BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 33
                                                                  Page  1

          Date of Hearing:   June 16, 2009

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                 Mary Hayashi, Chair
                      SB 33 (Correa) - As Amended:  June 8, 2009

           SENATE VOTE  :   36-0
           
          SUBJECT  :   Marriage and family therapy: licensure and  
          registration.

           SUMMARY  :   Recasts the educational curriculum requirements for  
          marriage and family therapists (MFTs), as specified.   
          Specifically,  this bill  :

          1)Recasts the required curriculum to obtain an MFT license  
            for persons who begin graduate study after August 1,  
            2012, and makes the following changes:

             a)   Increases the graduate degree's total unit  
               requirement from 48 to 60 semester units (72 to 90  
               quarter units).

             b)   Specifies fewer requirements for specific hours or  
               units for particular coursework within the curriculum  
               requirements, thereby allowing for flexibility and  
               innovation in curriculum design.

             c)   Revises the required practicum to:

               i)     Increase the face-to-face counseling hours from  
                 150 to 225 hours, and provide that 75 of those hours  
                 may be gained performing client centered advocacy.

               ii)    Require training in the applied use of theory  
                 and psychotherapeutic techniques, working with  
                 families, documentation skills, and how to find and  
                 use resources.

             d)   Recasts certain coursework requirements, such as  
               California law and ethics and child abuse assessment  
               and reporting, which are currently required prior to  
               licensure (and permitted to be taken outside of the  
               degree program) to instead be completed within the  
               degree program and thus, prior to registration as an  








                                                                  SB 33
                                                                  Page  2

               intern.

             e)   Requires various elements to be integrated  
               throughout the curriculum, including:  

               i)     Recovery oriented care and related methods of  
                 service delivery.

               ii)    Greater emphasis on understanding various  
                 cultures.

               iii)   Greater understanding of the impact of  
                 socioeconomic position.

               iv)    Provide students the opportunity to meet with  
                 consumers and family members.

             f)   Adds instruction in areas needed for practice in a  
               public mental health environment which may be provided  
               in credit level coursework or through extension  
               programs, including the following:

               i)     Case management;

               ii)    Working with the severely mentally ill; 

               iii)   Collaborative treatment; and,

               iv)    Disaster and trauma response.

             g)   Requires degree program content to include  
               instruction in:

               i)     Evidence based practices;

               ii)    End of life and grief;

               iii)   Behavioral addiction, substance abuse,  
                 co-occurring mental and addiction disorders;

               iv)    Human sexuality and psychosexual dysfunction;

               v)     Differences in legal and ethical standards for  
                 different types of work settings; and,









                                                                  SB 33
                                                                  Page  3

               vi)    Licensing law and licensing process.

          2)Specifies that applicants for licensure or registration  
            who begin graduate study before August 1, 2012 at a  
            school meeting previous MFT curriculum requirements must  
            graduate before December 31, 2018 in order to be eligible  
            for licensure or registration under this bill.

          3)Repeals the current MFT educational requirements January  
            1, 2019.

          4)Revises the requirements for persons who earned a degree  
            outside of California effective January 1, 2014,  
            including accepting substantially equivalent education  
            that meets the following: 

             a)   The degree meets the following minimum  
               requirements:

               i)     48 semester units (72 quarter units);

               ii)    6 semester units of practicum (9 quarter  
                 units);

               iii)   150 hours in practicum providing face-to-face  
                 counseling; and,

               iv)    12 semester units (18 quarter units) of  
                 marriage, family, and child counseling and related  
                 approaches to treatment.

             b)   The applicant remediates any deficiencies in  
               content and units.

             c)   The applicant completes credit level coursework in  
               the following areas:

               i)     Recovery oriented care;

               ii)    Understanding various California cultures and  
                 the social and psychological implications of  
                 socioeconomic position;

               iii)   Structured meetings with consumers and family  
                 members;








                                                                  SB 33
                                                                  Page  4


               iv)    Behavioral addiction;

               v)     Co-occurring mental health and substance abuse  
                 disorders; and,

               vi)    California law and ethics.

          5)Eliminates the requirement that an applicant licensed as  
            an MFT for less than two years in another state complete  
            250 hours of experience in California as an intern prior  
            to applying for licensure effective January 1, 2014.

          6)Permits applicants for an MFT license to count experience  
            for performing "client centered advocacy" activities  
            toward licensure.

          7)Permits MFT interns to gain a portion of the required  
            supervision via teleconferencing.

