California Regulations & LawAs They Apply to Supervision

Zur Institute, LLC

 

I. Requirements, Responsibilities and Qualifications for Psychology (with emphasis on California regulations)

1. Requirements:
   1. In order to become a Licensed Psychologist, applicants must accrue 3000 supervised clinical hours, 1500 of which must be accrued post-doctorally.
   2. Trainees must be under immediate supervision for the type, extent, and quality of clinical services provided during the course of their supervised experience.
   3. The limited services provided by the trainee must be in concert with the competencies and skills of the supervisor at all times. For example, if a trainee desires supervision of hypnosis, s/he must be supervised by a person certified in the delivery of hypnosis.
   4. Prior to the onset of the supervised experience, the supervisor and trainee must sign a supervision agreement or contract that contains the following elements:
      1. Capacity in which the trainee will be performing (intern, psychological assistant, etc.)
      2. Starting date of the supervised experience
      3. Anticipated completion date of the supervised experience
      4. Duties to be performed by the trainee
      5. Address of each location at which the specified duties will be performed
      6. Goals and objectives of the plan for supervised professional experience
      7. While not required by the BOP, it is also advisable to place in writing the ways by which the trainee will be evaluated throughout the supervised experience.

      The primary supervisor maintains the agreement during the course of the supervised experience. Upon completion, the supervisor and trainee sign the document and attach it to the Verification of Experience and send both to the Board in partial fulfillment of the Licensure requirements.

   5. At any one time, Psychologists may supervise 3 Psychological Assistants, 2 MFT trainees or interns, and 2 Social Work Associates.
   6. At any one time, psychological corporations may have as many as 10 Psychological Assistants.
   7. In private practice, trainees are not permitted to treat clients in any week during which face-to-face supervision is not provided by the supervisor.
   8. It follows then, that trainees may not accrue or count hours in any week during which they do not receive supervision from their supervisor.
   9. Primary supervisors may take up to two weeks of vacation while supervising trainees. During that vacation period, trainees may treat their clients under the supervision of a qualified supervisor (a clinician who meets all of the requirements of a primary supervisor), who is on site. If the vacation period is longer than two weeks, the trainee must apply for a second primary supervisor who can provide supervision during the period which the primary supervisor is away (i.e. maternity leave).
2. Responsibilities:
   1. Of Supervisor
      1. The supervisor must pay for the application and for any renewals for Registration for the prospective Psych Assistant.
      2. The supervisor must provide the trainee with the pamphlet, “Professional Therapy Never Includes Sex.”
      3. The supervisor must never engage in any exploitative or sexual relationship with the trainee.
      4. The supervisor must ensure that each prospective client of the Psych Assistant is informed in writing prior to the start of psychotherapy that his/her therapist is unlicensed, and is employed as a Psych Assistant by his/her supervisor (who is identified by name).
      5. The supervisor must monitor the progress and welfare of the trainee’s clients.
      6. The supervisor must have in place a plan for managing the client’s safety or welfare in the case of an emergency when the supervisor is not present.
