BILL ANALYSIS Ó SB 243 Page 1 Date of Hearing: June 11, 2013 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Richard S. Gordon, Chair SB 243 (Wyland) - As Amended: May 7, 2013 SENATE VOTE : 34-0 SUBJECT : Professional Clinical Counselors. SUMMARY : Revises the current training and education requirements for Licensed Professional Clinical Counselors (LPCCs) in order for them to complete the training required for treatment of couples or families during a degree program, rather than after the program. Specifically, this bill : 1)Deletes the current requirement that LPCCs obtain additional training and education beyond the minimum training and education required for licensure, and instead allows that training and education to be obtained during a degree program, as specified. 2)Adds the direct counseling of couples or families to the 1750 hours of direct counseling currently required of LPCC applicants, as specified. EXISTING LAW 1)Establishes the Licensed Professional Clinical Counselor Act and authorizes the Board of Behavioral Sciences (BBS) to license and regulate LPCCs. (Business and Professions Code (BPC) Section 4999.10) 2)Defines professional clinical counseling to mean "the application of counseling intervention and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems." (BPC 4999.20) 3)States that professional clinical counseling does not include the assessment or treatment of couples or families unless the professional clinical counselor has completed additional training and education beyond the minimum training and SB 243 Page 2 education required for licensure as specified. (BPC 4999.20) 4)States that in order to qualify for the LPCC licensure examination, applicants complete a minimum of 3000 post-degree hours of supervised clinical mental health experience related to the practice of professional clinical counseling performed over a period of not less than two years, which shall include not less than 1750 hours of direct counseling with individuals or groups among other specified requirements. (BPC 4999.46) FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : 1)Purpose of the bill . Currently, LPCCs are not authorized to provide counseling services for the assessment or treatment of couples or families unless they have completed additional training and education beyond the minimum requirement for licensure. As the Board of Behavior Sciences interprets existing law, LPCCs who are interested in providing these services are required to take additional coursework or training outside of a master's or doctoral degree program, when many degree programs specifically offer marriage and family coursework as a part of the degree program. This bill simply revises current law to allow LPCCs to obtain the required training and education during their master's or doctoral degree program, rather than after, in order to provide treatment and services for couples and families. This bill is sponsored by the California Association for Licensed Professional Clinical Counselors. 2)Author's statement . According to the author, "Existing law specifies that Professional clinical counseling does not include the assessment or treatment of couples or families unless the professional clinical counselor has completed all of the following additional training and education, beyond the minimum training and education required for licensure?Because the additional education requirement for the LPCC license includes the language 'beyond the minimum training and education required,' the [BBS] is interpreting this language to mean that specialized coursework taken within an individual's master's degree education cannot be accepted as the 'additional education' required for the practice of SB 243 Page 3 working with couples or families. It is also interpreted that LPCC hours cannot be included within the required 3000 post-degree supervised hours. This unintentionally required subsequent coursework and supervised hours in addition to existing degree requirements. These interpretations do not reflect the intent of the original bill." 3)Licensed Professional Clinical Counselor . SB 788 (Wyland), Chapter 619, Statutes of 2009, established the LPCC Act. LPCCs are the newest of the four licensure groups for mental health related services regulated by the BBS. California was the 50th state to establish licensure for this profession. LPCCs can use a variety of psychological techniques to help their clients, including individual, group, marriage and family therapy. Mental health services are provided in numerous settings including, but not limited to, community mental health clinics, private practice, and hospital settings. LPCCs can be licensed to treat couples, families, individuals and children. 4)Licensure Requirements . In order to obtain licensure as an LPCC, an applicant who began graduate study on or after August 1, 2012 is required to obtain a master's or doctoral degree from an accredited or approved institution, which covers counseling or psychotherapy in content, and includes supervised practicum in specified content areas. In addition, an applicant must obtain a minimum of 3000 post-degree hours of experience supervised by a LPCC, Licensed Marriage and Family Therapist, Licensed Clinical Social Worker, licensed psychologist or licensed physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology. Of the 3000 hours required, not less than 1750 hours must involve direct counseling with individuals or groups in a clinical mental health counseling setting and 150 hours in a hospital or community mental health setting. In addition, an applicant must receive a passing score on the National Clinical Mental Health Counselor Examination (NCMHCE) and the California Law and Ethics Exam, which are taken upon completion of the supervised hours. Under current law, in order to provide marriage and family therapy services upon licensure, the LPCC must also complete SB 243 Page 4 education and training requirements beyond the minimum education requirements outlined by their degree program including six semester or nine quarter units of study focused on the application of marriage and family therapy, not less than 500 hours of supervised experience working directly with couples, families or children, and at least six hours of continuing education related to marriage and family therapy. This bill seeks to allow an applicant for licensure to obtain coursework on marriage and family services during an appropriate degree program as opposed to obtaining coursework after earning the degree. 5)Education . According to the BBS Web site, there are approximately 35 schools that offer coursework in a master's degree or doctoral program for licensure as an LPCC. The appropriate coursework must be obtained from a program that that is regionally accredited or at an institution that is approved by the Bureau of Private Postsecondary Education. There are degree programs which offer the appropriate education relevant to the assessment and treatment of couples or families as part of their degree program. Without the change that this bill proposes, students will need to repeat the course work post-degree which could be costly and difficult, and would potentially delay licensure. 6)Arguments in support . The California Association for Licensed Professional Clinical Counselors writes in support: "The LPCC scope of practice prevents LPCCs from seeing families and couples, unless they have additional education and training in marriage and family therapy beyond the requirements for LPCC licensure. This means that the additional optional education must be above and beyond the degree requirements for the LPCC license, and that the couples and family supervised hours must be above and beyond the 3000 post-degree hours required by the LPCC license." The California Association of Marriage and Family Therapists writes in support, "Although the law says the education and experience must be in addition to, and not part of, what is required for licensure, this was not the intent of the legislation. This legislation will fix this confusing language and allow for the education and experience to be acquired as part of their 3000 hour requirement, as intended by the original legislation." SB 243 Page 5 7)Previous legislation . SB 146 (Wyland), Chapter 381, Statutes of 2011, extended existing law that applies to LMFTs to apply to LPCCs as well. SB 788 (Wyland), Chapter 619, Statutes of 2009, established the LPCC Act which provides for the licensing and regulation of LPCCs by BBS. REGISTERED SUPPORT / OPPOSITION : Support California Association for Licensed Professional Clinical Counselors (sponsor) American Association for Marriage and Family Therapy-California Division Board of Behavioral Sciences California Association of Marriage and Family Therapists Opposition None on file. Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916) 319-3301