          8)Requires applicants for MFT licensure to verify that  
            supervised experience was gained as an employee or  
            volunteer and not as an independent contractor.

          9)Makes conforming and clarifying changes.

           EXISTING LAW  

          1)Provides for the licensing and regulation MFTs by the  
            Board of Behavioral Sciences (BBS) within the Department  
            of Consumer Affairs.

          2)Specifies certain educational requirements necessary to  
            obtain an MFT license, to generally include the  
            following:

             a)   A specified master's or doctorate degree from an  
               accredited or state-approved school.

             b)   An integrated course of study consisting of a  
               minimum 48-semester or 72- quarter units of  
               instruction.

             c)   Six-semester or nine-quarter units of practicum  
               including 150 hours of face-to-face counseling  








                                                                  SB 33
                                                                  Page  5

               experience.

             d)   12-semester or 18-quarter units of marriage,  
               family, and child counseling and related approaches to  
               treatment.

             e)   Specifies the number of hours or units required for  
               certain courses.

             f)   Permits certain coursework, such as child abuse  
               assessment and reporting, to be taken outside of the  
               degree program and prior to licensure (not prior to  
               registration as an intern).

             g)   Requires specific content to be integrated  
               throughout the program, including:

               i)     Diagnosis, assessment, prognosis, and treatment  
                 of mental disorders;

               ii)    The broad range of matters that may arise  
                 within marriage and family relationships;

               iii)   The application of marriage and family  
                 relationship counseling principles and methods;

               iv)    Development of personal qualities intimately  
                 related to the counseling situation;

               v)     A variety of psychotherapeutic techniques and  
                 modalities; and,

               vi)    Cross-cultural mores and values. 

             h)   Requires the following specific course content:

               i)     A variety of MFT-related psychotherapeutic  
                 techniques and modalities;

               ii)    Developmental issues;

               iii)   Treatment of children;

               iv)    Aging and long-term care;









                                                                  SB 33
                                                                  Page  6

               v)     Alcoholism and substance abuse;

               vi)    Spousal and partner abuse assessment,  
                 detection, and intervention;

               vii)    Psychological testing; and,

               viii)  Psychopharmacology.

          3)Requires each applicant, prior to making application for  
            the licensing examination, to complete specific  
            supervised experience requirements, which includes:

             a)   3,000 hours of supervised experience over a period  
               of at least 104 weeks, composed of the following  
               activities:

               i)     Counseling and direct supervisor contact (not  
                 more than 750 hours);

               ii)Professional enrichment activities, including  
                 workshops, seminars, training sessions, or  
                 conferences (not more than 250 hours);

               iii)Personal psychotherapy (not more than 100 hours); 

               iv)Group therapy or group counseling (not more than  
                 500 hours);

               v)     Administering and evaluating psychological  
                 tests, writing clinical reports, writing progress or  
                 process notes (not more than 250 hours);

               vi)Telephone or crisis counseling (not more than 250  
                 hours);

               vii) Couples, family, and children (not less than 500  
                 hours); and,

               viii)Telemedicine counseling (not more than 125  
                 hours).

             b)   Supervision must be provided weekly and consists of  
               one hour of individual, direct supervisor contact, or  
               two hours in a group.








                                                                  SB 33
                                                                  Page  7


             c)   Of the 3,000 hours, 1,300 may be gained during the  
               degree program as a trainee, and 1,700 must be gained  
               post-degree as an intern.

             d)   Interns and trainees are prohibited from working as  
               an independent contractor and from accepting payments  
               directly from clients.

          4)Establishes certain requirements for persons who obtained  
            education or experience outside of California as follows:

             a)   If an applicant has been licensed for at least two  
               years in another state as an MFT and his or her  
               education and experience is substantially equivalent  
               to California requirements, a license shall be issued  
               after the person passes BBS's licensing examinations  
               and completes additional coursework or training.

             b)   If an applicant is not licensed in another state as  
               a MFT or has been licensed for less than two years,  
               the following is required:

               i)     Experience must be substantially equivalent to  
                 California requirements.

               ii)    The applicant must register as an intern and  
                 gain 250 hours of supervised experience in  
                 California.

               iii)   Education must meet core requirements and the  
                 applicant must make up for any deficiencies in  
                 coursework and content.

               iv)    The applicant must complete additional  
                 coursework or training.

               v)     The applicant must pass the BBS's licensing  
                 examinations.