      7. The supervisor is responsible for the collection of fees from the Psych Assistant’s clients. This does not mean that the supervisor must be present to collect each check in person. It simply means that all monies are turned in to the supervisor at the end of each business day, and all checks are made out in the name of the supervisor or the supervisor’s business.
      8. The supervisor must pay the trainee a salary (as a W-2 employee).
      9. The supervisor must be available to the trainee 100% of hours worked by the trainee, either in person or by electronic means.
      10. The supervisor must provide supervision at the rate of one hour per 10 hours worked by the trainee (in total, not solely client contact hours), with at least one hour provided in face-to-face supervision. If the trainee participates in group supervision, there is no limit to the number of trainees that comprise the group. Group supervision for post-doctoral trainees need not be longer than one hour in duration.
      11. The supervisor may not charge for supervision or office rent.
      12. The primary supervisor must monitor the supervision provided by any and all delegated supervisors.
      13. Delegated supervisors are no longer required to fulfill the on-going Continuing Education training for supervisors.
   2. Of Trainee
      1. The trainee may have no proprietary interest in the business of the supervisor.
      2. The trainee may not rent, lease, sub-lease, or purchase office space.
      3. The trainee must maintain a supervision log that includes the following:
         1. The name, registration number and dated signature of the trainee.
         2. Location of the specific work setting
         3. Specific dates for clinical hours as well as for supervision
         4. The total number of hours worked, clinical hours worked, and hours and type of supervision received each week (e.g. individual, group).
         5. The specific tasks performed during the course of the supervisory experience that week (e.g. administration, psychotherapy group, research, individual therapy).
         6. All supervisors (primary and delegated) names, licensure types, and dated signatures for each supervision occurrence.
         7. Attestation statement signed by supervisor that the information identified is accurate (this can be a sentence provided just before the supervisor’s signature line).
         8. Attestation statement that states that “All hours accrued by this trainee during this supervision period were at least minimally effective.”
3. Supervisor Qualifications:
   All Laws and Regulations for the State of CA for Supervisors of Psychological Assistants have been summarized below, but can also be viewed in full at the Board of Psychology website: https://www.psychboard.ca.gov/lawsregs/supervisedpe.pdf, https://www.psychboard.ca.gov/licensee/sup-psych-assist.shtml, and https://www.psychboard.ca.gov/lawsregs/supervisedpe.pdf
   1. A primary supervisor must be a Psychologist, or if a Psych Assistant should desire supervision from a Psychiatrist, the Psych Assistant may only accrue 750 supervised clinical hours from a Psychiatrist. Additional, delegated supervisors may be from other disciplines.
   2. During the course of the supervisory experience, the supervisor shall possess and maintain a valid, active license free of any formal disciplinary action, and will notify the trainee of any disciplinary action that affects his or her ability or qualifications to supervise. (Board of Psychology, 2004).
   3. A supervisor must be able to make objective evaluation of the trainee at all times. For this reason, it is inappropriate for the supervisor to have any additional relationship with the trainee (eg. friends should not supervise friends).
   4. A supervisor may not have any familial or interpersonal relationship with the trainee (especially former therapy between the two).
   5. The supervisor must receive six hours of formal training in supervision every two years. Any supervisor who is fulfilling that requirement for the first time must do so before the commencement of the supervised experience.

