certification as meeting the requirements of this
section.
   (d) The board may not renew an applicant's license until the
applicant has met the requirements of this section.
   (e) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required in Section 4980.54.
   (f) This section shall become operative on January 1, 2005.



4980.40.  To qualify for a license, an applicant shall have all the
following qualifications:
   (a) Applicants shall possess a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, or counseling
with an emphasis in either marriage, family, and child counseling or
marriage and family therapy, obtained from a school, college, or
university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau for Private Postsecondary and
Vocational Education. The board has the authority to make the final
determination as to whether a degree meets all requirements,
including, but not limited to, course requirements, regardless of
accreditation or approval. In order to qualify for licensure pursuant
to this subdivision, a doctor's or master's degree program shall be
a single, integrated program primarily designed to train marriage and
family therapists and shall contain no less than 48 semester or 72
quarter units of instruction. The instruction shall include no less
than 12 semester units or 18 quarter units of coursework in the areas
of marriage, family, and child counseling, and marital and family
systems approaches to treatment.
   The coursework shall include all of the following areas:
   (1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
   (2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
   (3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
   (4) A variety of approaches to the treatment of children.
   The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
   (b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage and family
therapist.
   (2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
   (3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
   (c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
   (d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
   (e) All applicants shall be at least 18 years of age.
   (f) All applicants shall have at least two years of experience
that meet the requirements of Section 4980.43.
   (g) The applicant shall pass a board administered written or oral
examination or both types of examinations, except that an applicant
who passed a written examination and who has not taken and passed an
oral examination shall instead be required to take and pass a
clinical vignette written examination.
   (h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of a crime in this or another state or in a territory
of the United States that involves sexual abuse of children or who
is required to register pursuant to Section 290 of the Penal Code or
the equivalent in another state or territory.
   (i) An applicant for licensure trained in an educational
institution outside the United States shall demonstrate to the
satisfaction of the board that he or she possesses a qualifying
degree that is equivalent to a degree earned from a school, college,
or university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau of Private Postsecondary and
Vocational Education. These applicants shall provide the board with a
comprehensive evaluation of the degree performed by a foreign
credential evaluation service that is a member of the National
Association of Credential Evaluation Services (NACES), and shall
provide any other documentation the board deems necessary.



4980.41.  All applicants for licensure shall complete the following
coursework or training in order to be eligible to sit for the
licensing examinations as specified in subdivision (g) of Section
4980.40:
   (a) A two semester or three quarter unit course in California law
and professional ethics for marriage and family therapists, which
shall include, but not be limited to, the following areas of study:
   (1) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the profession's scope of
practice.
   (2) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including family law.
   (3) The current legal patterns and trends in the mental health
profession.
   (4) The psychotherapist/patient privilege, confidentiality, the
patient dangerous to self or others, and the treatment of minors with
and without parental consent.
   (5) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
   This course may be considered as part of the 48 semester or 72
quarter unit requirements contained in Section 4980.40.
   (b) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
   (c) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.  When coursework in a master's or doctor's
degree program is acquired to satisfy this requirement, it shall be
considered as part of the 48 semester or 72 quarter unit requirement
contained in Section 4980.40.
   (d) For persons who began graduate study on or after January 1,
1986, a master's or doctor's degree qualifying for licensure shall
include specific instruction in alcoholism and other chemical
substance dependency as specified by regulation.  When coursework in
a master's or doctor's degree program is acquired to satisfy this
requirement, it shall be considered as part of the 48 semester or 72
quarter unit requirement contained in Section 4980.40.
   (e) For persons who began graduate study during the period
commencing on January 1, 1995, and ending on December 31, 2003, a
master's or doctor's degree qualifying for licensure shall include
coursework in spousal or partner abuse assessment, detection, and
intervention.  For persons who began graduate study on or after
January 1, 2004, a master's or doctor's degree qualifying for
licensure shall include a minimum of 15 contact hours of coursework
in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics.  Coursework required under
this subdivision may be satisfactory if taken either in fulfillment
of other educational requirements for licensure or in a separate
course.  The requirement for coursework shall be satisfied by, and
the board shall accept in satisfaction of the requirement, a
certification from the chief academic officer of the educational
institution from which the applicant graduated that the required
coursework is included within the institution's required curriculum
for graduation.
   (f) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychological testing.  When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.40.
   (g) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychopharmacology.  When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.40.
   (h) The requirements added by subdivisions (f) and (g) are
intended to improve the educational qualifications for licensure in
order to better prepare future licentiates for practice, and are not
intended in any way to expand or restrict the scope of licensure for
marriage and family therapists.


