BILL ANALYSIS Ó
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|Hearing Date:April 16, 2012 |Bill No:SB |
| |1527 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 1527Author:Negrete McLeod
As Amended April 9, 2012 Fiscal: Yes
SUBJECT: Social workers: licensing.
SUMMARY: Requires applicants for licensure as a clinical social
worker and registration as an associate social worker to complete
coursework in California law and professional ethics. It also
clarifies the age of licensure examination scores that the Board may
accept from an out of state applicant.
Existing law:
1) Provides for the licensure and regulation of social workers by the
California Board of Behavioral Sciences (Board) per the Clinical
Social Worker Practice Act.
(BPC § 4991 et seq.)
2) Requires an applicant for registration to satisfy certain training
and course work requirements. (BPC § 4996.18)
3) Requires a person who wishes to be credited with experience toward
license requirements to register with the Board as an associate
clinical social worker. (BPC § 4996.18)
4) Grants all boards under the authority of the Department of Consumer
Affairs, by regulation, to develop guidelines to prescribe
components for mandatory continuing education programs. (BPC §
166)
5) Specifies that any board administering a mandatory continuing
education program, when accepting hours for credit which are
obtained out of state, shall ensure that the course for which
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credit is given is administered in accordance with specific
guidelines to ensure that mandatory continuing education is used as
a means to create a more competent licensing population, thereby
enhancing public protection. (BPC § 166 (a)(f))
6) Requires the Board to issue a clinical social worker license to
each applicant, outside of the state, who satisfies specified
educational requirements and passes the licensure examinations
administered by the Board. (BPC § 4996.17)
This bill:
1) Restructures the examination process by requiring the applicant,
commencing January 1, 2013, to complete an 18-hour course in
California Law and Professional Ethics in order for the Board to
issue a clinical social worker license or register an associate
social worker from another state.
2) Requires that, after January 1, 2013, the California Law and
Professional Ethics Examination must be taken within the first year
of an applicant's registration with the Board.
3) Clarifies that, for applicants who do not hold an out of state
license, a passing score on the licensure examination taken out of
state, and received no more than 7 years prior, may be accepted by
the Board.
4) Authorizes the Board to accept licensure examination scores for
applicants who already hold a valid license in good standing in
another state and who have passed the licensure examination
regardless of when it was taken.
5) Specifies that the Board shall accept the examination scores only
if the applicant's license has not been revoked, suspended,
surrendered, denied or otherwise restricted or encumbered as a
result of any disciplinary proceeding brought about by the
licensing authority of that jurisdiction.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1. Purpose. This bill is sponsored by the California Board of
Behavioral Sciences (Sponsor). According to the Author, this bill
will ensure that an applicant has taken the necessary coursework to
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be prepared to take the California Law and Professional Ethics
Examination. The requirements are consistent with current
requirements in law for marriage and family therapists and
professional clinical counselor applicants for licensure and
registration.
2. Related Legislation. SB 704 (Negrete McLeod) Chapter 387,
Statutes of 2011, restructures the examination process for
individuals seeking a licensed clinical social worker license
beginning January 1, 2013. After this date, an associate social
worker registrant must do the following:
a) Take the California Law and Professional Ethics
examination within the first year of registration with the
Board.
b) If the Law and Professional Ethics examination is
not passed within the first renewal period, the registrant
must complete a 12-hour law and ethics course in order to be
eligible to take the examination in the next renewal cycle.
The exam must be re-taken in each renewal cycle until
passed. In addition, in each year the examination is not
passed, the 12-hour law and ethics course must be taken to
establish examination eligibility.
SB 704 specifies that the Law and Professional Ethics examination
must be passed in order to obtain a license.
SB 704 also allows the Board to consider using national if they
meet California standards. However, it did not place a limit on
when a passing score on the clinical examination must have been
obtained for licensed clinical social worker and licensed marriage
and family therapist applicants.
3. Arguments in Support. The California Board of Behavioral Sciences
indicates that the proposed changes will clarify current law as it
relates to acceptability of exam scores, allowing greater license
portability for out-of-state applicants who already hold a current
out-of-state license in good standing. In addition, the proposed
amendments will ensure that the licensed clinical social worker
applicants are prepared to take the California Law and Professional
Ethics examination.
SUPPORT AND OPPOSITION:
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Support:
California Board of Behavioral Sciences
Opposition:
None received as of April 9, 2012.
Consultant:Le Ondra Clark