BILL ANALYSIS �
AB 428
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Date of Hearing: April 16, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 428 (Eggman) - As Amended: March 21, 2013
SUBJECT : Healing arts: marriage and family therapists:
clinical social workers: coursework.
SUMMARY : Authorizes certain coursework requirements for
licensure as a licensed marriage and family therapist (LMFTs)
and licensed clinical social worker (LCSWs) to be completed
through continuing education (CE) instead of formal classroom
training, as specified. Specifically, this bill :
1)Authorizes applicants for licensure as a LMFT to complete
coursework in alcoholism and other chemical substance
dependency from a master's or doctoral degree program at an
accredited or approved institution, as specified, or from a
board-accepted provider of CE.
2)Authorizes applicants for licensure as a LMFT to complete
coursework in spousal or partner abuse assessment, detection,
and intervention strategies from a master's or doctoral degree
program at an accredited or approved institution, as
specified, or from a board-accepted provider of CE.
3)Deletes the requirement that an applicant for licensure as a
LMFT must obtain a coursework certification from the chief
academic officer of the educational institution from which the
applicant graduated.
4)Deletes the requirement that an applicant for licensure as a
LCSW must obtain coursework certification from the chief
academic officer of the educational institution from which the
applicant graduated.
EXISTING LAW :
1)Defines what constitutes the practice of marriage and family
therapy. (Business and Professions Code (BPC) Section 4980.10)
2)Establishes the prerequisite coursework and training
requirements for a LMFT applicant who completes study before
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December 31, 2018 to sit for the licensing examination, and
repeals those provisions on January 1, 2019. (BPC 4980.37 and
4980.41)
3)Establishes the educational requirements for licensure as a
LMFT and provides that a doctoral or master's degree in
marriage and family therapy, couple and family therapy,
psychology, or counseling with an emphasis in either marriage
or family therapy obtained from a school, college or
university approved by the Bureau for Private Postsecondary
Education (BPPE) as of a specified date, shall be considered
by the Board of Behavioral Sciences (BBS) to meet the
requirements necessary for licensure as LMFT and LMFT intern.
(BPC 4980.40.5)
4)Establishes the requirements for licensure for LCSW and
requires each applicant to furnish satisfactory evidence to
BBS that he or she has complied with specified requirements.
(BPC 4996.2)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill will make clear that initial
applicants for LMFT and LCSW licenses have the option to
complete certain required coursework through either a master's
or doctoral program or a BBS-accepted CE provider. The aim is
to help certain in-state applicants who meet general licensure
requirements but lack certain mandated coursework to become
licensed more easily. This bill is sponsored by BBS.
2)Author's statement . According to the author, "This bill seeks
to allow applicants for a LMFT license to remediate courses
that they may have missed during their [master's or doctoral]
degree program. This bill is needed because potential
applicants find out during the application process that they
do not qualify for a license due to missing coursework, even
though the applicants [have already] graduated from a
qualifying program. While an out-of-state LMFT applicant may
remediate these courses, an in-state applicant cannot.
Consequently, an applicant must begin a new graduate program
or enter a different profession altogether after spending
time, energy, and money to complete a graduate program.
[Additionally], LCSW applicants must complete instruction and
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training in spousal or partner abuse assessment. However, for
LCSW applicants, the law is less clear about whether the
instruction and training must be part of the degree program.
The BBS has historically allowed LCSW applicants to remediate
deficiencies in coursework. The BBS would like to clarify
[the] law to ensure they are acting appropriately by
specifying that a LCSW applicant may remediate courses from an
accredited or approved educational institution or from a [BBS]
accepted CE provider."
3) Licensure for LMFT applicants in California . In order
for LMFTs to become licensed in California, applicants who
began graduate study prior to August 1, 2012 must meet
rigorous academic requirements including a master's or
doctoral degree from an accredited institution. There are
instances where an in-state applicant may be missing a
designated course and there is no practical option to
remedy the course deficiency, other than for the applicant
to reapply for graduate study to make up the deficiency.
