BILL ANALYSIS
SB 788
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Date of Hearing: July 7, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
SB 788 (Wyland) - As Amended: June 22, 2009
SENATE VOTE : 36-1
SUBJECT : Licensed professional clinical counselors.
SUMMARY : Establishes the Licensed Professional Clinical
Counselor Act which provides for the licensing and regulation of
professional clinical counselors (LPCCs) by the Board of
Behavioral Sciences (BBS). Specifically, this bill :
1)Increases the number of members comprising the BBS from 11 to
15 by adding two additional state licensed LPCCs and two
additional public members, commencing January 1, 2012.
2)Increases from four to six public members and from five to
seven licensed members of BBS to be appointed by the Governor.
3)States legislative intent recognizing that LPCCs practice a
separate and distinct profession from licensed marriage and
family therapists (MFTs) and licensed clinical social workers
(LCSWs), and as such the Legislature recognizes the need to
appropriately test MFTs and LCSWs seeking to become LPCCs on
the difference in practice between the professions.
4)Requires BBS to:
a) Communicate information about its activities, the
requirements and qualifications for licensure, and the
practice of professional clinical counseling to the
relevant education institutions, supervisors, professional
associations, applicants, clinical counselor trainees,
interns and the public; and,
b) Develop polices and procedures to assist educational
institutions in meeting the educational qualifications for
those seeking licensure as a LPCC, as specified.
5)Establishes the following guidelines for LPCC scope of
practice:
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a) Defines "professional clinical counseling" as the
application of counseling interventions and
psychotherapeutic techniques to identify and remediate
cognitive, mental and emotional issues, including personal
growth, adjustment to disability, crisis intervention, and
psychosocial and environmental problems. Includes
conducting assessments for the purpose of establishing
counseling goals and objectives to empower individuals to
adequately deal with life situations, reduce stress,
experience growth, change behavior and make well informed,
rational decisions;
b) States that professional clinical counseling is focused
exclusively on the application of counseling interventions
and psychotherapeutic techniques for the purpose of
improving mental health and is not intended to capture
other, nonclinical forms of counseling for the purposes of
licensure;
c) States that professional clinical counseling does not
induce the assessment or treatment of couples or families
unless the LPCC has completed additional training and
education beyond the minimum training and education
required for licensure, as specified; and,
d) Requires LPCCs to refer clients to other licensed health
care professionals when they identify issues beyond their
own scope of education, training, and experience.
6)Prohibits persons from holding themselves out to the public by
any title or description of services as an LPCC unless they
are otherwise licensed to provide professional clinical
counseling services.
7)Requires that applicants for licensure or registration who
begin graduate study before August 1, 2012, and complete that
study on or before December 31, 2018 adhere to the following
requirements:
a) Possess a master's or doctoral degree in counseling or
psychotherapy containing no fewer than 48 graduate semester
or 72 graduate quarter units of instruction, as specified;
b) Take the equivalent of at least three semester units of
graduate study in the following core content areas:
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counseling and psychotherapeutic theories and techniques;
human growth and development across the lifespan; career
development theories and techniques; group counseling
theories and techniques; assessment, appraisal, and testing
of individuals; multicultural counseling theories and
techniques; principles of the diagnostic process; research
and evaluation; professional orientation, ethics, and law
in counseling, as specified;
c) A minimum of 12 semester units or 18 quarter units of
advanced coursework to develop knowledge of specific
treatment issues, special populations, application of
counseling constructs, assessment and treatment planning,
clinical interventions, therapeutic relationships,
psychopathology, or other clinical topics;
d) A minimum of six semester units or nine quarter units of
supervised practicum or field study experience in a
clinical setting, as specified, including a minimum of 150
hours of face-to-face supervised clinical experience
counseling individuals, families, or groups, as specified;
and,
e) Specifies that in addition to the degree requirements,
an applicant shall complete the following coursework or
training prior to registration as an intern: a minimum of
15 contact hours of instruction in alcoholism and other
chemical substance abuse dependency; a minimum of 10
contact hours of training or coursework in human sexuality;
two semester unit or three quarter unit survey course in
psychopharmacology; a minimum of 15 contact hours of
instruction in spousal or partner abuse assessment,
detection, and intervention strategies; a minimum of seven
contact hours of training or coursework in child abuse
assessment and reporting; a minimum of 18 contact hours of
instruction in California law and professional ethics for
LPCCs; a minimum of 10 contact hours of instruction in
aging and long-term care; and a minimum of 15 contact hours
of instruction in crisis or trauma counseling, as
specified.
