BILL ANALYSIS Ó AB 2191 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Rudy Salas, Chair AB 2191 (Salas) - As Amended April 6, 2016 SUBJECT: Board of Behavioral Sciences. SUMMARY: Extends the regulatory authority of the Board of Behavioral Sciences (BBS), and its authority to appoint an executive officer (EO) until January 1, 2021. EXISTING LAW: 1)Establishes the BBS, under the Department of Consumer Affairs (DCA), to license and regulate Licensed Clinical Social Workers (LCSWs), Licensed Marriage and Family Therapists (LMFTs), Licensed Educational Psychologists (LEPs), Licensed Professional Clinical Counselors (LPCCs), Associate Clinical Social Workers (ACSWs), Marriage and Family Therapist Interns (MFT Interns), and Professional Clinical Counselor Interns (PCC Interns) (Business and Professions Code (BPC) Sections 4980 et seq.) 2)States that protection of the public is the highest priority AB 2191 Page 2 of the BBS in exercising its licensing, regulatory, and disciplinary functions and whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public is paramount. (BPC Section 4990.16) 3)Authorizes the BBS to conduct research in, and make studies of problems involved in, the maintaining of professional standards among those engaged in the professions it licenses and may publish its recommendations thereon. (BPC Section 4999.10) 4)Authorizes the BBS to adopt rules and regulations as necessary to administer and enforce the provisions of the BBS licensing acts, and requires the adoption, amendment or repeal of those rules and regulations to be made in accordance with Administrative Regulations and Rulemaking as specified in Government Code Sections 11340 et seq. 5)Requires the BBS to appoint an executive officer, which is designated as a confidential position, who is exempt from civil services and serves at the pleasure of the BBS, as specified, and repeals that authority January 1, 2017. (BPC Section 4990.04 6)Requires the powers and duties of the BBS, as specified, to be subject to review by the appropriate policy committees of the Legislature, and sunsets the provisions of the BBS on January 1, 2017. THIS BILL: 1)Extends the regulatory authority of the BBS and its authority AB 2191 Page 3 to appoint an executive officer, as specified, by four years, until January 1, 2021. FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel. COMMENTS: Purpose. Unless legislation is carried this year to extend the sunset date for the BBS, it will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised about the BBS in the Assembly Committee on Business and Professions' staff Background Paper and during its sunset review hearing on March 14, 2016. In addition, this bill will extend the BBS's authority to appoint an executive officer. Board of Behavioral Sciences. The BBS licenses and regulates LCSWs, LMFTs, LEPs, and LPCCs. Additionally, the BBS registers ACSWs, MFT Interns, PCC Interns, and until June 30, 2015, registered continuing education (CE) providers. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in certain areas. Below are a few examples of settings in which licensees may work; however, licensees may work in other settings that lawfully provide mental health services. LMFTs are employed in mental health agencies, counseling centers, and private practice. They utilize counseling or therapeutic techniques to assist individuals, couples, families, and groups with a focus on marriage, family, and relationship issues. LCSWs are employed in health facilities, private practice, and state and county mental health couples, AB 2191 Page 4 families, and groups. LEPs work in schools or in private practice and provide educational counseling services such as aptitude and achievement testing or psychological testing. LEPs may not provide psychological testing or counseling services that are unrelated to academic learning processes in the education system. LPCCs apply counseling interventions 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. LPCCs work in a variety of settings including hospitals, private practice, and community-based mental health organizations. Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year. The Sunset Review Process. The sunset review process provides a formal mechanism for the DCA, the Legislature, the regulatory boards, bureaus and committees, interested parties, and stakeholders to make recommendations for improvements to the authority of consumer protection boards and bureaus. This is performed on a standard four-year cycle and was mandated by SB 2036 (McCorquodale), Chapter 908, Statutes of 1994. Each eligible agency is required to submit to the Committees a report covering the entire period since last reviewed that includes, AB 2191 Page 5 among other things, the purpose and necessity of the agency and any recommendations of the agency for changes or reorganization in order to better fulfill its purpose. During the sunset review hearings, the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency. In the Committee's Background Paper on the BBS, issues were raised regarding the BBS's ability to handle the increasing enforcement workload, ensure a smooth transition during the examination restructure, increase CE audits, and ensure that supervisors and supervisees are following current statutory requirements. This bill will authorize the continued operation of the BBS in its current regulatory capacity and require the BBS to be reviewed by the Legislature again in four years. By continuing the functions of the BBS, this bill will allow it to continue in its regulatory capacity for the protection of consumers and the regulation of all aspects of the mental health professionals which the BBS licenses and regulates. Current Related Legislation. AB 1084 (Bonilla) of 2016, makes conforming changes to the examination requirements for an applicant for licensure as a 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. Note: This bill is currently pending in the Senate Committee on Business, Professions and Economic Development. AB 1917 (Obernolte) of 2016, 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 LMFT and a LPCC; AB 2191 Page 6 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. Note: This bill is pending on the Assembly Floor. SB 1478 (Committee on Business, Professions and Economic Development) of 2016, makes numerous substantive, technical, and minor non-controversial changes to various provisions of the healing arts boards regulated by the DCA, including the BBS. Note: This bill is currently pending in the Senate Committee on Business, Professions and Economic Development. REGISTERED SUPPORT: None on file. REGISTERED OPPOSITION: None on file. Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301 AB 2191 Page 7