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, family,
and child counselors 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, family, and
child counseling as defined by Section 4980.02, unless he or she
holds a valid license as a marriage, family, and child counselor, 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, family, and child counseling
but may not advertise that they hold the marriage, family, and child
counselor'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) This chapter shall not apply to an employee of a governmental
entity or of a school, college, or university, or of an institution
both nonprofit and charitable if his or her practice is performed
solely under the supervision of the entity, school, or organization
by which he or she is employed, and if he or she performs those
functions as part of the position for which he or she is employed.
   (d) 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, family,  and child counseling 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 applications of marriage, family, and child counseling
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, and the provision of
explanations and interpretations of the psychosexual and psychosocial
aspects of relationships.



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 masters 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.



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, family, and
child counseling who performs or offers to perform or holds himself
or herself out as able to perform such a 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, family, and
child counseling 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, family, and child counselors,
clinical social workers, and educational psychologists.
   (b) The development and administration of written and oral
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,
family, and child counseling 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, family, and child counseling 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, family, and child counselor.



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, family, and child
counselors, 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, family, and child
counselors.
   (7) Prepare students to be familiar with cross-cultural 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 practica
required by subdivision (b) of Section 4980.40 to include marriage,
family, and child counseling 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 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.
   (c) An applicant for an intern registration who has completed a
program to update his or her degree in accordance with subdivision
(k) of Section 4980.40 shall furnish to the board certification by
the chief academic officer of a school, college, or university
accredited by the Western Association of Schools and Colleges, or
from a school, college, or university meeting accreditation standards
comparable to those of the Western Association of Schools and
Colleges, that the applicant has successfully completed all academic
work necessary to comply with the current educational requirements
for licensure as a marriage, family, and child counselor.




4980.40.  To qualify for a license, an applicant shall have all the
following qualifications:
   (a) Applicants applying for licensure on or after January 1, 1988,
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. For purposes of
this chapter, the term "approved by the Bureau for Private
Postsecondary and Vocational Education" shall  mean unconditional
approval existing at the time of the applicant's graduation from the
school, college, or university.  In order to qualify for licensure
pursuant to this subdivision, any 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, family, and child
counseling, 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, family, and
child counselor.
   (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) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
   (B) 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' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage, family, and child counseling and
psychotherapy under the supervision of a licensed marriage, family,
and child counselor, licensed clinical social worker, licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology.  Experience shall not be
gained under the supervision of an individual who has provided
therapeutic services to that applicant.  For those supervisorial
relationships in effect on or before December 31, 1988, and which
remain in continuous effect thereafter, experience may be gained
under the supervision of a licensed physician who has completed a
residency in psychiatry.  Any person supervising another person
pursuant to this subdivision shall have been licensed or certified
for at least two years prior to acting as a supervisor, shall have a
current and valid license that is not under suspension or probation,
and shall meet the requirements established by regulations.
   (g) The applicant shall pass a written examination and an oral
examination conducted by the board or its designees.
   (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 any 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) (1) An applicant applying for intern registration who, prior
to December 31, 1987, met the qualifications for registration, but
who failed to apply or qualify for intern registration may be granted
an intern registration if the applicant meets all of the following
criteria:
   (A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Sciences.
   (B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
   (C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western Association of Schools and Colleges that the chief
academic officer of the educational institution has, pursuant to
subparagraph (B), certified will meet the current educational
requirements when considered in conjunction with the original degree.

   (2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.