II. Requirements, Responsibilities and Qualifications for Marriage & Family Therapy (with emphasis on California regulations)

1. Requirements:
   1. The designation of the supervisee depends on the level of education and licensure status that the supervisee currently holds.
   2. The term “Trainee” refers to the supervisee who is currently enrolled in a Master’s or Doctoral program in Marriage & Family Therapy and is receiving supervision as a part of the requirements of that program. The trainee has completed no less than 12 semester or 18 quarter units of course work (Board of Behavioral Sciences, 2003).
   3. The term “Intern” refers to an unlicensed, but registered, individual who has completed a Master’s or Doctoral program in Marriage & Family Therapy and is receiving supervision as a part of the requirements for eventual licensure as a Marriage & Family Therapist.
   4. At any one time, MFTs can supervise 2 MFT interns or trainees, and 2 Social Work associates.
2. Responsibilities:
   1. Of Supervisor
      1. The supervisor must provide the supervisee with the pamphlet, “Responsibility Statement for Supervisors of Marriage, Family and Child Counselor Trainee or Intern.” A sample of this statement is available on the website for the Board of Behavioral Sciences at https://www.bbs.ca.gov/pdf/forms/mft/mfrespon.pdf.
      2. The supervisor must monitor the supervisee sufficiently in order to insure the scope, type and quality of the clinical performance of the supervisee.
      3. The supervisor must review with the supervisee the manner in which all emergencies will be managed.
      4. The supervisor must obtain the name, address and phone number of the most recent prior supervisor and employer (if any exists).
      5. In order to remain compliant with State Regulations, interns must ensure that all payment for their services be made payable to their supervisor. Payments for all services rendered by interns, including cash, checks and credit card charges, should be made available to the supervisor by the end of each work day.
      6. The supervisee may act as a W-2 employee or as a volunteer, but cannot be considered a private contractor at any time.
      7. If the supervisee acts as a volunteer, s/he must have a written agreement with the agency for which s/he volunteers, specifying the extent and scope of his/her work, and which identifies the work as unpaid.
      8. If the supervisory experience occurs within the private practice setting, the supervisor must practice at the same sight as the supervisee.
      9. The supervisor must provide supervision at the rate of one hour per 5 hours worked if the supervisee is a trainee. If the supervisee is a registered intern, the supervisor must provide one hour of supervision for every 10 hours worked by the supervisee, in not less than 104 weeks. The intern must receive at least one hour of face-to-face supervision for 52 weeks.
      10. A two hour supervision group (with 8 or less supervisees) counts as one hour of direct supervision contact.
      11. All supervised hours must be accrued within a 6 year period.
      12. The supervisor may not charge for supervision.
      13. The supervisor must give at least one week’s notice of intent to cancel supervision agreement.
   2. Of Supervisee
      1. The supervisee must apply to the Board to be an intern or trainee and must submit the “Responsibility Statement” for that supervision experience prior to the onset of employment.
      2. According to guidelines set in January, 2012 by the Board of Behavioral Psychology, unlicensed marriage and family therapist interns and trainees must provide each client or patient, prior to performing any professional services, with the following information (BPC §4980.44(c)): a. That he or she is an unlicensed marriage and family therapist registered intern (current law); b. His or her registration number (new provision); c. The name of his or her employer (new provision); and d. Indicate whether he or she is 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 (current law, but now the MFT intern must indicate the type of supervising licensee). 

         In addition, any advertisement by or on behalf of a marriage and family therapist intern or trainee must include, at a minimum, all of the following (BPC §4980.44(d)):
         a. That he or she is a marriage and family therapist registered intern or trainee;
         b. The registration number of the intern or trainee
         c. The name of his or her employer; and
         d. That he or she is supervised by a licensed person. 

         The use of the abbreviation “MFTI” in an advertisement is prohibited unless the title “marriage and family therapist registered intern” appears in the advertisement. (BPC §4980.44(d)(2)).

      3. The supervisee may have no proprietary interest in the business of the supervisor.
      4. The supervisee must maintain a supervision log of all hours worked. The log must be signed weekly by the supervisor. A sample of the weekly supervised experience log is presented at on the Board of Behavioral Sciences website at https://www.bbs.ca.gov/pdf/forms/lcs/aswlog.pdf.
3. Qualifications:
   All Laws and Regulations for the State of CA for Supervisors of Trainees and Interns have been summarized below, but can also be viewed in full at the Board of Behavioral Sciences website: https://www.bbs.ca.gov/pdf/regulation/2008/1833_changes.pdf
   1. In order to supervise a Trainee or Intern, a prospective supervisor must have been licensed for at least two years, and have a current CA license.
   2. The supervisor may be a Licensed Marriage & Family Therapist or other licensed professional approved by the Board. Other licensed professionals include Psychologists, Licensed Clinical Social Workers, and physicians certified in Psychiatry by the American Board of Psychiatry and Neurology.
   3. The supervisor must have practiced psychotherapy for at least two of the last five years.
   4. The supervisor may not be related by blood, marriage, intimate bond, or business to the supervisee as any and all of these relationships would impair the effectiveness of the supervision, as well as the perception of authority of the supervisor.
   5. The supervisor must receive six hours of formal training in supervision every two years.

