Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) When a written oversight agreement is
required by section
4999.46.4 of the Code, the
agreement shall contain the following provisions and shall be executed as
described below.
(1) The written oversight
agreement shall be executed and signed prior to commencement of
supervision.
(2) The agreement
shall contain a statement from the supervisor agreeing to ensure that the
extent, kind, and quality of counseling performed by the supervisee is
consistent with the supervisee's training, education, and experience, and is
appropriate in extent, kind, and quality.
(3) The agreement shall contain an
acknowledgment by the supervisee's employer that the employer:
(A) Is aware of the licensing requirements
that must be met by the supervisee and that the employer agrees not to
interfere with the supervisor's legal and ethical obligations to ensure
compliance with those requirements;
(B) Agrees to provide the supervisor access
to clinical records of the clients counseled by the supervisee; and
(C) Is aware that the supervisor will be
providing clinical guidance and direction to the supervisee in order to ensure
compliance with the standards of practice of the profession, which include
legal requirements and professional codes of ethics, and agrees not to
interfere with this process.
(4) The supervisor shall provide the signed
agreement to the supervisee upon completion or termination of supervision. The
supervisee shall submit the agreement to the board upon application for
licensure.
(b)
Supervisors shall complete and submit a self-assessment report pertaining to
the licensee's qualifications to be a supervisor, as specified in section
1821.
(c)
(1)
Except as specified in subsection (c)(2), within 60 days of the commencement of
any supervision, the supervisor and supervisee shall sign a supervision
agreement, as specified in subsection (c)(3), under penalty of perjury. The
original signed supervisory agreement shall be retained by the supervisee and
submitted to the board with the supervisee's application for
licensure.
(2) A supervisor and a
supervisee who are in a supervisory relationship that existed prior to January
1, 2022 are not required to complete a supervision agreement. The supervisee
shall instead submit the previously required signed supervisor responsibility
statement with the application for licensure.
(3) The supervision agreement shall include
all of the following:
(A) The licensee's
qualifications to be a supervisor as specified in section
1821 and in section
4999.12 of the Code.
(B) The supervisor affirms an understanding
of the requirements pertaining to registration of the supervisee, acceptable
supervision practices, work settings, supervisee employment, and oversight of
supervisees as specified in sections
4999.46,
4999.46.1,
4999.46.2,
4999.46.3, and
4999.46.4 of the Code.
(C) The supervisor affirms an understanding
of the requirements pertaining to direct supervisor contact as specified in
section 4999.46.2 of the Code.
(D) The supervisor affirms an understanding
of the supervision documentation required by this section and the board's right
to audit a supervisor's compliance with the requirements specified in this
article and in the Code.
(E) The
supervisee affirms an understanding of all of the following:
1. Requirements pertaining to registration as
an associate as specified in section
4999.46 of the Code.
2. The supervisee's supervisor must hold a
current and active California license that is not under suspension or probation
while supervising in order for hours to count toward licensure as specified in
section 1821 and in section
4999.12 of the Code.
3. Requirements pertaining to documentation
of completed supervised experience as specified in this section.
4. Prohibited practices pertaining to
employment and supervisory relationships as specified in section
4999.46.3 of the Code.
5. The age limit pertaining to experience
hours as specified in section
4999.46 of the
Code.
(F) A supervisory
plan that describes the goals and objectives of supervision and whereby the
supervisor affirms an understanding of the responsibilities pertaining to
monitoring and evaluating the supervisee as specified in section
1821 and in section
4999.12 of the Code. This plan
shall be developed collaboratively by the supervisor and
supervisee.
(d)
Supervisees shall maintain a weekly log of all hours of experience gained
toward licensure. The log of hours must be signed by the supervisor on a weekly
basis. The supervisee shall retain the signed logs until such time as the
supervisee is licensed by the board. The board shall have the right to require
an applicant for licensure to submit all or such portions of the logs as it
deems necessary to verify hours of experience. The log shall include all of the
following:
(1) The name and address of the
supervisee's work setting.
(2)
Hours of experience gained per category as listed in sections
4999.46(c)(3),
4999.46(c)(5),
and 4999.46.2(b) of
the Code per week.
(3) Total hours
gained per week and in each category overall.
(e) Completed hours of experience shall be
documented at the completion or termination of supervision. Such documentation
shall be submitted to the board by the supervisee upon application for
licensure and shall include all of the following:
(1) The supervisor's telephone number and
license information.
(2) The
supervisee's employer's name, address, and telephone number.
(3) Whether the supervisee's work setting
complies with sections
4999.46.3 and
4999.46.4 of the Code.
(4) Documentation of employment or volunteer
status, as specified in section
4999.46.3 of the Code.
(5) The applicant's accumulated hours of
experience broken down by category as set forth in subsection (d)(2).
(6) The amount and type of supervision
provided to the applicant.
(7) The
dates during which the experience was gained.
(8) The supervisor's signature under penalty
of perjury.
1. New article
3 (sections
1820-1822) and section filed
5-24-2011; operative 5-24-2011 pursuant to Government Code section
11343.4
(Register 2011, No. 21). For prior history of article 3, see Register 83, No.
38.
2. Amendment of subsections (d)(4) and (e)(4) and amendment of
form "Weekly Summary of Experience Hours for Professional Clinical Counselor
Interns" (incorporated by reference) filed 11-30-2015; operative 1-1-2016
(Register 2015, No. 49).
3. Change without regulatory effect
amending section filed 8-29-2018 pursuant to section
100, title 1, California Code of
Regulations (Register 2018, No. 35).
4. Amendment of section
heading, section and NOTE filed 9-27-2021; operative 1-1-2022 (Register 2021,
No. 40). Transmission deadline specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections
4990.20
and
4999.48,
Business and Professions Code. Reference: Sections
4999.12,
4999.46,
4999.46.1,
4999.46.2,
4999.46.3,
4999.46.4,
4999.48
and
4999.50,
Business and Professions Code.