4980.41.  All applicants for licensure shall complete the following
coursework or training in order to be eligible to sit for the
licensing examinations:
   (a) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors,
which shall include, but is not 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, family, and
child counseling, 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 requirement 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) Except for persons who began graduate study prior to 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) Except for persons who began graduate study prior to January
1, 1995, a master's or doctor's degree qualifying for licensure shall
include coursework in spousal or partner abuse assessment,
detection, and intervention.  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 in spousal or partner abuse
detection and treatment 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) Except for persons who began graduate study prior to 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) Except for persons who began graduate study prior to 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) For all applicants, a minimum of two calendar years of
supervised experience is required, which experience shall consist of
3,000 hours obtained over a period of not less than 104 weeks.  Not
less than 1,500 hours of experience shall be gained subsequent to the
granting of the qualifying master's or doctor's degree.  For those
applicants who enroll in a qualifying degree program on or after
January 1, 1995, not more than 750 hours of counseling and direct
supervisor contact may be obtained prior to the granting of the
qualifying master's or doctor's degree.  However, this limitation
shall not be interpreted to include professional enrichment
activities.  Except for personal psychotherapy hours gained after
enrollment and commencement of classes in a qualifying degree
program, no hours of experience may be gained prior to becoming a
trainee.  All experience shall be gained within the six years
immediately preceding 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.
   (b) All applicants 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, family, and child counseling.  Experience shall be gained
by interns and trainees either as an employee or as a volunteer in
any allowable work setting specified in this chapter.  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 for each week of experience claimed.  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.  A
person gaining postdegree experience 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.  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.  The contact may be counted toward the experience
requirement for licensure, up to the maximum permitted by subdivision
(d).  All experience gained by a trainee shall be monitored by the
supervisor as specified in 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) The experience required by Section 4980.40 shall include
supervised marriage, family, and child counseling, and up to
one-third of the hours may include direct supervisor contact and
other professional enrichment activities.
   (2) "Professional enrichment activities," for the purposes of this
section, may include group, marital or conjoint, family, or
individual psychotherapy received by an applicant.  This
psychotherapy may include up to 100 hours taken subsequent to
enrolling and commencing classes in a qualifying degree program, or
as an intern, and each of those hours shall be triple counted toward
the professional experience requirement.  This psychotherapy shall be
performed by a licensed marriage, family, and child counselor,
licensed clinical social worker, licensed psychologist, licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology, or a licensed physician who has completed a residency
in psychiatry.
   (e) The experience required by Section 4980.40 may be gained as a
trainee in the following settings:  a governmental entity, a school,
college or university, a nonprofit and charitable corporation, a
licensed health facility, as defined in Sections 1250, 1250.2, and
1250.3 of the Health and Safety Code, a social rehabilitation
facility or a community treatment facility, as defined in subdivision
(a) of Section 1502 of the Health and Safety Code, a pediatric day
health and respite care facility, as defined in Section 1760.2 of the
Health and Safety Code, or a licensed alcoholism or drug abuse
recovery or treatment facility, as defined in Section 11834.02 of the
Health and Safety Code, if the experience is gained by the trainee
solely as part of the position for which he or she is employed.
   (f) The experience required by Section 4980.40 may be gained as an
intern as specified in subdivision (e), or when employed in a
private practice owned by a licensed marriage, family, and child
counselor, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.  Employment in a
private practice setting shall not commence until the applicant has
been registered as an intern.  When an intern is employed in a
private practice setting by any licensee enumerated in this section,
or by a professional corporation of any of those licensees, the
intern shall be under the direct supervision of a licensee enumerated
in subdivision (f) of Section 4980.40 who shall be employed by and
practice at the same site as the intern's employer.  An intern
employed in a private practice setting shall not pay his or her
employer for supervision.  While an intern may be either a paid
employee or a volunteer, employers are encouraged to provide fair
remuneration.
   (g) All interns shall register with the board in order to be
credited for postdegree hours of experience gained toward licensure,
regardless of the setting where those hours are to be gained.  Except
as provided in subdivision (h), all postdegree hours shall be gained
as a registered intern.
   (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 doctor's degree
and is thereafter granted the intern registration by the board.
   (i) Trainees and interns shall not receive any remuneration from
patients or clients, and shall only be paid by their employer.
   (j) Trainees and interns shall only perform services at the place
where their employer regularly conducts 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 the employer's business.
   (k) An intern or trainee who provides volunteered services or
other services, and who receives no more than a total, from all work
settings, of five hundred dollars ($500) per month as reimbursement
for expenses actually incurred by that intern or trainee 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 applicant shall have the burden of demonstrating
that the payments received were for reimbursement of expenses
actually incurred.
   (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.



4980.44.  (a) An unlicensed marriage, family, and child counselor
intern employed under this chapter shall:
   (1) Have earned at least a master's degree as specified in Section
4980.40.
   (2) Be registered with the board prior to the intern performing
any duties, except as otherwise provided in subdivision (e) of
Section 4980.43.
   (3) File for renewal of registration annually for a maximum of
five years after initial registration with the board.  Renewal of
registration shall include filing an application for renewal, paying
a renewal fee of seventy-five dollars ($75), and notifying the board
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been
taken by any regulatory or licensing board in this or any other
state, subsequent to the registrant's last renewal.
   (4) 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, family, and child counselor,
licensed clinical social worker, licensed psychologist, licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology, or a licensed physician who has completed a residency
in psychiatry and who is described in subdivision (f) of Section
4980.40, whichever is applicable.  Continued employment as an
unlicensed marriage, family, and child counselor intern shall cease
after six years unless the requirements of subdivision (b) are met.
No registration shall be renewed or reinstated beyond the six years
from initial issuance regardless of whether it has been revoked.
   (b) When no further renewals are possible, either because the
applicant has exhausted the number of renewals available or because
of the repeal of Section 4980.44, as amended by Chapter 1114 of the
Statutes of 1991, an applicant may apply for and obtain new intern
registration status if the applicant meets the educational
requirements for registration in effect at the time of the
application for a new intern registration.  An applicant who is
issued a subsequent intern registration pursuant to this subdivision
may be employed or volunteer in all allowable work settings except in
private practice, and shall fulfill all of the required hours of
experience for licensure within that intern registration period.
Hours of experience fulfilled under a prior intern registration shall
not be used to satisfy licensure requirements.



