BILL ANALYSIS
SB 788
Page 1
SENATE THIRD READING
SB 788 (Wyland)
As Amended September 3, 2009
Majority vote
SENATE VOTE :36-1
BUSINESS & PROFESSIONS 11-0 APPROPRIATIONS 16-0
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|Ayes:|Hayashi, Emmerson, |Ayes:|De Leon, Conway, Ammiano, |
| |Conway, Eng, Hernandez, | | |
| |Nava, Niello, | |Charles Calderon, Coto, |
| |John A. Perez, Ruskin, | |Davis, |
| |Smyth, Monning | |Fuentes, Hall, Harkey, |
| | | |Miller, |
| | | |Nielsen, John A. Perez, |
| | | |Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Hill |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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)Adds one state licensed LPCC to the membership of BBS
commencing January 1, 2012.
2)Increases from four to five public members and from five to
six 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
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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:
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
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counseling services.
7)Requires that applicants for examination eligibility 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 specified core content areas;
c) A minimum of 12 semester units or 18 quarter units of
advanced coursework, as specified;
d) A minimum of six semester units or nine quarter units of
supervised practicum or field study experience in a
clinical setting, 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, as specified.
8)Requires that applicants for examination eligibility 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 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, as
specified;
b) Take 15 semester units or 22.5 quarter units of advanced
coursework 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
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a clinical setting, as specified.
9)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.
10)Requires each applicant for licensure to complete a minimum
of 3,000 post-degree hours of supervised clinical mental
health experience, as specified.
11)Authorizes BBS to begin accepting applications for
examination eligibility 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.
12)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.
13)Establishes grandfathering provisions for persons who submit
an application for licensure between January 1, 2011, and June
30th, 2011, as specified.
14)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.
15)Establishes provisions for persons seeking examination
eligibility who are licensed outside of California, which
includes having a passing score for the jurisprudence and
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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.
16)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.
17)Establishes a fee structure for licensure, licensure renewal
and examinations for LPCCs and interns.
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: two LCSW licensees, one LEP licensee, and
two MFT licensees; and,
b) Six public members consisting of: four gubernatorial
appointees, one Senate appointee, and one Assembly
appointee.
3)Defines a "psychotherapist" as a physician and surgeon
specializing in psychiatry or practicing psychotherapy, a
psychologist, a LCSW, a MFT, a psychological assistant, a MFT
registered intern or trainee, or an associate clinical social
worker.
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
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helping people achieve more adequate, satisfying, and
productive social adjustments.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annual fee-supported special fund workload to BBS of
$1.2 million to $1.5 million to administer exams, licensure,
criminal background checks, and additional oversight in
establishing and maintaining a new licensure category and scope
of practice.
COMMENTS : 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."
This bill is sponsored by the California Coalition for Counselor
Licensure who asserts 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
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."
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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.
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
forward without a support or oppose recommendation from the
Joint Committee.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301
FN: 0002858