BILL ANALYSIS �
AB 451
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 451 (Eggman)
As Amended August 27, 2013
Majority vote
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|ASSEMBLY: |76-0 |(April 18, |SENATE: |37-0 |(September 3, |
| | |2013) | | |2013) |
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Original Committee Reference: B., P. & C.P.
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, 2016, 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, 2016. Specifically, this bill :
1)Extends the effective date from January 1, 2014, to January 1,
2016, 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,
2016, 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,
2016, for specified equivalent education requirements to take
effect for LMFT applicants.
4)Extends from December 31, 2013, to December 31, 2015, 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, 2016.
5)Extends from December 31, 2013, to December 31, 2015, 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, 2016.
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6)Extends the effective date new examination eligibility
requirements from December 31, 2014, to December 31, 2015, for
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, 2016.
7)Extends from December 31, 2013, to December 31, 2015, 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, 2016.
8)Extends from December 31, 2013, to December 31, 2015, 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, 2016.
9)Extends the effective date from January 1, 2014, to January 1,
2016, 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, 2016, 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, 2016, 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.
The Senate amendments extend the current effective date for new
education, examination and eligibility requirements for
out-of-state licensed LMFTs and LPCCs from January 1, 2015, to
January 1, 2016; extend the operation and repeal date for
current examination, eligibility, and curriculum requirements
for out-of-state applicants from January 1, 2015, to 2016; and,
extend the application eligibility period for specified
applicants from 2014 to 2015.
EXISTING LAW :
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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 Section 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, as specified. (BPC Section 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 Section 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
Section 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,
if specified criteria are met, and repeals that authority
effective January 1, 2014. (BPC Section 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 Section 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
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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. (BPC Section 4999.59)
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Purpose of this bill . Under current law, the Board of
Behavioral Sciences (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 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 two years 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
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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
repeal date of the current statutory educational requirements
by two years 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)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.
This bill would extend those requirements by an additional
two years to January 1, 2016.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
AB 451
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FN: 0002352