BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  March 29, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


          AB 1917  
          (Obernolte) - As Introduced February 11, 2016


          SUBJECT:  Mental health care professionals:  qualifications.


          SUMMARY:  Clarifies that education gained while residing outside  
          of California should be based on the location of the school,  
          instead of on the location of the individual, for applicants for  
          licensure as a marriage and family therapist (LMFT) and a  
          professional clinical counselor (LPCC); clarifies the coursework  
          and practicum requirements for applicants for licensure as a  
          LPCC, and makes other technical and clarifying changes to the  
          practicum requirements for out-of-state LMFT and LPCC  
          applicants. 


          EXISTING LAW:


          1)Establishes the Board of Behavioral Sciences (BBS) within the  
            Department of Consumers (DCA) to license and regulate LMFTs  
            and LPCCs.  (Business and Professions Code (BPC) Sections 4980  
            et seq. and 4999.10 et seq.) 
          2)Specifies that a person engages in the practice of marriage  
            and family therapy when he or she performs, offers to perform,  
            or holds himself or herself out as able to perform services.  
            (BPC Section 4980.10)









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          3)Authorizes the BBS to issue a license to a person who holds a  
            valid license in good standing issued by a board of marriage  
            counselor examiners, board of marriage and family therapists,  
            or corresponding authority of any state or country if  
            specified conditions are met including the applicant's  
            education is substantially equivalent.  (BPC Section 4980.72  
            (b)(1))


          4)Authorizes the BBS to accept education gained outside of  
            California for purposes of satisfying the licensure or  
            registration requirements, for LMFT applicants who do not hold  
            a license, if the education is substantially equivalent, as  
            specified.  (BPC Section 4980.74(a)(b)


          5)Allows an out-of-state LMFT applicant, who has been licensed  
            for less than two years in clinical practice, and who does not  
            meet specified practicum requirements, to remediate it by  
            obtaining 150 hours of face-to-face counseling and an  
            additional 75 hours of either face-to-face counseling or  
            client-centered advocacy, or a combination of both, as  
            specified.  (BPC Section 4980.79(b)(1(C)(ii))


          6)Authorizes the BBS to issue a license to a LPCC applicant who,  
            at the time of submitting an application for licensure, holds  
            a valid license as a professional clinical counselor, or other  
            counseling license, that allows the applicant to independently  
            provide clinical mental health services, if specified  
            conditions are met.  (BPC Section 4999.60)


          7)Authorizes the BBS to accept education gained while residing  
            outside of California, for purposes of satisfying licensure or  
            registration requirements for LPCC applicants who do not hold  
            a license outside of California, if the education is  
            substantially equivalent to in-state education requirements,  








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            as specified.  (BPC Sections 4999.61 and 4999.62)


          8)Specifies the degree requirements for licensure as an LPCC to  
            contain no less than 48 graduate semester or 72 graduate  
            quarter units of instruction and specifies the core content  
            areas.  (BPC Section 4999.32(c)(1)(A))


          THIS BILL:


          1)Deletes the BBS's authorization to accept education gained  
            while residing outside of California and instead permits the  
            BBS to accept education gained from an out-of-state school for  
            purposes of licensure or registration for both LMFT and LPCC  
            applicants.  


          2)Revises the practicum degree requirements for licensure as a  
            LMFT to include experience counseling individuals, couples,  
            families, or groups, as specified. 


          3)Specifies that the practicum degree requirements for licensure  
            as a LPCC include experience that involves direct client  
            contact, for applicants who begin graduate study before August  
            1, 2012 and complete study on or before December 31, 2018.


          4)Expands the practicum degree requirements for licensure as a  
            LPCC to include experience counseling individuals, couples,  
            families, or groups, as specified, for an applicant who  
            applies after January 1, 2016. 


          5)States that an applicant for licensure as a LPCC, cannot have  
            coursework deficiencies in assessment, appraisal and testing  
            of individuals, or principles of the diagnostic process, as  








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            specified. 


          6)Makes other technical and clarifying changes. 


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel. 


          COMMENTS:


          Purpose.  This bill is sponsored by the  BBS  .  This bill revises  
          the BBS's acceptance of education gained out-of-state for LMFT  
          and LPCC applicants; amends the coursework specifications for  
          LPCCs in an effort to ensure that degrees obtained by  
          out-of-state education will lead to licensure in California;  
          and, clarifies the practicum requirements for both LMFT and LPCC  
          applicants.    According to the author, "the [BBS] has worked  
          with its stakeholders through its Committee process to develop  
          this proposal.  It believes that together, these amendments will  
          assist with license portability for applicants with degrees from  
          out-of-state schools, while upholding public protection by  
          ensuring that the qualifying degree was carefully designed to  
          prepare an applicant for his or her chosen licensed profession."


          LMFTs and LPCCs.  The BBS licenses and regulates LMFTs and  
          LPCCs.  LMFTs are employed in a variety of mental health  
          agencies, counseling centers, and private practices.  LPCCs work  
          in a variety of settings including hospitals, community-based  
          mental health organizations, and private practice.  Both LPCC  
          and LMFT applicants must demonstrate that they have taken  
          courses in specified topic areas.  Certain courses must be  
          completed within the graduate degree program, while other  
          courses may be remediated after completion of the degree  
          program.  Education and experience requirements for LMFTs  
          include a master's degree in specified counseling, therapy, or  








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          psychology from a school approved by either a regional  
          accrediting agency recognized by the United States Department of  
          Education (USDE) or approved by the Bureau of Private  
          Postsecondary Education.  Additionally, LMFT applicants are  
          required to obtain 3000 hours of supervised work experience.   
          LPCC applicants are required to have a master's degree that is  
          in psychotherapy or counseling from an accredited or approved  
          school and obtain 3000 of supervised work experience.  


