BILL ANALYSIS �
AB 451
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Date of Hearing: April 2, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 451 (Eggman) - As Introduced: February 19, 2013
SUBJECT : Healing arts: therapists and counselors: licensing.
SUMMARY : Extends the current effective date for new education,
examination and eligibility requirements for out-of-state
applicants for licensed marriage and family therapist (LMFT) and
licensed professional clinical counselor (LPCC) licenses from
January 1, 2014 to January 1, 2015, and extends the operation
and repeal date for current examination, eligibility and
curriculum requirements for out-of-state applicants from January
1, 2014 to January 1, 2015. Specifically, this bill :
1)Extends the effective date from January 1, 2014 to January 1,
2015, for LMFT applicants who are licensed outside of
California to meet new licensure requirements, as specified.
2)Extends the effective date from January 1, 2014 to January 1,
2015, for LMFT applicants who do not hold a license outside of
California, but have gained educational experience outside of
California to meet new licensure requirements, as specified.
3)Extends the effective date from January 1, 2014 to January 1,
2015 for specified equivalent education requirements to take
effect for LMFT applicants.
4)Extends from December 31, 2013 to December 31, 2014, the
current licensure requirements for LMFT applicants who hold a
license outside of California as specified, and extends the
repeal date of this provision from January 1, 2014 to January
1, 2015.
5)Extends from December 31, 2013 to December 31, 2014 the
current licensure requirements for LMFT applicants who have
gained experience outside of California, but do not hold a
license as specified, and extends the repeal date of this
provision from January 1, 2014 to January 1, 2015.
6)Extends the effective date new examination eligibility
requirements from December 31, 2014 to December 31, 2015, for
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LPCC applicants who do not hold a license outside of
California, but have gained educational experience outside of
California, and extends the repeal date of this provision from
January 1, 2014 to January 1, 2015.
7)Extends from December 31, 2013 to December 31, 2014, the
examination eligibility requirements for LPCC applicants who
have been licensed for at least two years outside of
California as specified, and extends the repeal date of this
provision from January 1, 2014 to January 1, 2015.
8)Extends from December 31, 2013 to December 31, 2014 the
examination eligibility requirements for LPCC applicants who
have been licensed for less than two years outside of
California as specified, and extends the repeal date of this
provision from January 1, 2014 to January 1, 2015.
9)Extends the effective date from January 1, 2014 to January 1,
2015 for LPCC applicants who are licensed outside of
California to meet new licensure requirements, as specified.
10)Extends the effective date from January 1, 2014 to January 1,
2015, for LPCC applicants who do not hold a license but have
gained educational experience outside of California to meet
new licensure requirements, as specified.
11)Extends the effective date from January 1, 2014 to January 1,
2015 for new equivalent education requirements to take effect
for LPCC applicants who have gained experience or education
outside of California or hold a license outside of California,
as specified.
EXISTING LAW
1)Establishes specified licensing requirements for LMFT
applicants who are licensed outside of California and apply
for licensure on or after January 1, 2014. (Business and
Professions Code (BPC) Section 4980.72)
2)Establishes specified registration, education and experience
requirements for LMFT applicants who currently do not hold a
license outside of California, on or after January 1, 2014.
(BPC 4980.74)
3)Establishes the equivalent education guidelines for LMFT
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applicants licensed outside of California who apply for
licensure on or after January 1, 2014 and obtained education
outside of California, as specified. (BPC 4980.78)
4)Establishes the licensure requirements for LMFT applicants who
hold an out-of-state license and apply for licensure between
January 1, 2010 and December 31, 2013, and repeals these
requirements effective January 1, 2014. (BPC 4980.80)
5)Authorizes experience gained outside of California to be
accepted towards the licensure requirements for LMFT
applicants who apply for licensure between January 1, 2010 and
December 31, 2013 if specified criteria are met, and repeals
that authority effective January 1, 2014. (BPC 4980.90)
6)Authorizes experience gained outside of California to be
accepted towards the licensure requirements for LPCCs
applicants who apply for examination or eligibility
requirements between January 1, 2011 and December 31, 2013 if
specified criteria are met, and repeals that authority
effective January 1, 2014. (BPC 4999.57)
7)Establishes the examination eligibility requirements for LPCC
applicants who apply for licensure between January 1, 2011 and
December 31, 2013 who hold a valid license outside of
California for more than two years and meet specified
criteria, and repeals these requirements effective January 1,
2014. (BPC 4999.58)
8)Establishes the examination eligibility or registration
requirements for LPCC applicants who apply for licensure
between January 1, 2011 and December 31, 2013 and hold a valid
license outside of California for less than two years and meet
specified criteria, and repeals that authority effective
January 1, 2014. (BPC 4999.59)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . Under current law, the BBS may issue a
license to a LMFT or LPCC applicant who holds a valid
out-of-state license or was educated in another state if the
applicant meets specified education, experience, and
examination requirements. However, existing law also mandates
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that a new, more rigorous set of requirements for LMFTs and
LPCCs go into effect on January 1, 2014, when the current
requirements are set to expire. The BBS has expressed concerns
that those new requirements may be unreasonably difficult for
out-of-state applicants to meet. In response, this bill would
simply extend the operation and sunset dates for the current
requirements, and the effective date of the new requirements,
by one year in order to give BBS more time to review and
possibly revise the new requirements. This bill is sponsored
by the BBS.