8)Requires that applicants for licensure or registration who
begin graduate study before August 1, 2012, and do not
complete that study on or before December 31, 2018; begin
graduate study before August 1, 2012 and who graduate from a
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degree program meeting the requirements of this bill; and
applicants for licensure or registration who begin graduate
study on or after August 1, 2012, adhere to the following
requirements:
a) Possess a master's or doctoral degree in counseling or
psychotherapy that contains no fewer than 60 graduate
semester or 90 graduate quarter units of instruction
including at least three semester units or four and
one-half quarter units of graduate study in all of the
following core content areas: counseling and
psychotherapeutic theories and techniques; human growth and
development across the lifespan; career development
theories and techniques; group counseling theories and
techniques; assessment, appraisal, and testing of
individuals; multicultural counseling theories and
techniques; principles of diagnostic process; research and
evaluation; professional orientation, ethics, and law in
counseling; psychopharmacology; addictions counseling;
crisis or trauma counseling; and advanced counseling and
psychotherapeutic theories and techniques, as specified;
b) Take 15 semester units or 22.5 quarter units of advanced
coursework and experience to develop knowledge of specific
treatment issues or special populations; and,
c) Take no fewer than six semester units or nine quarter
units of supervised practicum or field study experience in
a clinical setting that provides a range of professional
clinical counseling experience, including a minimum of 280
hours of face-to-face supervised clinical experience
counseling individuals, families or groups.
9)Authorizes BBS to make the final determination as to whether a
degree meets all requirements, including, but not limited to,
course requirements, regardless of accreditation.
10)Requires each educational institution preparing applicants to
qualify for licensure to notify each of its students by means
of public document or otherwise in writing that its degree
program is designed to meet the requirements of this bill and
to certify to BBS that it has done so.
11)Requires each applicant for licensure to complete a minimum
of 3,000 post-degree hours of supervised clinical mental
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health experience, as specified.
12)Authorizes BBS to begin accepting applications for licensure
on January 1, 2012 and issue a LPCC license to any person
meeting the following requirements:
a) He or she has received a master's or doctoral degree, as
specified;
b) He or she has completed of 3,000 hours of supervised
experience in the practice of professional clinical
counseling, as specified; and,
c) He or she provides evidence of a passing score on the
examinations designated by BBS.
13)Prohibits BBS from issuing a license to any person who has
been convicted of a crime involving sexual abuse of children
or who is required to register as a sex offender, as
specified.
14)Requires BBS to direct applicants to electronically submit to
the Department of Justice fingerprint images, as specified.
15)Requires BBS to offer licensing examinations at least twice a
year, as specified, and specifies that the examinations shall
measure knowledge and abilities demonstrably important to the
safe, effective practice of the profession, as specified.
16)Establishes grandfathering provisions for persons who submit
an application for licensure between January 1, 2011 and June
30th, 2011, who meet one of the following sets of criteria:
a) He or she meets the following requirements:
i) Has a master's or doctoral degree in counseling or
psychotherapy, which includes coursework in core content
areas, as specified;
ii) Has at least two years, full-time or the equivalent
of post-degree counseling experience that includes at
least 1,700 hours of experience in a clinical setting, as
specified; and,
iii) Has a passing score on the following examinations:
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The National Counselor Examination for Licensure and
Certification or the Certified Rehabilitation Counselor
Examination; the National Clinical Mental Health
Counselor Examination; and a California jurisprudence and
ethics examination, when developed by BBS.
b) He or she is currently licensed as a MFT in the state of
California, meets the coursework requirements as specified,
and passes the examinations listed above; or,
c) He or she is currently licensed as a LCSW in the state
of California, meets the coursework requirements as
specified, and passes the examinations listed above.