           FISCAL EFFECT  :   Unknown

           COMMENTS  : 

           Purpose of this bill  .  BBS, the sponsor of this bill, states,  








                                                                  SB 33
                                                                  Page  8

          "The MFT educational requirements have not been substantively  
          changed since 1988.  Practice and issues have evolved over the  
          past 20 years, and there is a growing body of evidence-based and  
          best practices in treatment.  Employment opportunities are  
          increasing and work settings are shifting from private practices  
          to the public sector."
           
           Background  .  According to BBS, the California Mental Health  
          Services Act of 2004 is transforming mental health services in  
          California in a number of ways.  This includes placing greater  
          attention on serious mental illness, reducing adverse impacts  
          resulting from untreated mental illness, expanding successful  
          innovative services, emphasizing culturally and linguistically  
          competent approaches, and involving people with mental illness  
          in the system as stakeholders with an equal voice.  These new  
          services are guided by a promise to do 'whatever it takes' to  
          help people fully recover from mental illness, and is typically  
          referred to as 'recovery oriented care.'  This transformation  
          demands that those employed in public mental health, including  
          MFTs, have a different perspective and can provide different  
          approaches to treatment.  BBS states the proposed changes to the  
          educational requirements make it necessary that the BBS's  
          requirements for applicants who completed their education  
          outside of California also change for consistency with those new  
          requirements.

          This bill is the result of the work of the BBS's MFT Education  
          Committee (Committee) which met seven times, beginning in July  
          2006.  The Committee was charged with reviewing the current  
          curriculum requirements and determining their appropriateness  
          for today's MFT practice.           The Committee also reviewed  
          different studies of competencies necessary for MFT practice as  
          well as workforce data in order to determine ways in which the  
          profession has evolved.  The Committee involved a number and  
          variety of stakeholders throughout this process and            
          benefited greatly from the participation and feedback from more  
          than 138 people involved in the meetings.  Stakeholders involved  
          included schools, agencies, consumers, and students.  BBS also  
          established a webpage to post the Committee's materials and  
          minutes, and further created a webpage as a resource for schools  
          to help them implement the proposed new requirements.
           
          Arguments in support  .  The California Association of Marriage  
          and Family Therapists writes in support, "Consumer protection is  
          best assured when the education for a profession keeps pace with  








                                                                  SB 33
                                                                  Page  9

          the evolving demands of a profession.  The purpose of this bill  
          is to once again assure that MFTs are being trained to  
          effectively practice their profession with consumers in  
          California.  While MFTs are well-trained clinically, typical MFT  
          educational content prepares the MFT to work in the private  
          sector.  Currently, there is an increasing need for mental  
          health professionals in the public and community sector.  MFTs  
          are filling many of these positions."

           Arguments in opposition  .  Capitol Resource Family Impact writes  
          in opposition, "This bill would place unnecessary mandates on  
          therapy and counseling students.  SB 33 requires marriage and  
          family therapists to study 'multicultural development and  
          cross-cultural interaction.'  It is not necessary for therapists  
          to study such topics in order to be an effective empathetic  
          counselor.  Cultural training, required simply to counsel people  
          about their marriages or families, is too ambiguous.  It would  
          also be unnecessary in many situations.  Furthermore, it is not  
          he legislature's place to determine the curriculum of private  
          graduate institutions.  By requiring licensed therapists to take  
          certain courses, this law effectively controls their curriculum.
           
          Previous legislation  .  This bill is the reintroduction of SB  
          1218 (Correa) of 2008, which updates and recasts the educational  
          curriculum requirements for MFTs.  SB 1218 was substantially  
          similar to this bill; however, was one of several measures  
          vetoed by the Governor, citing that due to the 2008-2009 State  
          Budget delay, only bills of the highest priority for California  
          would be signed.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Board of Behavioral Sciences (sponsor)
          American Association for Marriage and Family Therapy
          California Association of Marriage and Family Therapists
          California Coalition for Counselor Licensure
          California Commission on Aging
          California Communities United Institute
          California Southern University
          Education Management Corporation
          University of Phoenix
          University of Southern California, Rossier School of Education
           








                                                                 SB 33
                                                                  Page  10

            Opposition 
           
          Local 2620, American Federation of State, County, and Municipal  
          Employees, AFL-CIO
          Capitol Resource Family Impact

           Analysis Prepared by  :    Rebecca May / B. & P. / (916) 319-3301