III. Requirements, Responsibilities and Qualifications for Social Work (with emphasis on California regulations)

1. Requirements:
   The supervisor may provide supervision to the associate clinical social worker who is registered by the Board of Behavioral Sciences for the express purpose of accruing clinical hours to fulfill the requirement for licensure. At any one time, LCSWs may supervise 2 MFT interns or trainees, and 2 Social Work Associates.
   1. Responsibilities:
      1. Of Supervisor
         1. The supervisor must complete the “Responsibility Statement for Supervisors of an Associate Clinical Social Worker.” The Supervisor must send the original to the Board and must provide a copy to the supervisee. A sample of the “Responsibility Statement” is provided by the Board of Behavioral Sciences on their website at https://www.bbs.ca.gov/pdf/forms/lcs/lcrespon.pdf
         2. The supervisor and supervisee must develop a supervisory plan that identifies goals and objectives for the supervision experience. That plan must be submitted to the Board of Behavioral Sciences within 30 days of the onset of the supervisory experience.
         3. The supervisee may act as a W-2 employee or as a volunteer.
         4. If the supervisory experience occurs within the private practice setting, the supervisor must practice at the same site as the supervisee.
         5. If the supervision is not conducted in a private practice, and the supervisor is not employed by the same agency as the supervisee, the supervisor must have a written agreement with the supervisee’s employer.
         6. The supervisor must provide face-to-face supervision at the rate of one hour per every 10 client contact hours, for not less than 104 weeks. At least 50% of that face-to-face supervision must be provided as individual supervision.
         7. A two hour supervision group (with 8 or less supervisees) counts as one hour of direct supervision contact.
         8. The supervisor is responsible for monitoring the supervisee sufficiently so that s/he can insure the scope, type, and quality of the clinical services performed by the supervisee.
         9. The supervisor must regularly review the supervisee’s records to evaluate his/her clinical assessments and treatments.
         10. The supervisor must maintain regular assessment of the supervisee’s clinical skills and deficits.
         11. The supervisor is responsible for the collection of fees from the supervisee’s clients. The supervisee may not collect monies directly from his/her clients.
         12. The supervisor may not charge for supervision.
         13. The supervisor must give the supervisee at least one week’s written notice of the intent not to continue the supervision experience.
         14. The supervisor must complete the “Termination of Supervision” form at the completion of the supervised experience and submit the original signed form to the Board within 30 days of termination of supervision.
         15. The supervisor must complete a yearly assessment of the associate, and/or an evaluation of the associate at the completion or termination of the supervised experience.
      2. Of Supervisee
         1. The supervisee must apply to the Board and must pay the application and any annual renewal fee.
         2. The supervisee must inform each prospective client prior to the start of psychotherapy that s/he is unlicensed, and is being supervised.
         3. The supervisee may have no proprietary interest in the business of the supervisor.
   2. Qualifications:
      All Laws and Regulations for the State of CA for Supervisors of Associates have been summarized below, but can also be viewed in full at the Board of Behavioral Sciences website: https://www.bbs.ca.gov/pdf/regulation/2008/1833_changes.pdf
      1. In order to supervise an Associate Clinical Social Worker, a prospective supervisor must have been licensed for at least 2 years as a Social Worker or other licensed mental health professional approved by the Board.
      2. The supervisor must have practiced psychotherapy for at least two of the last five years.
      3. In order to maintain appropriate authority, the relationship between supervisor and supervisee must be free of any distractions. As such, a supervisor must not be related by blood, marriage, or intimate bond to the supervisee.
      4. The supervisor must receive fifteen hours of formal training in supervision, completed before the onset of the supervised experience.

IV. SB 822 SUPERVISOR IMMUNITY

On January 1, 2008, SB 822, officially became operative law. It will grant immunity to supervisors of graduate students who communicate relevant information to the graduate program about a student’s performance. This is the same immunity granted to individuals who communicate similarly with professional associations, the California Board of Psychology, and individuals in medical, dental, podiatric, and veterinary schools. This law will ensure that supervisors working in public service programs, as well as independent practitioners who supervise students in training, can provide honest, straightforward evaluative information about the student being supervised. To view text of this bill: click here.

V. Agencies & Licensing Boards Links

CA Board of Psychology: https://www.psychboard.ca.gov/

CA Board of Behavioral Sciences https://www.bbs.ca.gov/

CA Psychological Association https://www.cpapsych.org/

CA Association for Marriage & Family Therapy https://www.camft.org

National Association of Social Workers: CA chapter https://www.naswca.org/