          Out-of-State Education.  Both the LMFT and LPCC practice acts  
          authorize applicants to apply for licensure in California if  
          their out-of-state education is substantially equivalent and the  
          specified curriculum requirements are met.  Both LMFT and LPCC  
          applicants, who obtain education at institutions outside of  
          California, are permitted to remediate coursework deficiencies  
          as out-of-state degree programs are not tailored to California  
          specific licensing law, whereas students who obtain education  
          from California institutions are not permitted to remediate  
          coursework deficiencies.  According to the BBS, BPC Sections  
          4980.74 and 4999.61 define education gained outside of  
          California based on the location of the school rather than the  
          residence or location of the student at the time the degree is  
          earned.  


          The BBS notes that online degrees are gaining popularity, and  
          the BBS is encountering an increasing number of LMFT and LPCC  
          applicants who complete online degree programs from out-of-state  
          schools while residing in California.  Current law prohibits  
          these applicants from remediating any coursework deficiencies  
          for in-state applicants whose education is acquired from an  
          institution outside of California.  Specifically, BPC Sections  
          4980.74 and 4999.61 state that the BBS can only accept education  
          gained while residing outside of California.  This bill will  
          change that requirement to permit the BBS to accept education  
          gained from an out-of-state school regardless of the residency  
          of the applicant; thereby, allowing California residents who  
          obtain out-of-state degrees to remediate missing California  








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          coursework requirements. 


          Degree requirements for LMFT and LPCC applicants who obtain  
          education either in-state or out-of-state must include six  
          semester or nine quarter units of practicum.  Practicum  
          requirements for LMFT applicants, who obtain their degree  
          in-state, specify the counseling practicum requirements needed  
          for licensure.  However, the practicum specifications for those  
          who gained education out-of-state are less specific.  This bill  
          will specify that practicum requirements include face-to-face  
          experience counseling individuals, couples, families, or groups  
          to be more consistent with the requirements for applicants who  
          obtained a degree in-state. 


          Practicum requirements for LPCCs include six semester or nine  
          quarter units of supervised practicum or field study experience,  
          or the equivalent in a clinical setting, as specified.   
          Currently, those practicum requirements do not specify that the  
          practicum coursework include direct client contact.  This bill  
          specifies the degree requirements for LPCCs to include direct  
          client contact in the six semester or nine quarter units of  
          practicum.  


          LPCC Educational Requirements.  Under current law, LPCC  
          applicants are required to possess a master's or doctoral degree  
          in counseling or psychotherapy, as specified.  The intent of the  
          degree requirement is for an applicant to obtain a degree in  
          which the core content is designed to lead to LPCC licensure.   
          However, the BBS notes that some degrees may include counseling  
          or psychotherapy content, but are not necessarily intended for  
          licensure as a LPCC in California because the core content areas  
          do not meet specified core curriculum requirements.  In an  
          effort to address this issue, this bill will specify that a LPCC  
          degree must contain coursework in two core areas: 1) assessment,  
          appraisal, and testing of individuals; and, 2) principles of the  
          diagnostic process.  In addition, this bill specifies that those  








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          two core coursework requirements must be completed during the  
          degree program and cannot be remediated after completing the  
          degree.  Degree requirements for clinical counselor licensing  
          can vary by state, and this bill aims to ensure that degrees  
          obtained at in-state and out-of-state institutions meet core  
          content requirements necessary for licensure.


          Prior Related Legislation.  AB 428 (Eggman), Chapter 379,  
          Statutes of 2014, authorizes certain coursework requirements for  
          licensure as a LMFT and licensed clinical social worker to be  
          completed through continuing education instead of formal  
          classroom training, as specified.   


          AB 451 (Eggman), Chapter 551, Statutes of 2014, extends the  
          current effective date for new education, examination, and  
          eligibility requirements for out-of-state applicants for LMFT  
          and LPCC, 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.  


          ARGUMENTS IN SUPPORT: 


          The  BBS  writes in support, "First, the bill amends the  
          coursework and practicum required of LPCC applicants, in order  
          to ensure that an applicant's master's degree was designed to  
          qualify him or her to practice professional clinical  
          counseling?second, the bill amends the LMFT and LPCC licensing  
          law to define education gained out-of-state based on the  
          location of the school, rather than based on the residence of  
          the applicant.  The [BBS] has historically allowed applicants  
          with out-of-state degrees to remediate some education content,  
          with the understanding that out-of-state degree programs do not  
          gear their coursework toward meeting California-specific  
          licensing requirements.  However, as online degree programs have  








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          increased in popularity, the [BBS] finds that the definition of  
          out-of-state education needs to be modified to accommodate  
          applicants living in California, but obtaining degrees online  
          from schools in other states."


          ARGUMENTS IN OPPOSITION:


          None on file.


          REGISTERED SUPPORT:  


          Board of Behavioral Sciences (sponsor)
          American Association for Marriage and Family Therapy, California  
          Division

          REGISTERED OPPOSITION:  


          None on file.







          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301
















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