BILL ANALYSIS Ó
SB 274
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Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 274 (Wyland) - As Amended: June 3, 2011
SENATE VOTE : 37-0
SUBJECT : Healing arts.
SUMMARY : Provides that a person is engaged in the practice of
marriage and family therapy, educational psychology, clinical
social work, or professional clinical counseling when performing
these services for remuneration in any form, as specified.
Specifically, this bill :
1)Provides that a person is engaged in the practice of
educational psychology, clinical social work, or professional
clinical counseling when performing, offering to perform, or
holding himself or herself out as able to perform any of these
services for remuneration in any form, including donations.
2)Prohibits clinical counselor (LPCC) interns or trainees to
gain qualifying experience towards licensure as an independent
contractor.
3)Requires LPCC interns, if employed, to provide the Board of
Behavioral Sciences (BBS) with copies of the corresponding W-2
tax forms for each year of experience claimed upon application
for licensure as a LPCC.
4)Requires LPCC interns, if volunteering, to provide BBS with a
letter from his or her employer verifying the intern's
employment as a volunteer upon application for licensure as
LPCC.
5)Authorizes the BBS to issue a LPCC license to persons
submitting an application between January 1, 2011, and
December 31, 2011, provided certain requirements are met, as
specified.
6)Deletes the requirement for 'grandparented' LPCCs to renew
their licenses annually and makes conforming changes.
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7)Contains an urgency clause.
EXISTING LAW :
1)Provides for the licensure and regulation of marriage and
family therapists (MFT), educational psychologists (LEP),
clinical social workers (LCSW), and LPCCs by BBS.
2)Allows LPCC trainees, interns, and applicants to perform
services as an employee or as a volunteer, but not as an
independent contractor.
3)Authorizes BBS to issue a LPCC license to persons submitting
applications between January 1, 2011, and June 30, 2011, if
that applicant meets specified requirements.
4)Makes LPCC licenses valid for 6 years, specifies that such a
license expires one year from the date of issuance, and
prescribes a specified renewal procedure.
5)Provides that other professional clinical licenses expire no
more than 24 months after the date of issuance and may be
renewed within three years of expiration.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "This
bill is needed in order to clarify existing law regarding the
definition of engaging in practice. It is also needed so that
LPCC interns are required to provide the same level of
documentation of their experience as applicants for other
licenses issued by BBS."
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 for both MFTs and LCSWs states that a MFT intern or
associate LCSW must, when applying for a license, provide the
BBS with copies of W-2 tax forms for each year of experience
claimed if they were employed. If the applicant was a
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volunteer, they must provide BBS 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 LPCC
intern. This bill requires LPCC interns to submit the same work
experience documentation as MFT interns or associate LCSWs.
Additionally, current law sets forth additional conditions for
LPCC licenses issued during the grandparenting period to persons
not already licensed by BBS, including a yearly renewal process.
This bill deletes those provisions.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Behavioral Sciences (sponsor)
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301