BILL ANALYSIS Ó
SB 1527
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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,
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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."
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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
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