17)Requires BBS and the Office of Professional Examination
Services to jointly develop an examination on the differences,
if any exist, between the practice of professional clinical
counseling and the practice of marriage and family therapy;
and the practice of professional clinical counseling and the
practice of clinical social work.
18)Establishes provisions for persons seeking licensure who are
licensed outside of California, which includes having a
passing score for the jurisprudence and ethics exam, having a
license in good standing with another state, and having
education and experience substantially equivalent to the
requirements for licensure in California, as specified.
19)Prohibits BBS from renewing any LPCC license unless the
applicant has completed approved continuing education, as
determined by BBS.
20)Authorizes BBS to refuse to issue any registration or
license, or suspend or revoke the registration or license of
any intern or LPCC if that person has been found guilty of
unprofessional conduct, as specified.
21)Establishes the following fee structure for licensure,
licensure renewal and examinations for LPCCs and interns:
a) The fee for the application for an initial license shall
not exceed $180.
b) The fee for the jurisprudence and ethics examination
shall not exceed $100.
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c) The fee for the written examination shall not exceed
$250.
d) The fee for the issuance of an initial license shall not
exceed $200.
e) The fee for annual renewal of licenses shall not exceed
$150.
f) The fee for annual renewal of an intern registration
shall not exceed $100; and,
g) The fee for two-year renewal of licenses shall not
exceed $200.
22)Requires BBS to report each month to the Controller the
amount and source of all revenue received pursuant to this
bill and at the same time deposit the entire amount thereof in
the State Treasury for credit to the Behavioral Sciences Fund.
23)Includes in the definition of "psychotherapist" a LPCC,
intern, and clinical counselor trainee, as specified.
24)Includes in the definition of "licentiate" a LPCC.
25)Makes conforming and technical changes.
EXISTING LAW :
1)Licenses and regulates the practice of psychotherapy performed
by MFTs, licensed educational psychologists (LEPs), and LCSWs
by BBS within the Department of Consumer Affairs.
2)Provides for an 11 member BBS, made up of:
a) Five professional members appointed by the Governor
consisting of: 2 LCSW licensees, 1 LEP licensee, and 2 MFT
licensees; and,
b) Six public members consisting of: 4 gubernatorial
appointees, 1 Senate appointee, and 1 Assembly appointee.
3)Defines a psychotherapist as a physician and surgeon
specializing in psychiatry or practicing psychotherapy, a
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psychologist, a LCSW, a MFT, a psychological assistant, a MFT
registered intern or trainee, or an associate clinical social
worker.
4)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 a
specified number of years;
c) Registration with BBS while gaining the supervised
experience; and,
d) Standard and clinical vignette licensing examinations.
5)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.
6)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.
7)The Child Abuse and Neglect Reporting Act requires a mandated
reporter to report whenever he or 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
of the Business and Professions Code.
FISCAL EFFECT : Unknown
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COMMENTS :
Purpose of this bill . According to the author's office, "49
states currently recognize LPCCs, yet California is the only
remaining state not to recognize this profession, whose numbers
exceed 100,000 nationally.
"This bill will not only allow out-of-state licensed counselors
who have moved to California to practice, but also allow the
counseling tracks in our CSU and private universities, to lead
to licensure beyond the one category California offers of
marriage and family therapy. Consumer protection is of utmost
concern, as consumers who want to seek out a counselor for
issues not related to marriage and family, could then seek out a
licensed professional which they cannot currently do. With
recognition of the 'LPCC' California would benefit from federal
funding which includes the LPCC, including funding from
Veteran's Affairs for Rehabilitation Counselors to serve
veterans and their families, and Federally Qualified Health
Clinic funding as well."
