BILL ANALYSIS Ó SB 363 Page 1 SENATE THIRD READING SB 363 (Emmerson) As Amended September 1, 2011 Majority vote SENATE VOTE :38-0 BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, | | |Allen, Butler, Eng, | |Blumenfield, Bradford, | | |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, | | | | |Davis, Donnelly, | | | | |Dickinson, Hall, Hill, | | | | |Lara, Nielsen, Norby, | | | | |Solorio, Wagner | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes licensed professional clinical counselors (LPCC) to supervise marriage and family therapist (MFT) interns, provided certain additional training and education requirements are met, and authorizes MFT trainees to counsel clients while not enrolled in a practicum if the period of lapsed enrollment is less than 90 calendar days, as specified. Specifically, this bill : 1)Provides that this bill does not constrict, limit, or withdraw the LPCC Act. 2)Authorizes LPCCs meeting additional training and education requirements, as specified, to serve as a supervisor to MFT interns. 3)Provides that MFT trainees may gain hours of experience outside the required practice while enrolled in a practicum course to counsel clients, as specified. 4)Authorizes MFT trainees to counsel clients while not enrolled in a practicum course if the period of lapsed enrollment is less than 90 calendar days, and if the period is immediately preceded and immediately followed by enrollment in a practicum SB 363 Page 2 course. 5)Provides that the hours of experience gained referenced in 3) and 4) above are subject to the requirements under current law. 6)Recasts experience requirements for MFT licensure by requiring no more than 1000 hours of experience in direct supervisor contact and professional enrichment activities as specified, and no more than 500 hours of experience administering and evaluating psychological tests, writing clinical reports, writing progress notes, or writing process notes; or, client centered advocacy. 7)Adds language to avoid chaptering out issues with SB 943 (Business, Professions and Economic Development Committee), as specified. EXISTING LAW : 1)Licenses and regulates the practice of MFTs, licensed educational psychologists (LEPs), and licensed clinical social workers (LCSWs) by the Board of Behavioral Sciences (BBS) within the Department of Consumer Affairs. Beginning January 1, 2012, the BBS will additionally license LPCCs. 2)Specifies the education required for MFT licensure, which includes a requirement for a practicum that involves direct client contact and hours of experience relating to client centered advocacy, as defined. 3)Authorizes MFT trainees to perform activities and services in certain work settings provided that these constitute part of the trainee's supervised course of study and the person is designated as a trainee. 4)Authorizes MFT trainees to gain hours of experience outside the required practicum under certain conditions, but requires trainees who gain experience outside the required practicum to be enrolled in a practicum in order to counsel clients. 5)Requires an applicant for licensure as a MFT to complete a SB 363 Page 3 specified number of hours of supervised experience by a person who has been licensed for at least two years as a MFT, LCSW, licensed psychologist, or licensed physician certified in psychiatry. 6)Provides that professional clinical counseling does not include the assessment or treatment of couples or families unless the LPCC has completed all of the following additional training and education, beyond the minimum training and education required for licensure: a) One of the following: i) Six semester units or nine quarter units specifically focused on the theory and application of marriage and family therapy; and, ii) A named specialization or emphasis area on the qualifying degree in marriage and family therapy; marital and family therapy; marriage, family, and child counseling; or couple and family therapy. b) No less than 500 hours of documented supervised experience working directly with couples, families, or children; and, c) A minimum of six hours of continuing education specific to marriage and family therapy, completed in each license renewal cycle. FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible state fiscal effect. COMMENTS : According to the author, "SB 363 will clarify and amend supervision and experience requirements in the Business and Professions code for Californians seeking licensure as a MFT." Revisions made in the MFT law by SB 33 (Correa), Chapter 26, Statutes of 2009, require MFT trainees to be enrolled in a practicum course while counseling clients. According to BBS, a number of schools have voiced concern on how the practicum course requirement would operate during intersession and summer break when students may not be able to enroll in a practicum course. This could create continuity of care issues when the SB 363 Page 4 trainee goes on summer break leaving the client with another practitioner or without care. Additionally, there are barriers to licensure if the trainee is not able to gain direct client hours due to not being enrolled in practicum. Therefore, allowing a trainee to continue counseling clients while not enrolled in a practicum if that lapse in enrollment is less than 90 days will help address these concerns, according to the BBS. BBS further indicates that under current law, the number of client-centered advocacy hours that a MFT intern can obtain is only limited by the amount of direct supervisor contact hours acquired by the intern. For example, if an intern received the minimum number of direct supervisor contact hours for 104 weeks, that individual could potentially receive credit for 1,146 hours for client-centered advocacy. BBS believes that the majority of the MFT intern's experience hours should be gained through a variety of training activities other than client-centered advocacy, therefore, the bill proposes to limit the client centered advocacy allowed for an MFT intern to 500 hours. Currently, BBS states, LPCCs are not allowed to supervise MFT interns. However, the law authorizes all other licensees of the BBS to supervise these interns. This bill authorizes LPCCs to supervise MFT interns if they meet additional training and education requirements to treat couples and families. Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) 319-3301 FN: 0002466