BILL ANALYSIS
AB 1486
Page 1
ASSEMBLY THIRD READING
AB 1486 (Charles Calderon)
As Amended June 1, 2007
Majority vote
BUSINESS & PROFESSIONS 10-0 APPROPRIATIONS 16-1
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|Ayes:|Eng, Emmerson, Bass, |Ayes:|Leno, Caballero, Davis, |
| |Carter, Hayashi, | |DeSaulnier, Emmerson, |
| |Hernandez, Horton, Maze, | |Huffman, Karnette, |
| |Price, Torrico | |Krekorian, La Malfa, |
| | | |Lieu, Ma, Nakanishi, |
| | | |Nava, Sharon Runner, |
| | | |Solorio, Feuer |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Walters |
| | | | |
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SUMMARY : Provides for the licensing and regulation of
professional counselors by the Board of Behavioral Sciences
(Board). Specifically, this bill :
1)Creates the Licensed Professional Counselors Act (Act) that
provides for the licensing and regulation of Licensed
Professional Counselors (LPCs), as defined, by the Board.
2)Defines professional counseling as the application of
psychotherapeutic techniques, and health or human development
principles, through assessment, cognitive, affective,
behavioral, verbal or nonverbal, or systemic intervention
strategies, consistent with scope, coursework and training
required by the Act, and that address wellness, personal
growth, adjustment to disability, crisis intervention, as well
as pathology, and empower individuals to deal adequately with
life situations, reduce stress, experience growth, and make
well informed, rational decisions.
3)Excludes from the provisions of the Act:
a) Persons who do not use the title "professional
counselor" or represent themselves as licensed to practice
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professional counseling;
b) Persons who do not practice professional counseling
services;
c) Any priest, rabbi, or minister of the gospel of any
religious denomination who performs counseling services as
part of his or her pastoral or professional duties;
d) Any person who is admitted to practice law in this
state, or is licensed to practice medicine, and who
provides services as part of his or her professional
practice; and,
e) 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 preformed 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.
4)Specifies educational and experience requirements for
applicant qualification, including a master's or doctor's
degree from an accredited or state approved school in
counseling or a closely related subject.
5)Provides that the Board shall make the final determination as
to whether a degree meets all requirements, including, but not
limited to, course requirements, regardless of accreditation.
6)Permits the Board to issue an LPC license to any person who
has held for at least two years a valid license as a
professional counselor, or an equivalent title, in another
jurisdiction of the United States, if:
a) The education and supervised experience requirements are
substantially equivalent;
b) The applicant has passed an examination required by the
Board; and,
c) The applicant pays the required fees.
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7)States that it is the intent of the Legislature that a
national licensing examination be evaluated by the Board as a
requirement for LPC Licensure.
8)Permits the Board, under the grandparenting provision, to
issue an LPC license to any person who meets specified
education, coursework, experience, and examination
requirements between October 1, 2008 and March 31, 2009, and
requires specified documentation to be provided to the Board
within 12 months for evaluation.
9)Provides that a license issued pursuant to the grandparenting
provision of this bill shall be valid for six years from the
date of issuance, and upon application for renewal, requires
the applicant to pass an examination approved by the Board.
10)Requires the Board to accept applications for LPC intern
registration on January 1, 2009.
11)Requires the Board to accept applications for LPC licensure
beginning January 1, 2010.
12)Requires the Board to report each month to the State
Controller the amount and source of all revenue received under
the Act and deposit the entire amount in the State Treasury
for credit to the Behavioral Sciences Fund (Fund).
13)Provides that the Board is not required to implement the
provisions of this bill until funds have been appropriated
from the Fund, as a loan, by the Legislature.
14)Requires the Governor to appoint two LPCs to the Board, and
two additional public members.
EXISTING LAW :
1)Authorizes the Board of Behavioral Sciences within the
Department of Consumer Affairs to license and regulate the
practice of psychotherapy preformed by psychologists (LEPs),
licensed clinical social workers (LCSWs), and marriage and
family therapists (MFTs).
2)Defines a psychotherapist as a physician and surgeon
specializing in psychiatry or practicing psychotherapy, a
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psychologist, a clinical social worker, a marriage and family
therapist, a psychological assistant, a marriage and family
therapist registered intern or trainee, or an associate
clinical social worker.
3)Establishes the following general requirements for licensure
of psychotherapists:
a) A graduate degree from an accredited school in a related
clinical field;
b) Extensive hours of supervised experience gained over
years;
c) Registration with the Board while gaining the supervised
experience; and,
d) Standard and Clinical Vignette licensing examinations.
