BILL ANALYSIS Ó
AB 2191
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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
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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
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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,
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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,
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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;
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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
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