BILL ANALYSIS �
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|Hearing Date:June 10, 2013 |Bill No:AB |
| |451 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 451Author:Eggman
As Amended:June 3, 2013 Fiscal: Yes
SUBJECT: Healing arts: therapists and counselors: licensing.
SUMMARY: Delays the timeline for implementation of new licensing
requirements for out-of-state Licensed Marriage and Family Therapist
(LMFT) and Licensed Professional Clinical Counselor (LPCC) applicants
to the Board of Behavioral Sciences (BBS), from January 1, 2014 to
January 1, 2016.
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) �
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 applicants
licensed outside of California who apply for licensure on or after
January 1, 2014 and obtained education outside of California. (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)
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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 LPCC applicants who apply for
examination or eligibility requirements between January 1, 2011 and
December 31, 2013, 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 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)
This bill:
1)Specifies the provisions that apply to persons who are licensed
outside of California and apply for licensure on or after January 1,
2016.
2)Specifies the provisions that apply to persons who do not hold an
out-of-state license and who apply for licensure on or after January
1, 2016.
3)Outlines the education equivalency requirements for persons who apply
for licensure or registration on or after January 1, 2016.
4)Extends the period of time that the BBS may issue a license to a
person who holds a valid license issued by an out-of-state licensing
board from January 2010 to December 31, 2014 to January 1, 2010 to
December 31, 2015.
5)Specifies that the law permitting the BBS to issue a license to a
person who holds a valid license issued by a licensing board shall
remain in effect until January 1, 2016.
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6)Indicates that experience gained outside of California can be
accepted toward licensure requirements if it is substantially
equivalent to BBS licensure requirements for persons who apply for
licensure between January 1, 2010 and December 31, 2015.
7)Specifies that the law permitting the BBS to accept experience gained
outside of California toward licensure requirements shall remain in
effect until January 1, 2016.
8)Extends the date for an applicant who applies for examination
eligibility for registration who does not hold a license from
January 1, 2011 to December 31, 2014 to January 1, 2011 to December
31, 2015 and indicates that the provision shall remain in effect
until January 1, 2016.
9)Specifies the licensure requirements for applicants who apply for
examination eligibility or registration between January 1, 2011 and
December 31, 2015 and indicates that the provisions shall remain in
effect until January 1, 2016.
10)Establishes the provision for the BBS to issue a license to a person
who holds a valid license as a professional clinical counselor or
other counseling license in another state on or after January 1,
2016.
11)Establishes the provision for the BBS to education and experience
from a person who does not hold a valid license as a professional
clinical counselor or other counseling license in another state on
or after January 1, 2016 and indicates that the provisions shall
remain in effect until January 1, 2016.
FISCAL EFFECT: According to the Assembly Appropriations Committee
analysis dated April 10, 2013, the costs to the BBS are probably minor
and absorbable, depending on the extent to which BBS's review of the
scheduled changes to the licensure requirements leads to any
significant proposal for revision.
COMMENTS:
1.Purpose. This bill is sponsored by the Board of Behavioral Sciences
(BBS). According to the Sponsor, "This bill would delay upcoming
changes to requirements for out-of-state applicants for licensure as
LMFT's and LPCC's due to concerns that the new requirements will
create significant barriers to licensure. Postponing the
implementation date?will allow the BBS to carefully consider the
best way to allow additional remediation options for these
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applicants while maintaining public protection, and allow the BBS
ample time to run legislation to address the situation once the best
course of action has been determined."
2.Background. LMFT Out-of-State Applicants . The BBS does not have
reciprocity with any other state licensing board. Any person from
another state seeking a license in California will need to
demonstrate compliance with all California licensing requirements,
apply for LMFT licensure and pass a Standard Written Examination and
a Written Clinical Vignette Examination.
Depending on an out-of-state applicant's experience and education,
the process of completing or providing proof of completion of the
California licensing requirements will differ. Currently, any
out-of-state LMFT applicant must prove completion of all California
education requirements, including:
A qualifying graduate degree (as determined by the BBS).
Additional coursework (not required for MFT Intern
registration), including:
o Child Abuse Assessment and Reporting (7 hours; must be
taken in California);
o Human Sexuality (10 hours);
o Chemical Substance Abuse Dependency (15 hours);
o Spousal / Partner Abuse Assessment, Detection and
Intervention (15 hours);
o Psychological Testing (2 semester units or 3 quarter
units);
o Psychopharmacology (2 semester units or 3 quarter units);
and
o Law and Ethics (2 semester or 3 quarter units; or 18
hours).
3,000 hours of supervised work experience.
104 weeks of supervision.
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LPCC Out-of-State Applicants . Similar to LMFT out-of-state
applicants, LPCC out-of-state applicants have specified supervised
work experience and education requirements.
A qualifying graduate degree (as determined by the BBS).
Additional coursework including:
o Psychopharmacology (2 semester or three quarter unit s);
o Alcohol and other chemical substance abuse dependency (15
hours);
o Human sexuality (10 hours );
o Spousal or partner abuse assessment, detection, and
intervention (15 hours);
o Child abuse assessment and reporting (7 hours);
o California law and professional ethics (8 hours);
o Aging and long-term care (10 hours); and,
o Crisis or trauma counseling (15 hours).
Six semester or nine quarter units of supervised practicum or
field study with a minimum of 150 hours of face-to-face
supervised clinical experience counseling individuals, families,
or groups.
3,000 hours of supervised work experience.
104 weeks of supervision.
The applicant must first pass the California Law and Ethics
Examination and then pass the National Clinical Mental Health
Counselor Examination (NCMHCE), or submit proof of passing the
NCMHCE.
New Education and Experience Requirements for LMFTs and LPCCs .
Effective 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
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education curriculum requirements for LMFTs and LPCCs. Applicants
for licensure as LMFTs and LPCCs 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.
1.Arguments in Support. The BBS as sponsors of the bill state that,
"Licensing requirements for out-of-state LMFT and LPCC applicants
are set to change on January 1, 2014. These changes?require these
out-of-state applicants to complete a long list of very specific
education requirements?The Board is concerned that the manner in
which this coursework must be remediated is so strict that it could
be severely costly and time-intensive for out-of-state applicants
for licensure, therefore restricting portability of the LMFT and
LPCC license types to California."
The California Association for Licensed Professional Clinical
Counselors and the California Association of Marriage and Family
Therapists state their support of this legislation when they write,
"We agree with the plan to delay upcoming changes to the
requirements of out-of-state applicants for licensure as LPCCs and
LMFTs. Postponing the implementation date?will allow the BBS to
consider the best way to allow additional remediation options for
these applicants."
4. Prior Related Legislation. SB 146 (Wyland, Chapter 381, Statutes
of 2011) extended existing law that applies to LMFTs to apply 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
Practice Act which provides for the licensing and regulation of
LPCCs by BBS.
SB 1218 (Correa, 2008) attempted to update and recast the
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educational curriculum requirements for LMFTs. ( Note : 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.
SUPPORT AND OPPOSITION:
Support:
California Board of Behavioral Sciences (Sponsor)
California Association for Licensed Professional Clinical Counselors
California Association for Marriage and Family Therapists
Opposition:
None on file as of June 4, 2013.
Consultant:Le Ondra Clark, Ph.D.