Background . This bill is sponsored by the California Coalition
for Counselor Licensure (sponsor) which is comprised of the
following 9 state and national counseling organizations:
California Association for Counselor Education and Supervision
(CACES); California Association of School Counselors; California
Career Development Association; California Counseling
Association; California Mental Health Counselors Association;
California Rehabilitation Association-North, Inc.; California
Rehabilitation Counseling Association; Northern California Art
Therapy Association; and, the Southern California Chapter of
American Dance Therapy Association.
The 2003 California Workforce Initiative report, The Mental
Health Workforce: Who's Meeting California Needs, points out
that the state will need an additional 13,000 to 20,000 mental
health professionals by the year 2010. The sponsor believes
licensing of LPCCs would address this deficiency.
The sponsor explains that there is a particular shortage of
mental health providers in rural areas available to treat
Medi-Cal beneficiaries. This shortage could increase due to the
passage of Proposition 63, the Mental Health Services Act
(MHSA), passed in 2004, which expands mental health care for
children and adults through a 1% tax on taxable personal income
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over $1 million.
News articles have reported that some counties are receiving
money from MHSA, but are finding it hard to recruit qualified
staff. According to the sponsor, "In terms of sheer numbers,
the MFTs and LCSWs can fill the positions; however, they are not
filling those positions currently. LPCCs 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 currently employed in 36 county
mental health departments throughout the state. Without a
license, there are limits to the services they can provide and
the reimbursements counties can receive unless the counselor is
licensed.
Federal Legislation . In 2006, the President signed the
Veterans Benefits, Health Care, and Information Technology Act.
This Act recognized LPCCs as mental health specialists within
health care programs operated by the Department of Veterans
Affairs (VA) to bring increased access to mental health services
for persons in the VA system.
Hurricane Katrina Assistance . In 2005, the American Counseling
Association received a large federal grant to help facilitate
the immediate deployment of LPCCs to Louisiana to provide mental
health services for hurricane survivors. Volunteers
participating in the effort were required to hold a state
license as a professional counselor. According to the sponsor,
federal grant guidelines did not allow any exemptions from this
requirement, so none of California's thousands of mental health
counselors qualified unless they were licensed in another state.
Sunrise Hearing: Subject heard by the Joint Committee in 2006 .
The issues presented in this bill were part of "Sunrise Review"
by the Joint Committee on Boards, Commissions, and Consumer
Protection (Joint Committee) in 2006. The Joint Committee
recommended, "It has not been clearly established that there is
sufficient consumer protection justification for this proposal
[the licensure of LPCCs] and that this proposal meets the
threshold for licensure [the potential for serious injury or
death, or severe financial harm]." The proposal did not receive
sufficient votes to be approved by the Joint Committee and went
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forward without a support or oppose recommendation from the
Joint Committee.
Previous legislation .
AB 1486 (Calderon) of 2008 would have provided for the licensure
or registration and regulation of licensed professional
counselors by BBS. This bill was held in the Senate
Appropriations Committee.
AB 894 (La Suer) of 2005 would require professional counselors
be licensed and regulated by BBS, and prohibits a person from
practicing or advertising the performance of professional
counseling services without a license issued by BBS. This bill
was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American Art Therapy Association
American Association of State Counseling Boards
American Counseling Association
American Mental Health Counselors Association
Associates for Relational Therapy
California Association for School Counselors
California Career Development Association
California Chapters of the American Red Cross
California Coalition for Counselor Licensure
California Counseling Association
California Mental Health Counselors Association
California Primary Care Association
California Psychiatric Association
California Registry of Professional Counselors and
Paraprofessionals
California Rehabilitation Association
California Rehabilitation Counseling Association
California State Rural Health Association
Center for Independent Living - Fresno
Coast Rehabilitation Services, Inc.
Commission on Rehabilitation Counselor Certification
Department of the Navy
Department of Veterans Affairs
Loma Linda University
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Mountain Health & Community Services, Inc.
National Board for Certified Counselors
Northern California Art Therapy Association
San Diego Regional Center
Santa Ynez Valley People Helping People
Southern California Chapter of the American Dance Therapy
Association
Survivors of Torture International
The Effort
Western Association for Counselor Education and Supervision
Several individuals
Opposition
None on file.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301