BILL ANALYSIS �
AB 428
Page 1
ASSEMBLY THIRD READING
AB 428 (Eggman)
As Amended March 21, 2013
Majority vote
BUSINESS & PROFESSIONS 12-0
APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Gordon, Bocanegra, |Ayes:|Gatto, Harkey, Bigelow, |
| |Campos, Dickinson, | |Bocanegra, Bradford, Ian |
| |Eggman, Hagman, Holden, | |Calderon, Campos, |
| |Maienschein, Mullin, | |Donnelly, Eggman, Gomez, |
| |Skinner, Ting, Wilk | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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
AB 428
Page 2
applicant graduated.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor and absorbable costs to the Board of Behavioral
Sciences (BBS).
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
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
AB 428
Page 3
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
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
AB 428
Page 4
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."
Analysis Prepared by : Elissa Silva / B., P. & C.P. / (916)
319-3301
FN: 0000340