4980.42.  (a) Trainees performing services in any work setting
specified in subdivision (e) of Section 4980.43 may perform those
activities and services as a trainee, provided that the activities
and services constitute part of the trainee's supervised course of
study and that the person is designated by the title "trainee."
Trainees may gain hours of experience outside the required practicum.
  Those hours shall be subject to the requirements of subdivision (b)
and to the other requirements of this chapter.
   (b) On and after January 1, 1995, all hours of experience gained
as a trainee shall be coordinated between the school and the site
where the hours are being accrued.  The school shall approve each
site and shall have a written agreement with each site that details
each party's responsibilities, including the methods by which
supervision shall be provided.  The agreement shall provide for
regular progress reports and evaluations of the student's performance
at the site.  If an applicant has gained hours of experience while
enrolled in an institution other than the one that confers the
qualifying degree, it shall be the applicant's responsibility to
provide to the board satisfactory evidence that those hours of
trainee experience were gained in compliance with this section.




4980.43.  (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
   (1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
   (2) Not more than 40 hours in any seven consecutive days.
   (3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or doctor's
degree.
   (4) Not more than 1,300 hours of experience obtained prior to
completing a master's or doctor's degree. This experience shall be
composed as follows:
   (A) Not more than 750 hours of counseling and direct supervisor
contact.
   (B) Not more than 250 hours of professional enrichment activities,
excluding personal psychotherapy as described in paragraph (2) of
subdivision (l).
   (C) Not more than 100 hours of personal psychotherapy as described
in paragraph (2) of subdivision (l). The applicant shall be credited
for three hours of experience for each hour of personal
psychotherapy.
   (5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
   (6) No hours of experience gained more than six years prior to the
date the application for licensure was filed, except that up to 500
hours of clinical experience gained in the supervised practicum
required by subdivision (b) of Section 4980.40 shall be exempt from
this six-year requirement.
   (7) Not more than a total of 1,000 hours of experience for direct
supervisor contact and professional enrichment activities.
   (8) Not more than 500 hours of experience providing group therapy
or group counseling.
   (9) Not more than 250 hours of postdegree experience administering
and evaluating psychological tests of counselees, writing clinical
reports, writing progress notes, or writing process notes.
   (10) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
   (11) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children.
   (12) Not more than 125 hours of experience providing personal
psychotherapy services via telemedicine in accordance with Section
2290.5.
   (b) All applicants, trainees, and registrants shall be at all
times under the supervision of a supervisor who shall be responsible
for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the
person being supervised, and who shall be responsible to the board
for compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience shall
be gained by interns and trainees either as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by interns or trainees as
an independent contractor.
   (c) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting, as specified:
   (1)  A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting.
   (2) Each individual supervised after being granted a qualifying
degree shall receive an average of at least one hour of direct
supervisor contact for every 10 hours of client contact 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.
   (4) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation. The 5-to-1 and 10-to-1 ratios
specified in this subdivision shall be applicable to all hours gained
on or after January 1, 1995.
   (d) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
   (A) Lawfully and regularly provides mental health counseling or
psychotherapy.
   (B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
   (C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.
   (2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
   (e) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
   (A) Lawfully and regularly provides mental health counseling or
psychotherapy.
   (B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
   (2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), until registered as an intern.
   (3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
   (4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
   (5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
   (f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
   (g) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctor's degree
and is thereafter granted the intern registration by the board.
   (h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
   (i) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and shall
not lease or rent space, pay for furnishings, equipment or supplies,
or in any other way pay for the obligations of their employers.
   (j) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars (0) per month as
reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered an employee
and not an independent contractor. The board may audit applicants
who receive reimbursement for expenses, and the applicants shall have
the burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
   (k) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
   (l) For purposes of this chapter, "professional enrichment
activities" includes the following:
   (1) 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.
   (2) Participation by the applicant in personal psychotherapy which
includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional.



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 4980.40.
   (b) Register with the board prior to performing any duties, except
as otherwise provided in subdivision (e) of Section 4980.43.
   (c) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, or a licensed
physician and surgeon certified in psychiatry by the American Board
of Psychiatry and Neurology.


