BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 274
Author: Wyland (R)
Amended: 7/7/11
Vote: 27 - Urgency
SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 9-0, 4/25/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Walters, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/16/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Vargas, Wolk, Wright, Yee
NO VOTE RECORDED: Strickland, Walters, Wyland
ASSEMBLY FLOOR : 71-2, 07/11/11 - See last page for vote
SUBJECT : Healing arts
SOURCE : Board of Behavioral Sciences
DIGEST : This bill specifies that a person engages in the
practice of educational psychology, clinical social work or
professional clinical counseling when he/she performs or
offers to perform, or holds himself/herself out as able to
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perform those services for remuneration in any form,
including donations, and revises and recasts provisions
allowing professional clinical counselor trainees, interns
and applicants to perform services as an employee or as a
volunteer, as specified.
Assembly Amendments (1) authorize the Board of Behavioral
Services to issue a professional clinical counselor license
to any person submitting an application between January 1,
2011, and December 31, 2011, if that applicant meets
specified requirements, and add a professional clinical to
the list of persons who an applicant may have supervise
his/her hours of experience in a clinical setting, (2)
provide that all licenses issued expire no more than 24
months after the issuance date and that all of these
licenses are eligible for renewal within three years of
expiration, and (3) add an urgency clause.
ANALYSIS :
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 that performs or offers to
perform or holds himself/herself out as able to perform
MFT services for remuneration in any form, including
donations.
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.
This bill:
1. Mirrors the provision applying to the practice of
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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/she performs or offers to
perform or holds himself/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/her employer verifying the
employment as a volunteer when applying to the
Board for an LPCC license.
3. Makes technical, correcting and conforming changes.
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,
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 3/13/11)
Board of Behavioral Sciences (source)
ARGUMENTS IN SUPPORT : This bill is sponsored by the
Board of Behavioral Sciences to define the act of "engaging
in the practice" for LEP, LCSW, and LPCC licensees. In
addition, this bill requires 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/ her employer
verifying the intern's employment as a volunteer.
According to the BBS, this bill is needed in order to
clarify existing law regarding the 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.
According to the author's office, this bill ensures that
the grandparenting path is still an available option to
LPCC applicants for a six month time period, which was the
intent of the original law.
This bill also eliminates the annual renewal requirement,
which due to the adoption of the National Clinical Mental
Health Counselor Examination is no longer needed, for
certain grandparenting LPCCs. In addition, this bill will
make several technical changes to assist with
implementation of the LPCC licensing program.
ASSEMBLY FLOOR : 71-2, 07/11/11
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AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nielsen, Norby, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Donnelly, Grove
NO VOTE RECORDED: Beall, Gorell, Knight, Mitchell,
Nestande, Olsen, Swanson
JJA:do 7/14/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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