Cal. Bus. & Prof. Code § 4996.20

Current through the 2023 Legislative Session.
Section 4996.20 - "Supervisor" and "supervision" defined
(a)"Supervisor," as used in this chapter, means an individual who meets all of the following requirements:
(1)Has held an active license for at least two years within the five-year period immediately preceding any supervision as either:
(A)A licensed professional clinical counselor, licensed marriage and family therapist, psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900), licensed clinical social worker, licensed educational psychologist, or equivalent out-of-state license. A licensed educational psychologist may only supervise the provision of educationally related mental health services that are consistent with the scope of practice of an educational psychologist, as specified in Section 4989.14.
(B)A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology or an out-of-state licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(2)For at least two years within the five-year period immediately preceding any supervision, has practiced psychotherapy, provided psychological counseling pursuant to paragraph (5) of subdivision (a) of Section 4989.14, or provided direct clinical supervision of psychotherapy performed by associate clinical social workers, associate marriage and family therapists or trainees, or associate professional clinical counselors. Supervision of psychotherapy performed by a social work intern or a professional clinical counselor trainee shall be accepted if the supervision provided is substantially equivalent to the supervision required for registrants.
(3)Has received training in supervision as specified in this chapter and by regulation.
(4)Has not provided therapeutic services to the supervisee.
(5)Has and maintains a current and active license that is not under suspension or probation as one of the following:
(A)A marriage and family therapist, professional clinical counselor, clinical social worker, or licensed educational psychologist issued by the board.
(B)A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(C)A physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology.
(6)Is not a spouse, domestic partner, or relative of the supervisee.
(7)Does not currently have or previously had a personal, professional, or business relationship with the supervisee that undermines the authority or effectiveness of the supervision.
(b)As used in this chapter, the term "supervision" means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. Consultation or peer discussion shall not be considered supervision and shall not qualify as supervised experience.

"Supervision" includes, but is not limited to, all of the following:

(1)Ensuring the extent, kind, and quality of counseling performed is consistent with the education, training, and experience of the supervisee.
(2)Monitoring and evaluating the supervisee's assessment, diagnosis, and treatment decisions and providing regular feedback.
(3)Monitoring and evaluating the supervisee's ability to provide services at the site or sites where the supervisee is practicing and to the particular clientele being served.
(4)Monitoring and addressing clinical dynamics, including, but not limited to, countertransference-, intrapsychic-, interpersonal-, or trauma-related issues that may affect the supervisory or the practitioner-patient relationship.
(5)Ensuring the supervisee's compliance with laws and regulations governing the practice of clinical social work.
(6)Reviewing the supervisee's progress notes, process notes, and other patient treatment records, as deemed appropriate by the supervisor.
(7)With the client's written consent, providing direct observation or review of audio or video recordings of the supervisee's counseling or therapy, as deemed appropriate by the supervisor.

Ca. Bus. and Prof. Code § 4996.20

Amended by Stats 2022 ch 511 (SB 1495),s 30, eff. 1/1/2023.
Amended by Stats 2019 ch 321 (AB 1651),s 7, eff. 1/1/2020.
Added by Stats 2018 ch 743 (AB 93),s 29, eff. 1/1/2019.