BILL ANALYSIS Ó
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|Hearing Date:April 4, 2011 |Bill No:SB |
| |704 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 704Author:Negrete McLeod
As Introduced: February 18, 2011 Fiscal: Yes
SUBJECT: Healing arts: licensees: Board of Behavioral Sciences.
SUMMARY: 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.
Existing law:
1) Licenses and regulates the practice of 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.
Beginning January 1, 2012, the BBS will additionally license
professional clinical counselors (LPCCs).
2) Provides that in order to qualify for a MFT license, an applicant
must meet specified education, age, and experience qualifications,
and pass a board-administered standard written examination or an
oral examination. After passing the standard written examination,
the applicant must additionally pass a clinical vignette written
examination. (Business and Professions Code (BPC) § 4980.40)
3) Provides that in order to qualify for a LCSW license an applicant
must meet specified education, age, and experience qualifications,
and pass a board-administered standard written examination. After
passing the standard written examination, the applicant must
additionally pass a clinical vignette written examination. (BPC §
4992.1)
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4) Additionally provides for the registration and regulation of MFT
interns, and associate clinical social workers (ASWs) by the BBS;
and provides that a registration expires each year and may be
renewed a maximum of five times. (BPC §§ 4984.01, 4996.28)
5) Further provides for each applicant for a LCSW license, after
January 1, 2014, to successfully pass the Association of Social
Work Boards Clinical Level Examination administered by the
Association of Social Work Boards, only if the Board determines
that the examination meets the prevailing examination standards in
California. The applicant must also complete a separate California
jurisprudence and ethics examination incorporated or developed and
administered by the BBS. (BPC § 4996.1)
This bill:
1) Revises the requirements for MFT and LCSW applicants to pass a
standard written examination to instead require applicants to pass
a California law and ethics examination.
2) Revises the requirements for MFT and LCSW applicants to pass a
clinical vignette written examination to instead require applicants
to pass a clinical examination.
3) Removes references to the oral examination.
4) Repeals those provisions that would have become operative on
January 1, 2014, and would instead, for an MFT and LCSW license,
revise and recast provisions related to examinations to require,
effective January 1, 2013, applicants to pass a clinical
examination and a California law and ethics examination.
5) Requires, effective January 1, 2013, MFT interns and ASWs to take
the California law and ethics examination in the first year after
they are registered with the BBS.
6) States the intent of the Legislature that the national licensing
examination, the Association of Social Work Boards Clinical Level
Examination administered by the Association of Social Work Boards,
be evaluated by the BBS as a requirement for licensure as a
clinical social worker.
7) Authorizes the BBS to adopt the Association of Social Work Boards
Clinical Level Examination as the clinical examination for social
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workers, if the BBS finds that the examination meets the
examination standards for licensing and certification tests in
California.
8) Makes technical cleanup, 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 (BBS) to restructure the examination process for
applicants seeking MFT and LCSW licenses. According to the Board,
under current law, applicants for MFT or LCSW licensure must take a
standard written examination (standard examination) upon completion
of examination eligibility requirements. Once they pass the
standard examination, they must take a clinical vignette
examination.
Under this bill, effective January 1, 2013, applicants for MFT and
LCSW licensure would be required to pass two examinations: a
California law and ethics examination (law and ethics examination)
and a clinical examination (clinical examination). These new
examinations would replace the standard written and the clinical
vignette exams currently in place, according to BBS.
The BBS states that the proposed examination restructure sets up a
framework for the BBS to smoothly transition to a national testing
system. The BBS is currently working with the MFT and LCSW
national testing agencies in order to ensure that their national
examinations will meet testing standards unique to the needs of
California. Once the BBS is able to accept the national
examinations, they will replace the current clinical vignette
examination. Applicants would then take the California law and
ethics examination, as well as a national clinical examination.
Ultimately, accepting the national examinations would benefit
applicants by allowing greater reciprocity and portability of
licenses across states.
2. Background. Beginning in February 2008, the BBS established an
Examination Program Review Committee (EPRC) to review the BBS's
LCSW, LEP, and MFT examination programs and evaluate associated
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issues. The EPRC conducted an open-ended inquiry to gather
information, allowing stakeholders and interested parties
opportunities to provide input, feedback, and express any concerns
regarding the examination programs.
In December 2009, the EPRC made several recommendations relating to
modification of the current license examination process for MFTs
and LCSWs. The first recommendation is to revise the current
process for applicants, which includes the standard examination
after meeting the examination eligibility requirements. After
passing the standard examination, the applicant must pass the
clinical vignette examination. The Committee further recommended
requiring MFT interns and ASWs to complete and pass a California
law and ethics examination. The framework of this examination
would consist of law and ethics questions that a recent program
graduate would be reasonably expected to know.
3. Clinical Vignette Examination. The BBS's clinical vignette
examination describes clinical cases reflective of the types of
clients and presenting problems consistent with entry-level
practice. The clinical vignettes provide candidates with the
opportunity to demonstrate their ability to integrate and apply
professional knowledge and clinical skills.
The items in the written clinical vignette examination have been
written and reviewed by practitioners, and are based on job-related
tasks and knowledge identified in the BBS's examination plan. The
examination items are written at a level that requires candidates
to apply integrated education and supervised experience, and have
been evaluated to ensure statistical performance standards are met.
The clinical vignette written examination was created by the BBS to
replace the oral examination previously administered by the BBS.
In 1998, the oral examination was the target of legislation (SB
288, Haynes), which would have eliminated the oral examination for
LCSWs. Although this legislation failed passage, the BBS began to
consider other options to the oral examinations. Ultimately the
BBS decided to include a clinical vignette examination and SB 363
(Figueroa, Chapter, 874, Statutes of 2003) gave the BBS authority
to offer a written examination, an oral examination, or both. In
April 2004, the BBS implemented the written clinical vignette
examination.
4. Arguments in Support. In sponsoring this bill, the Board of
Behavioral Sciences (BBS) states that the bill would require
applicants for MFT and LCSW licenses to pass two new examinations:
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a California law and ethics examination and a clinical examination.
These new examinations would replace the standard written and the
clinical vignette examinations currently in place. BBS argues that
the proposed examination restructure would enhance consumer
protection by requiring an applicant, while practicing as an
unlicensed registrant (MFT intern or ASW) to pass an examination on
the legal and ethical practice of their profession.
Additionally, BBS states, restructuring the examinations establishes a
framework for the Board to transition to a national testing system.
Ultimately, accepting the national examinations would benefit
applicants by allowing greater reciprocity and portability of
licenses across states.
SUPPORT AND OPPOSITION:
Support:
Board of Behavioral Sciences (Sponsor)
Opposition:
None received as of March 30, 2011.
Consultant:G. V. Ayers