BILL ANALYSIS Ó
AB 1917
Page 1
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
AB 1917
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