4)Defines the practice of marriage and family therapy as 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.
5)Defines the practice of clinical social work as service in
which a special knowledge of social resources, human
capabilities, and the part that unconscious motivation plays
in determining behavior, and service that is directed at
helping people achieve more adequate, satisfying, and
productive social adjustments.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the Board estimates creating this licensing category
will require approximately $525,000 for the first year, with
annual costs of $850,000. The Board also estimates that revenue
generated by licensing fees will almost offset the cost of this
bill in the first year. For the long-term, however, the Board
estimates the LPC category will generate almost $1.6 million in
fee revenue per year, almost two times the cost of the program.
COMMENTS :
Background: The California Coalition for Counselor Licensure
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(CCCL), the sponsor of this bill, has identified a number of
workforce issues that they believe licensure of LPCs would
address. They cite the 2003 California Workforce Initiative
report entitled The Mental Health Workforce: Who's Meeting
California Needs? that stated that unlicensed providers are
meeting much of the mental health needs of Californians, and the
problem is obtaining third-party reimbursement. CCCL also
explains that there is a shortage of mental health providers in
rural areas to treat Medi-Cal beneficiaries, and this shortage
could increase due to the passage of Proposition 63, which
potentially will double the number of clients served.
Proposition 63, the Mental Health Services Act (MHSA), passed in
2004, expands mental health care for children and adults through
a 1% tax on taxable personal income over $1 million.
Recent news articles have reported that many counties are
receiving money from MHSA, far beyond what was projected. Yet,
counties are finding it hard to recruit qualified staff.
According to CCCL "in terms of sheer numbers, the MFTs and LCSWs
can fill the position, however they are not filling those
positions currently. LPCs curricula prepare them to readily
adapt to the needs of the public mental health system under the
principles of MHSA."
Background provided by the author's office states that
master-level counselors are employed in 36 county mental health
departments throughout the state, yet, without a license, there
are limits to the services they can provide and the county
cannot receive reimbursement unless the counselor is licensed.
According to CCCL "?48 other states license Professional
Counselors, and the 49th state, Nevada, has introduced
legislation this year to do the same. LPCs are masters and
doctoral-level mental health service providers, who treat
mental, behavioral, and emotional problems and disorders."
Similar legislation: AB 894 (La Suer), of 2005, similarly
provided for the licensing and regulation of professional
counselors by the Board. AB 894 was held in the Assembly
Appropriations Committee. The sponsor of AB 894, also CCCL, has
worked with a number of stakeholders during the last year and
substantially amended the original language contained in AB 894
to address many concerns of the opposition. AB 1486 is a
product of negotiations between the proponents and opponents of
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AB 894, although some opposition remains.
Subject heard by the Joint Committee in 2006: The issues
presented in AB 894 were part of "Sunrise Review" by the Joint
Committee on Boards, Commissions, and Consumer Protection (Joint
Committee) in 2006. However, the Joint Committee was unable to
reach a consensus necessary to either support or oppose the
licensure and regulation of professional counselors.
Support: According to the American Association of State
Counseling Boards (AASCB), in support of this bill, "States have
been licensing professional counselors for thirty years.
Currently over 100,000 masters and doctoral-degreed professional
counselors are licensed to practice independently in 48 states
and the District of Columbia." AASCB continues, "AB 1486
closely follows the requirements used by other states for
licensure of professional counselors. Requirements include
educational standards, post-degree supervision, a standard
national examination, and provisions for ongoing continuing
education. As with other health and social services
professions, states have adopted such requirements in order to
protect the public and to endure a minimum level of competence
for individuals seeks counseling."
Opposition: The California Psychological Association (CPA)
oppose this bill unless amended to address their concerns. CPA
writes that while it is not opposed to licensure for counselors,
it does "have concerns about the provisions in AB 1486 related
to degrees qualifying for the counselor license, and with
aspects of the scope of practice that are not adequately
supported by the required education and training." Furthermore
CPA states that there does not seem to be a consumer protection
rationale to justify the creation of a new licensed mental
health practitioner."
The American Association for Marriage and Family
Therapy-California Division writes that it is in opposition to
this bill "because it does nothing to enhance the quality of
mental health services in the State of California and imposes a
financial burden on the Behavioral Science Fund."
Analysis Prepared by : Tracy Rhine / B. & P. / (916) 319-3301
FN: 0001370
AB 1486
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