BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1527
                                                                  Page  1


          SENATE THIRD READING
          SB 1527 (Negrete McLeod)
          As Amended  June 6, 2012
          Majority vote 

           SENATE VOTE  :35-0  
           
           BUSINESS & PROFESSIONS      9-0 APPROPRIATIONS      17-0        
           
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          |Ayes:|Hayashi, Bill Berryhill,  |Ayes:|Fuentes, Harkey,          |
          |     |Allen, Butler, Eng,       |     |Blumenfield, Bradford,    |
          |     |Hagman, Hill, Ma, Smyth   |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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 








                                                                  SB 1527
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            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, 
            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  :   According to the Assembly Appropriations 
          Committee, negligible state fiscal effect.

           COMMENTS  :  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 








                                                                  SB 1527
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          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."

          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." 


           Analysis Prepared by  :    Elissa Silva / B.,P. & C.P. / (916) 
          319-3301 


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