4980.45.  (a) A licensed professional in private practice who is a
marriage, family, and child counselor, a psychologist, a clinical
social worker, a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology, or a licensed physician
who has completed a residency in psychiatry and who is described in
subdivision (f) of Section 4980.40 may supervise or employ, at any
one time, no more than two unlicensed marriage, family, and child
counselor registered interns in that private practice.
   (b) A marriage, family, and child counseling corporation may
employ, at any one time, no more than two registered interns for each
employee or shareholder who is qualified to provide supervision
pursuant to subdivision (f) of Section 4980.40.  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, family, and child counseling corporation shall be
subject to all laws and regulations governing experience and
supervision gained in a private practice setting.




4980.46.  Any licensed marriage, family, and child counselor who
conducts a private practice under a fictitious business name shall
not use any name which 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, family, and child
counselor, 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.  Every applicant who meets the educational and experience
requirements and applies for a license as a marriage, family, and
child counselor 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.
   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 which would constitute
grounds to deny licensure.
   The board shall not deny any applicant, whose application for
licensure is complete, admission to the written examination, nor
shall the board postpone or delay any applicant's written examination
or delay informing the candidate of the results of any written
examination, solely upon the receipt by the board of a complaint
alleging acts or conduct which would constitute grounds to deny
licensure.
   If an applicant for examination who has passed the 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 oral 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.
   Notwithstanding Section 135, the board may deny any applicant who
has previously failed either the written or oral 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.
   Notwithstanding any other provision of law, the board may destroy
all written and oral examination materials two years following the
date of the examination.
   On or after January 1, 2002, no applicant shall be eligible to
participate in an oral examination if his or her passing score on the
written examination occurred more than seven years before.
   An applicant who has qualified pursuant to this chapter shall be
issued a license as a marriage, family, and child counselor 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 and, if he or she passes those
examinations, to begin practice.
   (b) In order to continuously improve the competence of licensed
marriage, family, and child counselors 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) (1) Except as provided in subdivision (e), on and after
January 1, 2000, 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, family, and child counseling in the preceding two
years, as determined by the board.
   (2) For those persons renewing during 1999, 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 18 hours of approved continuing
education in or relevant to the field of marriage, family, and child
counseling, as determined by the board.  The coursework of continuing
education described in this paragraph may be taken on or after the
effective date of the continuing education regulations adopted by the
board pursuant to the other provisions of this section.
   (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, family, and child counseling
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.
   (3) 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), 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.
   (g) 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, family, and child
counseling.
   (2) Aspects of the discipline of marriage, family, and child
counseling in which significant recent developments have occurred.
   (3) Aspects of other disciplines that enhance the understanding,
or the practice, of marriage, family, and child counseling.
   (h) A system of continuing education for licensed marriage,
family, and child counselors shall include courses directly related
to the diagnosis, assessment, and treatment of the client population
being served.
   (i) The board shall submit a report to the Legislature no later
than January 1, 2001, evaluating the progress of continuing education
required by this section, and making recommendations therefor.
   (j) On and after January 1, 1997, the board shall, by regulation,
fund the administration of this section through continuing education
provider fees to be deposited in the Behavioral Science Examiners
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, family, and child counselors 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 encourage marriage, family, and child
counselors to take continuing education classes in spousal or partner
abuse assessment, detection, and intervention.
   (b) In the event the board establishes a requirement for
continuing education coursework in spousal or partner abuse detection
or treatment, that requirement shall be met by each licensee within
no more than four years from the date the requirement is imposed.
   (c) This section shall only become operative if Senate Bill 404,
adding Sections 4980.56 and 4996.22, is enacted and takes effect on
or before January 1, 1995.



4980.60.  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.
   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 such rules or regulations are not inconsistent
with Section 4982.  Every person who holds a license to practice
marriage, family, and child counseling shall be governed by such
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 any 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
written and oral licensing examinations administered in this state
and pays the fees specified.  Issuance of the license is further
conditioned upon the person's completion of the following coursework
or training:
   (a) 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.
   (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) 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.
   (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.
   (b) Education gained 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) 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.
   (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 has been granted a degree in a single integrated program
primarily designed to train marriage, family, and child counselors
and if the applicant's education meets the requirements of Sections
4980.37 and 4980.40.  The degree title and number of units in the
degree program need not be identical to those required by subdivision
(a) of Section 4980.40.  If the applicant's degree does not contain
the 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 applicant's degree otherwise
complies with this section and the applicant completes the units
required by subdivision (a) of Section 4980.40.



4981.  This article applies to licenses to engage in the business of
marriage, family, and child counseling, 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.