4980.45.  (a) A licensed professional in private practice who has
satisfied the requirements of subdivision (g) of Section 4980.03 may
supervise or employ, at any one time, no more than two unlicensed
marriage and family therapist registered interns in that private
practice.
   (b) A marriage and family therapy corporation may employ, at any
one time, no more than two registered interns for each employee or
shareholder who has satisfied the requirements of subdivision (g) of
Section 4980.03.  In no event shall any corporation employ, at any
one time, more than 10 registered interns. In no event shall any
supervisor supervise, at any one time, more than two registered
interns. Persons who supervise interns shall be employed full time by
the professional corporation and shall be actively engaged in
performing professional services at and for the professional
corporation. Employment and supervision within a marriage and family
therapy corporation shall be subject to all laws and regulations
governing experience and supervision gained in a private practice
setting.


4980.46.  Any licensed marriage and family therapist who conducts a
private practice under a fictitious business name shall not use any
name that is false, misleading, or deceptive, and shall inform the
patient, prior to the commencement of treatment, of the name and
license designation of the owner or owners of the practice.




4980.48.  A trainee shall inform each client or patient, prior to
performing any professional services, that he or she is unlicensed
and under the supervision of a licensed marriage and family
therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology.



4980.50.  (a) Every applicant who meets the educational and
experience requirements and applies for a license as a marriage and
family therapist shall be examined by the board.  The examinations
shall be as set forth in subdivision (g) of Section 4980.40.  The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine.  The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
   (b) The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
   (c) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
   (d) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
   (e) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaints against the
applicant.  Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Sections 11503 and 11504 of the Government
Code, respectively, or the applicant has been denied in accordance
with subdivision (b) of Section 485.
   (f) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
   (h) An applicant who has qualified pursuant to this chapter shall
be issued a license as a marriage and family therapist in the form
that the board may deem appropriate.



4980.54.  (a) The Legislature recognizes that the education and
experience requirements in this chapter constitute only minimal
requirements to assure that an applicant is prepared and qualified to
take the licensure examinations as specified in subdivision (g) of
Section 4980.40 and, if he or she passes those examinations, to begin
practice.
   (b) In order to continuously improve the competence of licensed
marriage and family therapists and as a model for all
psychotherapeutic professions, the Legislature encourages all
licensees to regularly engage in continuing education related to the
profession or scope of practice as defined in this chapter.
   (c) Except as provided in subdivision (e), the board shall not
renew any license pursuant to this chapter unless the applicant
certifies to the board, on a form prescribed by the board, that he or
she has completed not less than 36 hours of approved continuing
education in or relevant to the field of marriage and family therapy
in the preceding two years, as determined by the board.
   (d) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
   (e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as defined by
the board.
   (f) The continuing education shall be obtained from one of the
following sources:
   (1) An accredited school or state-approved school that meets the
requirements set forth in Section 4980.40. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of a
regular degree program.
   (2) Other continuing education providers, including, but not
limited to, a professional marriage and family therapist association,
a licensed health facility, a governmental entity, a continuing
education unit of an accredited four-year institution of higher
learning, or a mental health professional association, approved by
the board.
   (g) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (f), shall adhere to procedures established by
the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
   (h) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
   (1) Aspects of the discipline that are fundamental to the
understanding or the practice of marriage and family therapy.
   (2) Aspects of the discipline of marriage and family therapy in
which significant recent developments have occurred.
   (3) Aspects of other disciplines that enhance the understanding or
the practice of marriage and family therapy.
   (i) A system of continuing education for licensed marriage and
family therapists shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
   (j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (f)
shall be deemed to be an approved provider.
   (k) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.


4980.55.  As a model for all therapeutic professions, and to
acknowledge respect and regard for the consuming public, all marriage
and family therapists are encouraged to provide to each client, at
an appropriate time and within the context of the psychotherapeutic
relationship, an accurate and informative statement of the therapist'
s experience, education, specialities, professional orientation, and
any other information deemed appropriate by the licensee.



