BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 451
Author: Eggman (D)
Amended: 8/15/13 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 10-0, 6/10/13
AYES: Lieu, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 4/18/13 (Consent) - See last page for
vote
SUBJECT : Healing arts: therapists and counselors: licensing
SOURCE : Board of Behavioral Sciences
DIGEST : This bill 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; and changes the
out-of-state licensee experience requirements for LMFT and LPCC
applicants.
Senate Floor Amendments of 8/15/13 change the out-of-state
licensee experience requirements for LMFT and LPCC applicants to
count time actively licensed as experience at a rate of 100
hours per month, up to 1,200 hours.
CONTINUED
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ANALYSIS :
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.
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.
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.
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.
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.
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.
7.Establishes the examination eligibility 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 more than two years, and repeals these
requirements effective January 1, 2014.
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
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valid license outside of California for less than two years
and meet specified criteria, and repeals that authority
effective January 1, 2014.
9.Requires the BBS to consider hours of experience obtained
outside of Califoria during the six-year period immediately
preceding the date the applicant initially obtained the
license and his/her education is substantially equivalent.
This bill extends the current effective date for new education,
examination and eligibility requirements for out-of-state
applicants for LMFT and LPCC licenses and extends the operation
and repeal date for current examination, eligibility and
curriculum requirements for out-of-state applicants.
Specifically, this bill:
1.Specifies the provisions that apply to persons who are
licensed outside of California and apply for LMFT 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 LMFT licensure on or
after January 1, 2016.
3.Outlines the education equivalency requirements for persons
who apply for LMFT licensure or registration on or after
January 1, 2016.
4.Extends the period of time that the BBS may issue an LMFT
license to a person who holds a valid license issued by an
out-of-state licensing board from January 1, 2010 to December
31, 2013, to January 1, 2010 to December 31, 2015, and
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.
5.Indicates that experience gained outside of California can be
accepted toward LMFT 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; and 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.
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6.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.
7.Specifies the licensure requirements for LPCC 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.
8.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.
9.Establishes the provision for the BBS to accept 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.
10.Requires, in determining whether an applicant's supervised
experience is substantially equivalent, time actively
licensed as an LMFT or LPCC to be accepted at a rate of 100
hours per month up to a maximum of 1,200 hours if the
applicant has less than 3,000 hours of qualifying supervised
experience.
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
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completion of all California education requirements, including a
qualifying graduate degree (as determined by the BBS);
additional coursework (not required for MFT Intern
registration); 3,000 hours of supervised work experience; and
104 weeks of supervision.
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, including
a qualifying graduate degree (as determined by the BBS);
additional coursework; 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; and 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 for out-of-state applicants are set to take effect
as result of SB 33 (Correa, Chapter 26, Statutes of 2009) which
recast the education curriculum requirements for LMFTs and
LPCCs. Out-of-state 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/21/13)
Board of Behavioral Sciences (source)
California Association for Licensed Professional Clinical
Counselors
California Association of Marriage and Family Therapists
ARGUMENTS IN SUPPORT : According to the author's office, "This
bill would delay upcoming changes to requirements for
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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 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."
ASSEMBLY FLOOR : 76-0, 4/18/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon,
Salas, Skinner, Stone, Ting, Torres, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Holden, Lowenthal, Mitchell, Vacancy
MW:nl 8/21/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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