BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:April 21, 2014        |Bill No:SB                         |
        |                                   |1012                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                              Senator Ted W. Lieu, Chair
                                           

                         Bill No:        SB 1012Author:Wyland
                         As Amended:April 21, 2014 Fiscal: No

        
        SUBJECT:  Marriage and family therapists: trainees
        
        SUMMARY:  Extends the number of hours that an individual with a  
        qualifying degree can count towards their weekly supervision  
        requirement from five to six hours.

        Existing law:
        
        1) Provides for the licensure, registration and regulation of MFTs by  
           the Board of Behavioral Sciences (BBS).  (Business and Professions  
           Code (BPC) § 4990 et seq.)

        2) Defines "intern" as an unlicensed person who has earned his or her  
           master or doctoral degree qualifying him or her for licensure and  
           is registered with the BBS.  (BPC § 4980.03 (b))

        3) Defines "trainee" as an unlicensed person who is currently enrolled  
           in a master or doctoral degree program, that is designed to qualify  
           him or her for licensure, and who has completed no less than 12  
           semester units or 18 quarter units of coursework in any qualifying  
           degree program.  (BPC § 4980.03 (c))

        4) Defines "experience" as experience in interpersonal relationships,  
           psychotherapy, marriage and family therapy, and professional  
           enrichment activities that satisfies the requirement for licensure  
           as a MFT.  (BPC § 4980.03 (f))

        5) Defines "supervisor" as an individual who meets all of the  
           following requirements: 






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           a)   Has been licensed by a state regulatory agency for at least  
             two years as a marriage and family therapist, licensed clinical  
             social worker, licensed professional clinical counselor, licensed  
             psychologist or licensed physician certified in psychiatry by the  
             American Board of Psychiatry and Neurology.

           b)   If a licensed professional clinical counselor, the individual  
             should have completed the additional training and education  
             requirements specified in BPC § 4999.20 (3) (a).

           c)   Has not provided therapeutic services to the trainee or  
             intern.

           d)   Has a current and valid license that is not under suspension  
             or probation.

           e)   Complies with supervision requirements established by the BBS  
             via regulations.  (California Code of Regulations (CCR) Title 16,  
             § 1833 et seq.)

        6) Specifies that an applicant for licensure must not complete more  
           than 40 clinical hours in any seven consecutive days.  (BPC §  
           4980.43 (a) (2))

        7) Specifies that no more than 1300 hours of supervised experience and  
           750 hours of clinical contact with clients shall be obtained prior  
           to completing the graduate degree.  (BPC § 4980.43 (a) (4))

        8) Requires a trainee to attain supervised clinical experience while  
           working in clinical settings under the supervision of licensed  
           professionals.  (BPC § 4980.43 et seq.)

        9) Specifies that a trainee can receive one additional hour of direct  
           supervisor contact for every week in which more than 10 hours of  
           client contact is gained in each clinical setting.  (BPC § 4980.43  
           (c) (2))

        10)Specifies that no less than 1700 hours of supervised experience  
           shall be completed after obtaining the graduate degree.  (BPC §  
           4980.43 (a) (3))

        11)Specifies that no more than five hours of supervision shall be  
           credited, during any single week, for interns.  (BPC § 4980.43 (c)  
           (2))

        12)Further specifies, that during each week in which experience is  





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           claimed, and for each work setting in which experience is gained,  
           an applicant shall have at least one hour of one-on-one,  
           individual, face-to-face supervisor contact or two hours of  
           face-to-face supervisor contact in a group of not more than eight  
           persons receiving supervision.  Additionally, no more than five  
           hours of supervision, whether individual or group, shall be  
           credited during any single week.  (CCR Title 16, § 1833(b) (1) (2))

        This bill:  Extends the number of hours that an individual with a  
        qualifying degree can count towards their weekly supervision  
        requirement from five to six hours. 

        
        FISCAL EFFECT:  This bill has been keyed "non-fiscal" by Legislative  
        Counsel.

        
        COMMENTS:
        
        1. Purpose.  This bill is sponsored by the  California Marriage and  
           Family Therapists Association  (CAMFT).  According to the Author,  
           "This bill will allow MFT trainees and interns to be able to count  
           all the supervised hours they actually obtain toward licensure.  By  
           modifying the hour requirement process, the path to licensure will  
           be improved.  MFTs will be able to complete their requirements more  
           quickly and be available to serve the public."

        2. Background.   MFT Trainees and Interns  .  Trainees are individuals  
           who are enrolled in MFT graduate programs who have completed at  
           least 12 semester or 18 quarter units of coursework.  Interns have  
           earned their graduate degree, are registered with BBS, but have not  
           yet taken the licensing examination.  There are over 16,000 interns  
           registered with the BBS.

            MFT Trainee and Intern Supervision Requirements  .  Current law  
           requires that MFT trainees and interns complete 3000 hours of  
           clinical experience in order to gain licensure.  Clinical  
           experience includes contact with clients in clinical settings such  
           as mental health agencies, hospitals or doctor's offices.  No more  
           than 1000 of the required hours can be gained from direct  
           supervisor contact.  Direct supervisor contact is defined as one  
           hour per week of face-to-face contact in individual supervision or  
           two hours per week of face-to-face contact in a group supervision  
           setting.  Trainees must receive an average of one hour of direct  
           supervisor contact for every five hours of clinical work with  
           clients.  Interns must receive at least one additional hour of  





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           direct supervisor contact for every week in which more than 10  
           hours of client counseling is gained.

        3. Arguments in Support.  The  California Association of Marriage and  
           Family Therapists  (Sponsor) supports the bill and writes, "MFT  
           Trainees and Registered Interns often work at multiple work sites  
           and obtain more than five hours of supervision a week in order to  
           meet the requirements for counting client counseling hours received  
           during that week. Removing this limitation is to allow MFT Trainees  
           and Registered Interns to count all the supervisor contact hours  
           they actually obtain, which will result in many of these applicants  
           being able to complete their hours of experience in a timelier  
           fashion?many more Californians will have insurance coverage for  
           mental health benefits due to the recent passage of the Affordable  
           Care Act.  The sooner these applicants are licensed, the sooner  
           they are able to join the workforce and provide the counseling  
           services consumers desperately need."
           
           The  California Council of Community Mental Health Agencies  also  
           supports the bill and states its letter, "The bill would remove the  
           five hour restriction it (sic) thus provides more opportunity for  
           trainees to advance towards licensure.  Since there is a shortage  
           of licensed therapists this bill will help address an important  
           healthcare need."

        4. Policy Issues.  As it is written, this bill would amend current law  
           that allows  interns  to count up to six hours of clinical  
           supervision per week.  However, in materials submitted by the  
           Author's office, it appears that the intent of this bill is to  
           allow  both interns and trainees  to count up to six hours of  
           clinical supervision per week towards their clinical hour  
           requirements.  It should be noted that this bill will  not  extend  
           the hours requirements for trainees.

           In addition, the BBS indicates that there have been very few  
           complaints from applicants regarding the current five hour  
           supervision cap.  The BBS suggests bringing this issue to its  
           Supervision Committee to discuss further in late June. 


        SUPPORT AND OPPOSITION:
        
         Support:  

        California Association of Marriage and Family Therapists (Sponsor) 
        California Council of Community Mental Health Agencies





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        Opposition:
         
        None received as of April 15, 2014



        Consultant:Le Ondra Clark, Ph.D.