BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2167|
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                                 THIRD READING


          Bill No:  AB 2167
          Author:   Nava (D)
          Amended:  8/12/10 in Senate
          Vote:     21

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE  :  6-1,  
            6/28/10
          AYES:  Negrete McLeod, Aanestad, Calderon, Corbett, Florez,  
            Yee
          NOES:  Correa
          NO VOTE RECORDED:  Wyland, Walters
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  68-1, 5/17/10 - See last page for vote


           SUBJECT  :    Clinical social workers:  examination  
          requirements

           SOURCE  :     National Association of Social Workers,  
          California Chapter 


           DIGEST  :    This bill establishes new examination  
          requirements for applicants seeking licensure as clinical  
          social workers.

           Senate Floor Amendments  of 8/12/10 add double-jointing  
          language with 
          SB 1489 (Senate Business, Professions and Economic  
          Development Committee) and AB 2191 (Emmerson).
                                                           CONTINUED





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           ANALYSIS  :    

          Existing law:

          1. Licenses and regulates clinical social workers (LCSWs)  
             by the Board of Behavioral Sciences (BBS) within the  
             Department of Consumer Affairs.  The BBS also licenses  
             and regulates marriage and family therapists (MFTs),  
             licensed educational psychologists (LEPs), and beginning  
             January 1, 2012, professional clinical counselors  
             (LPCCs).

          2. Requires the BBS to issue an LCSW license to each  
             applicant meeting specified requirements who passes  
             BBS-administered written or oral examination or both  
             examinations, as specified.

          3. Requires the BBS to establish fee amounts at or below  
             specified maximum amounts, including $150 for the  
             standard written examination, and $100 for the clinical  
             vignette written examination.

          This bill:

          1. Revises and recasts the requirements for LCSW licensure  
             to repeal (sunset) on January 1, 2014, the current  
             examination requirements.

          2. Requires the BBS, beginning January 1, 2014, to issue an  
             LCSW license to each qualified applicant, as specified,  
             who passes the following examinations:

                   The Association of Social Work Boards (ASWB)  
                Clinical Level Exam administered by the ASWB.

                   A California jurisprudence and ethics examination  
                incorporated or developed and administered by the  
                BBS.

          3. Revises and recasts the examination fees above to  
             instead authorize the BBS to set a fee of up to $100 for  
             the California jurisprudence and ethics examination,  
             commencing January 1, 2014, and requires the fees to be  







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             based on the actual cost of developing and administering  
             the examination.

          4. Provides that items #1, #2 , and #3 above shall become  
             operative on January 1, 2014, only if the BBS makes the  
             determination by regulation, by December 1, 2013, that  
             the ASWB Clinical Level Exam meets the prevailing  
             standards for validation and use of the licensing and  
             certification tests in California.

          5. Requires BBS to immediately post that determination on  
             the main page of its Internet Web site.

          6. Makes technical and conforming changes.

          7. Contains double-jointing language with SB 1489 (Senate  
             Business, Professions and Economic Development  
             Committee) and AB 1489 (Emmerson).

           Background
           
          The BBS was a member of ASWB from October 1991 through  
          March 1999, and required the ASWB Clinical level  
          examination, along with a state-constructed oral  
          examination for licensure of clinical social workers.   
          However, around 1998, the BBS and the Department of  
          Consumer Affairs, Office of Examination Resources (OER)  
          began having concerns regarding the ASWB examination.   
          Based on these concerns, and the results of a new  
          California occupational analysis, the BBS determined that  
          there was a need for a state-constructed written  
          examination.  The new California written examination was  
          administered beginning in late spring 1999.

          In 2008, the BBS formed the Examination Program Review  
          Committee (EPRC) to engage in a review of the BBS's  
          examination programs for all licensing types.  The BBS also  
          hired a consultant to perform an audit of the ASWB LCSW  
          exam plan.  BBS staff has been working with ASWB to address  
          areas of concern identified by the audit.

           ASWB  .  ASWB is an association of boards that regulate  
          social work.  ASWB develops and maintains the social work  
          licensing examinations used across the country and in  







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          several Canadian provinces, and is a central resource for  
          information on the legal regulation of social work.  ASWB  
          indicates that it has recently completed an analysis of the  
          practice of social work in the United States and Canada.   
          This research has led to a revision of examinations  
          beginning January 1, 2011. The revisions will not  
          significantly change the content of the examinations, but  
          will result in reorganization of the test content.

           National Health Service Corps (NHSC) Loan Repayment  
          Program  .  The sponsor has indicated that the since  
          California does not accept the national exam administered  
          by the ASWB for LCSW licensure, California LCSWs are  
          effectively ineligible for the federal NHSC Loan Repayment  
          program.  

          The NHSC, through scholarship and loan repayment programs,  
          helps Health Professional Shortage Areas (HPSAs) in the  
          United States get needed medical, dental, and mental health  
          providers to meet health care needs.  Since 1972, more than  
          30,000 clinicians have served in the Corps, expanding  
          access to health care services and serving people who live  
          in urban and rural areas where health care is scarce.

          The NHSC Loan Repayment Program offers primary care  
          physicians, family nurse practitioners, certified nurse  
          midwives, physician assistants, dentists, dental  
          hygienists, and certain mental health clinicians $50,000 to  
          repay student loans in exchange for two years serving in a  
          community-based site in a high-need HPSA.  The loan  
          repayment program recruits both clinicians just completing  
          training and experienced professionals to meet the  
          immediate need for care throughout the Nation.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/4/10)

          National Association of Social Workers, California Chapter  
          (source)
          Aging Services of California
          American Federation of State, County and Municipal  
          Employees







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          Association of Psychiatric Social Workers of Los Angeles  
          County
          Board of Behavioral Sciences
          California Mental Health Directors Association
          County Welfare Directors Association of California
          Greenlining Institute


           ARGUMENTS IN SUPPORT  :    In sponsoring the bill, the  
          National Association of Social Workers, California Chapter,  
          writes:  "There is a great need, especially in these bad  
          economic times, for social workers to work in underserved  
          areas, which contain ethnically diverse communities with  
          access to few, if any, qualified mental health  
          professionals.  The NHSC Loan Repayment Program can  
          reimburse qualified social workers up to $50,000 for their  
          education costs.  This goes a long way toward recruiting  
          talented students to the profession."

          The sponsor states that it is working with the BBS to make  
          sure the national examination is up to California  
          standards.  "The ASWB has already made changes to the exam  
          based on comments from the BBS, and the BBS will have the  
          final say on whether or not the national exam meets the  
          prevailing standards.  California is the only state that  
          does not use the national exam for licensure.  Therefore,  
          social workers from California are the only ones that are  
          shut out of the loan repayment program.  All other 49  
          states are confident that the national exam reflects  
          clinical social work as practiced in their state."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Arambula, Beall, Bill Berryhill,  
            Blakeslee, Block, Blumenfield, Bradford, Brownley,  
            Buchanan, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torres, Torrico, Tran, Villines,  







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            John A. Perez
          NOES:  Anderson
          NO VOTE RECORDED:  Bass, Tom Berryhill, Caballero, Charles  
            Calderon, DeVore, Furutani, Gaines, Silva, Torlakson,  
            Yamada, Vacancy


          JJA:mw  8/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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