BILL ANALYSIS Ó
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|Hearing Date:April 25, 2011 |Bill No:SB |
| |274 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 274Author:Wyland
As Amended:April 11, 2011 Fiscal:Yes
SUBJECT: Healing arts
SUMMARY: Specifies that a person engages in the practice of
educational psychology, clinical social work or professional clinical
counseling when he or she performs or offers to perform, or holds
himself or herself out as able to perform those services for
remuneration in any form, including donations; revises and recasts
provisions allowing professional clinical counselor trainees, interns
and applicants to perform services as an employee or as a volunteer,
as specified.
Existing law:
1) Licenses and regulates the practice of marriage and family therapy
(MFTs), licensed educational psychology (LEPs), and licensed
clinical social work (LCSWs) by the Board of Behavioral Sciences
(BBS) within the Department of Consumer Affairs. Beginning
January 1, 2012, the BBS will additionally license professional
clinical counselors (LPCCs).
2) Specifies that a person engages in the practice of marriage and
family therapy who performs or offers to perform or holds himself
or herself out as able to perform MFT services for remuneration in
any form, including donations. (Business and Professions Committee
(BPC) § 4980.10)
3) Provides for the registration and regulation of LPCC trainees and
interns, and allows trainees, interns and applicants to perform
services as an employee or as a volunteer, but not as an
independent contractor. (BPC § 4999.47)
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This bill:
1) Mirrors the provision applying to the practice of marriage and
family therapy, to additionally specify that a person engages in
the practice of educational psychology , clinical social work or
professional clinical counseling when he or she performs or offers
to perform or holds himself or herself out as able to perform those
services for remuneration in any form, including donations.
2) Revises and recasts the provision allowing LPCC trainees, interns
and applicants to perform services as an employee or as a volunteer
to provide:
a) Experience shall not be gained by an intern or trainee as an
independent contractor.
b) If employed, an intern shall furnish copies of W-2 tax forms
for each year of experience claimed when applying to the Board
for an LPCC license.
c) If volunteering, an intern shall furnish a letter from his
or her employer verifying the employment as a volunteer when
applying to the Board for an LPCC license.
3) Makes technical, correcting and conforming changes.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1. Purpose. This bill is sponsored by the Board of Behavioral
Sciences (Sponsor) to define the act of "engaging in the practice"
for LEP, LCSW, and LPCC licensees. In addition, this bill would
require that a professional clinical counselor intern must, upon
application for licensure, provide the board with copies of W-2 tax
forms for each year of experience claimed if they were employed.
If they were a volunteer, then upon application for licensure they
must provide the board with a letter from his or her employer
verifying the intern's employment as a volunteer.
This bill is needed in order to clarify existing law regarding the
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definition of engaging in practice. It is also needed so that
clinical counselor interns are required to provide the same level
of documentation of their experience as applicants for other
licenses issued by the Board.
2. Background. Current law defines the act of "engaging in the
practice" of marriage and family therapy. However, it does not in
a similar fashion define the act of engaging in practice of an LEP,
LCSW, or LPCC, even though the term is used in the law without
being defined.
The law further outlines the conditions under which a clinical
counselor trainee or intern may gain experience, either as an
employee or volunteer, but not as an independent contractor.
The law for both MFTs and LCSWs states that a MFT intern or associate
social worker (ASW) must, when applying for a license, provide the
Board with copies of W-2 tax forms for each year of experience
claimed if they were employed. If they were a volunteer, then when
applying for a license, they must provide the Board with a letter
from the employer verifying the intern or associate's employment as
a volunteer. The requirement to submit a W-2 or a letter
indicating a volunteer status is not currently required by law for
a professional clinical counselor intern.
3. Related Legislation. SB 788 (Wyland, Chapter 619, Statutes of
2009) established the licensing and regulation of professional
clinical counselors in California. Stated that LPCCs practice is a
separate and distinct profession from licensed marriage and family
therapy (MFT) and licensed clinical social work (LCSW). Authorized
BBS to begin accepting applications for examination eligibility on
January 1, 2012, and issue LPCC licenses to applicants who meet
certain education, experience and examination requirements.
SB 33 (Correa, Chapter 26, Statutes of 2009) updated and recast the
educational curriculum requirements for MFTs to require persons who
begin graduate study after August 1, 2012, to meet increased total
unit requirements, increased practicum hours for face-to-face
counseling, integrates specified elements, including public mental
health practices, throughout the curriculum, revised MFT
educational requirements and revised requirements for applicants
licensed or educated outside of California.
SB 363 (Emmerson) allows marriage and family therapist trainees to
continue counseling clients while not enrolled in a practicum if
the lapse in enrollment is less than 90 days, and the period of
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lapse is immediately preceded and immediately followed by
enrollment in a practicum course; limits the number of
client-centered advocacy hours for a marriage and family therapist
intern to 500 hours; and allows professional clinical counselors to
supervise marriage and family therapist interns if they meet
additional training and education requirements to treat couples and
families. This bill was approved 7-0 by this Committee on April
11, 2011.
SB 146 (Wyland) revises various provisions relating to the practice of
mental health professionals to also include the practice of
licensed professional clinical counselors, clinical counselor
trainees, and clinical counselor interns; makes technical updating
and conforming changes. This bill was approved on consent by this
Committee on April 11, 2011.
SB 704 (Negrete McLeod) revises and recasts examination requirements
for marriage and family therapists and interns and for licensed
clinical social workers and associate social workers; makes
technical cleanup and conforming changes. This measure was
approved on consent by this Committee on April 4, 2011.
SUPPORT AND OPPOSITION:
Support :
Board of Behavioral Sciences (Sponsor)
Oppose :
None received as of April 20, 2011.
Consultant:G. V. Ayers