BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 788|
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THIRD READING
Bill No: SB 788
Author: Wyland (R) and Steinberg (D)
Amended: 4/29/09
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 10-0, 4/27/09
AYES: Negrete McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
SUBJECT : Licensed professional clinical counselors
SOURCE : California Coalition for Counselor Licensure
DIGEST : This bill prohibits a person from holding
himself/herself out to the public by any title of
description of mental health services not authorized by law
or licensed by the Board of Behavioral Sciences.
ANALYSIS :
Existing law:
1. Licenses and regulates the practice of psychotherapy
preformed by more than 28,000 marriage and family
therapists, 1,700 licensed educational psychologists,
and 16,000 licensed clinical social workers by the Board
of Behavioral Sciences within the Department of Consumer
Affairs.
2. Defines the practice of marriage and family therapy as
CONTINUED
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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.
3. 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.
4. The Child Abuse and Neglect Reporting Act requires a
mandated reporter to report whenever he/she has
knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the
victim of child abuse or neglect. The Act identifies
numerous categories of mandated reporters, and includes:
a physician, surgeon, psychiatrist, psychologist,
dentist, resident, intern, podiatrist, chiropractor,
licensed nurse, dental hygienist, optometrist, marriage,
family and child counselor, clinical social worker, or
any other person who is currently licensed under
Division 2 (commencing with Section 500) of the Business
and Professions Code.
This bill:
1. Prohibits a person from holding himself/herself out to
the public by any title or description of mental health
services not authorized by law or licensed by the Board
of Behavioral Sciences.
2. Specifies that nothing in the bill shall be construed to
constrict, limit, or withdraw provisions of the Medical
Practice Act, the Clinical Social Worker Practice Act,
the Nursing Practice Act, the Psychology Licensing Law,
or the Marriage and Family Therapy licensing laws.
3. Specifies that this bill does not apply to any priest,
rabbi, or minister of the gospel of any religious
denomination who performs mental health services as part
of his/her pastoral or professional duties, or to any
person who is admitted to practice law in this state, or
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who is licensed to practice medicine, who provides
counseling services as part of his/her professional
practice.
4. Specifies the bill does not apply to 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 performed solely
under the supervision of the entity, school, or
organization by which he/she is employed, and if he/she
performs those functions as part of the position for
which he/she is employed.
5. Makes legislative findings related to the growing need
for additional mental health professionals to provide
counseling and other mental health services to
California's citizens, and further finds there exists a
substantial number of mental health professionals who
possess appropriate master's degree education, training,
and experience to fulfill the need but who cannot avail
themselves of licensure under the current mental health
professional framework for licensure existing in the
state.
6. States the intent of the Legislature to provide a
pathway for professional counselors who possess
appropriate education and training similar to other
licensed mental health professionals to be licensed and
begin serving the substantial need for mental health
services in California.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/1/09)
California Coalition for Counselor Licensure (source)
OPPOSITION : (Verified >)
>
ARGUMENTS IN SUPPORT : >
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ARGUMENTS IN OPPOSITION : >
JJA:mw 5/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SUPPORT/OPPOSITION: NONE RECEIVED
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