BILL ANALYSIS Ó SB 1527 Page 1 Date of Hearing: June 12, 2012 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 1527 (Negrete McLeod) - As Amended: June 6, 2012 SENATE VOTE : 35-0 SUBJECT : Board of Behavioral Sciences: licensing. SUMMARY : Revises requirements for individuals applying for licensure or registration as a marriage and family therapist (MFT), a licensed clinical social worker (LCSW), an associate clinical social worker (ACSW), or a licensed professional clinical counselor (LPCC). Specifically, this bill : 1)Requires the Board of Behavioral Sciences (BBS) to accept a passing score on the MFT, LCSW, or LPCC clinical examination for a period of seven years from the date the examination was taken. 2)Requires an MFT applicant who is licensed out-of-state, and who applies after January 1, 2014, to pass the California law and ethics examination and a BBS-designated clinical examination. 3)Allows an MFT, LCSW, and LPCC applicant who is licensed or registered out-of-state to apply for licensure without taking the clinical examination if specified conditions are met. 4)Restructures the examination process by requiring an LCSW applicant, commencing January 1, 2014, to complete specified training or coursework in California Law and Professional Ethics in order for the BBS to issue a clinical social worker license to an applicant from out-of-state. 5)Requires an ACSW applicant to have completed coursework in California law and professional ethics for clinical social workers as specified, commencing January 1, 2014. 6)Requires BBS, if BBS chooses to accept a national examination or other examinations as specified, to accept a passing score on the LPCC clinical examination for a period of seven years from the date the examination was taken, until January 1, SB 1527 Page 2 2014. 7)Repeals obsolete provisions of law. EXISTING LAW : 1)Provides for the licensure and regulation of LCSWs, MFTs and LPCCs by the BBS per the Clinical Social Worker Practice Act, the Marriage and Family Therapists Act, and the Licensed Professional Clinical Counselors Act. 2)Requires an applicant for registration or licensure to satisfy certain training and coursework requirements and authorizes the BBS to establish guidelines for licensure for out-of-state applicants. FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . According to the author's office, "SB 704 (Negrete Mcleod), Chapter 387, Statutes of 2011, restructured the examination process for MFT, LCSW, and LPCC applicants, effective January 1, 2013. Each ACSW registrant will be required to take and pass a California law and ethics exam once the BBS's exam restructuring becomes effective. Because of this new requirement, this bill proposes adding an education requirement, beginning January 1, 2013, Ýfor] an individual seeking ACSW registration or LCSW licensure to complete coursework in California law and ethics. These requirements will ensure that an applicant has taken coursework to prepare for the California Law and Ethics exam. The requirements are consistent with current requirements in law for MFT and LPCC applicants. "SB 704 also allowed the BBS to consider using national examinations as the clinical examinations, if they meet California standards. However, it did not place a limit on Ýhow long] a passing score on the clinical exam must have been obtained for LCSW and MFT applicants. The proposed changes will allow greater license portability for out-of-state applicants who already hold a current out-of-state license in good standing." SB 1527 Page 3 Background . This bill is a follow-up measure to SB 704 which was the result of efforts at the BBS to review the LCSW, Licensed Educational Psychologists (LEP), and MFT examination programs and evaluate associated issues. According to information provided by the BBS, "The goal of the examination restructure is to enhance consumer protection by requiring an applicant, while practicing as an unlicensed registrant (marriage and family therapy intern, associate social worker, or clinical counselor intern) to take and pass an exam on the legal and ethical practice of their profession. Additionally, the restructuring sets up a framework for the BBS to smoothly transition to a national testing system." "The BBS is currently working with the Association of Marital and Family Therapy Regulatory Board and the Association of Social Work Boards 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 MFT and LCSW licensing examinations, they will replace the BBS-administered clinical exam. Applicants would then take the California law and ethics exam as well as a national exam. Ultimately, accepting the national examinations will benefit applicants by allowing greater portability of licenses across states." Previous Legislation . SB 704 (Negrete Mcleod), Chapter 387, Statutes of 2011, revised and recast examination requirements for persons seeking licensure as a LMFT, LCSW, or LPCC, effective January 1, 2013. REGISTERED SUPPORT / OPPOSITION : Support Board of Behavioral Sciences (sponsor) California Association of Marriage and Family Therapists Opposition None on file. Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916) 319-3301 SB 1527 Page 4