BILL ANALYSIS Ó
AB 1084
Page 1
Date of Hearing: January 12, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 1084
(Bonilla) - As Amended January 4, 2016
SUBJECT: Social workers: examination.
SUMMARY: Makes conforming changes to the examination
requirements for an applicant for licensure as a clinical social
worker (LCSW), who possesses a master's degree from a school or
department of social work, that is seeking accreditation, to
allow the applicant to take the law and ethics examination while
the applicant's school or department is a candidate for
accreditation, as specified.
EXISTING LAW:
1)Requires a person who wishes to be credited with experience
toward licensure as an LCSW to register with the Board of
Behavioral Sciences (BBS) as an associate clinical social
worker (ACSW) prior to obtaining that experience. (Business
and Professions Code (BPC) Section 4996.18 (a))
2)Requires an applicant for registration as an ACSW to possess a
master's degree from an accredited school or department of
social work; have committed no crimes, as specified, and
completed specified training and coursework in California law
and professional ethics for clinical social workers. (BPC
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Section 4996.18(b))
3)Specifies that an applicant who possesses a master's degree
from a school or department of social work that is a candidate
for accreditation by the Commission on Accreditation of the
Council on Social Work Education (Commission), is required to
register as an ACSW in order to gain experience toward
licensure, but the applicant is not eligible to take an
examination until the school or department of social work has
received accreditation by the Commission. (BPC Section 4996.18
(c))
4)States that registration as an ACSW expires one year from the
last day of the month during which it was issued; and in order
to renew the registration, the applicant must complete all of
the following: (BPC Section 4996.28(a))
a) Apply for renewal on a form prescribed by the BBS;
b) Pay the required renewal fee;
c) Notify the BBS of any specified convictions of a felony
or misdemeanor, or of any disciplinary action taken by a
regulatory or licensing board in California or another
state;
d) On or after January 1, 2016, obtain a passing score on
the California law and ethics examination.
States that registration as an ACSW may be renewed a maximum of
five times, and when no renewal is available, an applicant may
apply for a new ACSW registration, as specified. (BPC Section
4996.28(a)(b))
AB 1084
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THIS BILL:
Revises the examination eligibility requirements for those
applicants who possess a master's degree from a school or
department of social work that is a candidate for accreditation
by the Commission, to take the California law and ethics
examination while their school or department is seeking
accreditation, as specified, and maintains the current
prohibition on those applicants from taking the clinical
examination.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the Author. According to the
author, "this bill makes conforming changes to the examination
eligibility requirements to allow an applicant for licensure
as an LCSW to take the California law and ethics examination
while the applicant's school or department of social work is
waiting for accreditation. This bill will clarify that an
applicant for registration will be eligible to take the law
and ethics examination, one of the two required examinations
for licensure, during the time that an applicant's educational
institution is seeking accreditation from the [Commission] in
order to renew their registration as an ACSW."
Background. LCSW's may be employed in health facilities,
private practice, or state and county mental health agencies,
among others. The minimum requirements for licensure for LCSWs
include a master's degree in social work from an accredited
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school or department of social work, 3,200 hours of supervised
experience, as specified, 1,700 which must be gained under the
supervision of a licensed LCSW; however, all required supervised
hours must be gained in California and accrued while registered
with the BBS as an ACSW.
SB 704 (Negrete McLeod) Chapter 387, Statutes of 2011,
restructured the examination process for Licensed Marriage and
Family Therapists (LMFTs), LCSWs, and Licensed Professional
Clinical Counselors (LPCCs). That bill established new
requirements for licensure and registration which included a
provision that applicants must take and pass both a California
law and ethics examination and a clinical examination as
prescribed by the BBS. Those changes also required that
beginning January 1, 2016, in order to renew registration as an
ACSW, an individual must take and pass the California law and
ethics examination. However, under current law, BPC Section
4996.18 specifies that a LCSW applicant is not eligible to take
any examination until his or her school or department of social
work has received accreditation by the Commission. Without the
changes proposed by this bill, an individual may not be able to
take the California and law and ethics examination rendering the
applicant ineligible for renewal.
According to information from the BBS, the purpose of BPC
Section 4996.18 was to prohibit an LCSW applicant from obtaining
licensure until the applicant's school or department of social
work obtained accreditation from the Commission. However, as a
result of SB 704, the new examination requirements will be
implemented January 1, 2016. After this date, in order to renew
an ACSW registration, an applicant must take and pass the law
and ethics examination. Previously, both required examinations
were taken at the end of acquiring hours and upon meeting
educational accreditation standards. Since accrediting a school
can takes several years, the current law could cause a first
year associate to be unable to take the California law and
ethics examination, and consequently, be unable to renew his or
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her registration. This bill simply makes conforming changes to
allow applicants for LCSW to take the law and ethics examination
while their school or department of social work is waiting for
accreditation, in order to meet new examination requirements for
those registered as ACSWs.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None of file.
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301