2)Author's statement . According to the author, "this bill seeks
to postpone new licensing requirements for out-of-state LMFT
and LPCC applicants [wanting] to apply for a license in
California. New licensing requirements are set to go into
effect on January 1, 2014. The BBS is concerned that the new
requirements are so costly and time-intensive for applicants
who have already earned licensure in another state that the
portability of LPCC's and LMFT's from other states will be
restricted. Currently, out-of-state applicants must complete
some coursework that is specific to California?postponement
allows BBS to carefully consider the best way to allow
additional remediation options for out-of-state applicants
while maintaining public protection."
3)Out-of-state LMFT applicants . Beginning January 1, 2014,
certain educational and experience requirements are set to
take effect as result of SB 33 (Correa), Chapter 26, Statutes
of 2009, which recast the education curriculum requirements
for LMFTs. Applicants for licensure as LMFTs will be required
to meet these revised educational requirements. New
applicants must take a broad range of coursework, from
understanding marriage and family principles to cultural
competency and sensitivity, including a familiarity with the
racial, cultural, linguistic, and ethnic backgrounds of
persons living in California. These courses could be
difficult to obtain in out-of-state programs as they relate
specifically to California and may not be offered at
out-of-state educational institutions. This could potentially
block an individual licensed or educated outside of California
from qualifying for licensure in California without providing
an appropriate way to make up the required coursework.
This bill simply delays the January 1, 2014 implementation
date of the new educational requirements and the subsequent
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repeal date of the current statutory educational requirements
by one year to give BBS (and a special committee created under
BBS's jurisdiction) more time to review and revise the new
education and curriculum requirements to ensure that they are
not overly cumbersome or prohibitive for out-of-state
applicants.
4)Previous LMFT educational reforms . In 2009, after years of
limited updates to the LMFT curriculum, Senator Correa's SB 33
revised the educational curriculum requirements for LMFTs to
help ensure that the education required for LMFTs met the
evolving demands of the profession. The legislation provided
delayed effective dates in order to give schools and other
interested parties enough time to make the programmatic
changes to core requirements for licensure. The requirements
for out-of-state licensure and education portability are set
to take effect on January 1, 2014 for both LMFTs and LPCCs.
5)LPCC licensing . SB 788 (Wyland), Chapter 619, Statutes of
2009, established the LPCC Act which provided for the
licensing and regulation of LPCCs by BBS. When the
legislation was set to take effect in 2010, many sections of
California law that applied to other mental health
professionals had yet to be revised to incorporate LPCCs.
Because LPCCs are largely comparable to LMFTs, SB 146
(Wyland), Chapter 381, Statutes of 2011, was passed to amend
various code sections relating to LMFTs so that the same
substantive provisions and requirements would apply to LPCCs
as well. Because the out-of-state applicant requirements for
LPCCs were mirrored after LMFT law, similar education, exam
and experience requirements for out-of-state applicants also
become effective January 1, 2014, meaning that LPCCs are faced
with similar licensure access and portability issues as LMFTs.
6)Arguments in support . The BBS writes in support, "This bill
would extend the effective date for upcoming changes to
requirements for out-of-state applicants for licensure as a
LMFT and LPCC. This allows the BBS to carefully consider the
best way to allow additional education options for these
applicants while maintaining public protection, and allows the
BBS ample time to run legislation once the best course of
action has been determined."
7)Previous legislation . SB 146 (Wyland), Chapter 381, Statutes
of 2011 extended existing law that applies to LMFTs to apply
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to LPCCs as well.
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 added new elements
to the curriculum, including public mental health practices,
revised the requirements for applicants licensed or educated
outside of California; and repeals the current LMFT
educational requirements on January 1, 2019.
SB 788 (Wyland), Chapter 619, Statutes of 2009, established
the LPCC Act which provides for the licensing and regulation
of LPCCs by BBS.
SB 1218 (Correa) of 2008, attempted to update and recast the
educational curriculum requirements for LMFTs. SB 1218 was
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.
AB 234 (Eng), Chapter 586, Statutes of 2007, revised to the
LMFT licensing law pertaining to the number of hours of
experience required for licensure.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Behavioral Sciences (sponsor)
California Association for Licensed Professional Clinical
Counselors
California Association of Marriage and Family Therapists
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
AB 451
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