This could possibly create a hardship for the applicant, as
the additional graduate level coursework can be costly and
difficult to obtain. The CE option for remediation will
provide opportunities throughout the year for in-state
applicants who need to obtain these required courses.
Currently, LMFTs who apply for licensure with a master's or
doctorate degree earned in California must demonstrate that
their degree covers very specific topics, including
instruction in alcoholism and other chemical substance
dependencies, and spousal or partner abuse assessment,
detection and intervention strategies. Applicants for
licensure who have received the appropriate degree but are
deficient in the certain courses are unable to sit for the
licensure examination and cannot obtain a license until they
take those courses. There are instances where an applicant is
missing a designated course but there is no option other than
enrolling in a new program. The BBS estimates that
approximately 10 applicants are turned away annually as a
result of deficient coursework.
Additionally, applicants for licensure as a LCSW are required
to take a course in spousal or partner abuse assessment,
detection and intervention strategies. Current law is less
clear as to their ability to take the required course outside
of their master's or doctoral degree program, which BBS
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currently permits. As such, this bill would clarify that
applicants for LCSW licensure may take a course in spousal or
partner abuse assessment, detection and intervention
strategies through an approved CE provider.
4) Reasons for missing coursework . According to BBS, there
are multiple reasons why an individual may have difficulty
obtaining the required coursework. For example, an
individual may not have completed classes during a medical
leave or a school did not offer the course at a convenient
time and the student was eligible to graduate without the
course, assuming that the course could be taken later.
Also, BBS evaluators note instances of individuals who have
earned a Ph.D. in Clinical Psychology and have taken all
other classes required to qualify for an LMFT license, but
the doctoral program did not offer a spousal or partner
abuse assessment course.
5)Arguments in support . The BBS writes in support that "This
bill would correct an inequity in law for applicants for
licensure as a LMFT. An out-of-state LMFT applicant may
remediate this coursework outside of the degree program but by
law, an in-state LMFT applicant cannot. LCSW applicants must
also complete instruction; however, for LCSW applicants, the
law is less clear about whether the instruction and training
must be part of the degree program. This bill would clarify
that LCSW applicants may remediate coursework outside of the
degree program."
The California Association of Marriage and Family Therapists
write in support, "this bill would serve to make the laws more
consistent and, therefore, equitable across all licensing
types. [This] bill would also give applicants more
opportunities to remediate coursework by permitting applicants
to complete coursework at an accredited or approved
educational institution or through an approved CE provider."
6)Related legislation . AB 451 (Eggman) of 2013, extends the
current effective date for new education, examination and
eligibility requirements for out-of-state applicants for
licensure as a LMFT and LPCC from January 1, 2014 to January
1, 2015, and extends the repeal date of certain existing
education, examination and eligibility requirements for
out-of-state applicants from January 1, 2014 to January 1,
2015. That measure was heard in the Assembly Business,
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Professions and Consumer Protection Committee on April 2, 2013
and passed 13-0.
7)Previous legislation . SB 33 (Correa), Chapter 26, Statutes of
2009, updated the educational curriculum requirements for
LMFTs to require persons who begin graduate study after August
1, 2012 to meet increased total unit requirements and
practicum hours for face-to-face counseling. Additionally, it
integrated elements including public mental health practices
throughout the curriculum, and revised the requirements for
applicants licensed or educated outside of California. The
current LMFT educational requirements are scheduled to be
repealed on January 1, 2019.
SB 1218 (Correa) of 2008, attempted to update and recast the
educational curriculum requirements for LMFTs. SB 1218 was
one of several measures vetoed by the Governor, stating that,
due to the 2008-2009 State Budget delay, only bills of the
highest priority for California would be signed.
SB 564 (Speier), Chapter 481, Statutes of 2002, requires
applicants for licensure as LMFTs, LCSWs and psychologists to
complete a minimum of 15 hours of specified coursework in
spousal or partner abuse assessment, detection, and
intervention strategies. That bill also requires current
licensees to take a one-time CE course.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Behavioral Sciences (sponsor)
American Association for Marriage and Family Therapy
California Association for Licensed Professional Clinical
Counselors
California Association of Marriage and Family Therapists
National Association of Social Workers-California Chapter
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
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