BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 788
Author: Wyland (R) and Steinberg (D)
Amended: 9/3/09
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
SENATE FLOOR : 36-1, 6/3/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Pavley, Romero,
Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland
NOES: Yee
NO VOTE RECORDED: Ducheny, Padilla, Vacancy
ASSEMBLY FLOOR : 70-5, 9/8/09 - See last page for vote
SUBJECT : Licensed professional clinical counselors
SOURCE : Author
DIGEST : This bill establishes the Licensed Professional
Clinical Counselor Act which provides for the licensing and
regulation of licensed professional clinical counselors by
the Board of Behavioral Sciences.
CONTINUED
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Assembly Amendments delete the prior content and recast the
bill in its current form.
ANALYSIS :
Existing law:
1. Licenses and regulates the practice of psychotherapy
performed by marriage and family therapists (MFTs),
licensed educational psychologists (LEPs), and licensed
clinical social workers (LCSWs) by the Board of
Behavioral Sciences (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.
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 helping people achieve
more adequate, satisfying, and productive social
adjustments.
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This bill establishes the Licensed Professional Clinical
Counselor Act which provides for the licensing and
regulation of licensed professional clinical counselors
(LPCCs) by the 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 MFTs and 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.
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
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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.
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 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
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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.
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.
C. Take no fewer than six semester units or nine
quarter units of supervised practicum or field study
experience in 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.
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11.Authorizes BBS to begin accepting applications for
examination eligibility on January 1, 2012, and issue an
LPCC license to any person meeting the following
requirements:
A. He/she has received a master's or doctoral degree,
as specified.
B. He/she has completed of 3,000 hours of supervised
experience in the practice of professional clinical
counseling, as specified.
C. He/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 30, 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 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.
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17.Establishes a fee structure for licensure, licensure
renewal and examinations for LPCCs and interns.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/1/09) (Unable to reverify)
California Coalition for Counselor Licensure (source)
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon,
Emmerson, Eng, Evans, Feuer, Fletcher, Fuentes, Fuller,
Furutani, Gaines, Galgiani, Garrick, Gilmore, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Monning, Nava, Nestande, Niello, Nielsen, John
A. Perez, V. Manuel Perez, Portantino, Ruskin, Salas,
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Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Yamada, Bass
NOES: Anderson, DeVore, Knight, Logue, Villines
NO VOTE RECORDED: Duvall, Fong, Hagman, Miller, Vacancy
JJA:mw 9/9/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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