4980.57.  (a) The board shall require a licensee who began graduate
study prior to January 1, 2004, to take a continuing education course
during his or her first renewal period after the operative date of
this section in spousal or partner abuse assessment, detection, and
intervention strategies, including community resources, cultural
factors, and same gender abuse dynamics. On and after January 1,
2005, the course shall consist of not less than seven hours of
training. Equivalent courses in spousal or partner abuse assessment,
detection, and intervention strategies taken prior to the operative
date of this section or proof of equivalent teaching or practice
experience may be submitted to the board and at its discretion, may
be accepted in satisfaction of this requirement.
   (b) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required under subdivision (c) of Section 4980.54.




4980.60.  (a) The board may adopt those rules and regulations as may
be necessary to enable it to carry into effect the provisions of
this chapter.  The adoption, amendment, or repeal of those rules and
regulations shall be made in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
   (b) The board may, by rules or regulations, adopt, amend, or
repeal rules of advertising and professional conduct appropriate to
the establishment and maintenance of a high standard of integrity in
the profession, provided that the rules or regulations are not
inconsistent with Section 4982.  Every person who holds a license to
practice marriage and family therapy shall be governed by the rules
of professional conduct.


4980.70.  Except as provided by Section 159.5, the board may employ
whatever additional personnel is necessary to carry out the
provisions of this chapter.


4980.80.  The board may issue a license to a person who, at the time
of application, has held for at least two years a valid license
issued by a board of marriage counselor examiners, marriage therapist
examiners, or corresponding authority of any state, if the education
and supervised experience requirements are substantially the
equivalent of this chapter and the person successfully completes the
board administered licensing examinations as specified by subdivision
(g) of Section 4980.40 and pays the fees specified. Issuance of the
license is further conditioned upon the person's completion of the
following coursework or training:
   (a) (1) An applicant who completed a two semester or three quarter
unit course in law and professional ethics for marriage, and family
therapists that included areas of study as specified in Section
4980.41 as part of his or her qualifying degree shall complete an
18-hour course in California law and professional ethics that
includes, but is not limited to, the following subjects: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, requirements of
the Health Insurance Portability and Accountability Act of 1996, dual
relationships, child abuse, elder and dependent adult abuse, online
therapy, insurance reimbursement, civil liability, disciplinary
actions and unprofessional conduct, ethics complaints and ethical
standards, termination of therapy, standards of care, relevant family
law, and therapist disclosures to patients.
   (2) An applicant who has not completed a two semester or three
quarter unit course in law and professional ethics for marriage and
family therapists that included areas of study as specified in
Section 4980.41 as part of his or her qualifying degree, shall
complete a two semester or three quarter unit course in California
law and professional ethics that includes, at minimum, the areas of
study specified in Section 4980.41.
   (b) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
   (c) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
   (d) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
   (e) (1) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
   (2) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
   (f) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (g) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (h) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.


4980.90.  (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to that required by this chapter and if the applicant has
gained a minimum of 250 hours of supervised experience in direct
counseling within California while registered as an intern with the
board.  The board shall consider hours of experience obtained in
another state during the six-year period immediately preceding the
applicant's initial licensure by that state as a marriage and family
therapist.
   (b) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed all of the following:
   (1) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors
that shall include areas of study as specified in Section 4980.41.
   (2) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
   (3) A minimum of 10 contact hours of training or coursework in
sexuality as specified in Section 25 and any regulations promulgated
thereunder.
   (4) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
   (5) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
   (B) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
   (6) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (7) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
   (8) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
   (c) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant meets both of the following requirements:
   (1) The applicant has been granted a degree in a single integrated
program primarily designed to train marriage and family therapists.

   (2) The applicant's education meets the requirements of Sections
4980.37 and 4980.40. The degree title need not be identical to those
required by subdivision (a) of Section 4980.40. If the applicant's
degree does not contain the content required by Section 4980.37 or
the overall number of units required by subdivision (a) of Section
4980.40, the board may, in its discretion, accept the applicant's
education as substantially equivalent if the following criteria are
satisfied:
   (A) The applicant's degree contains the required number of
practicum units and coursework required in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment as specified in Section 4980.40.
   (B) The applicant remediates his or her specific deficiency by
completing the course content required by Section 4980.37 or the
units required by subdivision (a) of Section 4980.40.
   (C) The applicant's degree otherwise complies with this section.




4981.  This article applies to licenses to engage in the business of
marriage and family therapy, and does not apply to the licenses
provided for in Article 5 (commencing with Section 4986) except that
the board shall have all powers provided in this article not
inconsistent with this chapter.