BILL ANALYSIS Ó SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Jerry Hill, Chair 2015 - 2016 Regular Bill No: AB 2191 Hearing Date: June 27, 2016 ----------------------------------------------------------------- |Author: |Salas | |----------+------------------------------------------------------| |Version: |April 6, 2016 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Mason | |: | | ----------------------------------------------------------------- Subject: Board of Behavioral Sciences SUMMARY: Extends the operation of the Board of Behavioral Sciences (BBS) and the BBS' authority to appoint an executive officer (EO) from January 1, 2017 to January 1, 2021. Existing law provides for the licensure and regulation of educational psychologists (LEPs), clinical social workers (LCSWs), marriage and family therapists (MFTs) and professional clinical counselors (LPCCs) by BBS within the Department of Consumer Affairs (DCA) until January 1, 2017 and authorizes BBS to appoint an EO until January 1, 2017. This bill extends the operation of BBS and the BBS' authority to appoint an EO until January 1, 2021. FISCAL EFFECT: This bill is keyed "fiscal" by Legislative Counsel. According to the Assembly Committee on Appropriations analysis dated April 20, 2016, this bill will result in costs of approximately $10 million per year for four additional calendar years to continue the operation of the BBS. COMMENTS: 1. Purpose. This bill is sponsored by the Author , and is one of five "sunset bills" the Author is sponsoring this Session. AB 2191 (Salas) Page 2 of ? According to the Author, "the legislative changes reflected in this bill are solutions to issues raised about BBS in the Assembly Committee on Business and Professions' staff Background Paper and during its sunset review hearing on March 14, 2016." 2. Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2015, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities: DCA, Acupuncture Board, BBS, California Massage Therapy Association, Court Reporters Board, Board of Pharmacy, Physician Assistant Board, Board of Podiatric Medicine, Bureau for Private Postsecondary Education, Board of Psychology, Bureau of Real Estate, Bureau of Real Estate Appraisers and Veterinary Medical Board The Committees conducted two hearings in March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year. 3. Background on BBS. BBS licenses and regulates LCSWs, MFTs, LEPs, and LPCCs. Additionally, BBS registers Associate Clinical Social Workers (ACSWs), Marriage and Family Therapist Interns (MFT Interns), Professional Clinical Counselor Interns (PCC Interns), and until June 30, 2015, registered continuing education (CE) providers. BBS licenses and regulates more than 100,000 licensees. In addition, BBS regulates approximately 16,262 MFT Interns and 12,215 ACSWs. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in certain areas. The EO is appointed by the BBS. As a Special Fund agency, BBS receives no General Fund support and relies solely on fees set by statute for licensing and renewals. The BBS Licensing Program provides public protection by ensuring licenses or registrations are issued only to those applicants who meet the minimum requirements of current statutes and regulations and who have not committed acts that would be AB 2191 (Salas) Page 3 of ? grounds for denial. All BBS-regulated licensees are required to obtain 36 hours of CE as a condition of biennial licensure renewal. 4. Review of the BBS - Issues Identified and Recommended Changes. Committee staff identified 12 issues pertaining to BBS and provided background information concerning each issue. Recommendations were made by Committee staff regarding the particular issue areas which needed to be addressed. Only one of the identified issues for BBS required a statutory change. a) Issue : Continued Regulation by the Current BBS. Background : The health and safety of consumers is protected by well-regulated professions. BBS is charged with protecting the consumer from unprofessional and unsafe licensees. It appears as if BBS has been an effective, and for the most part efficient, regulatory body for the professions that fall under its purview. However, BBS needs to continue to work on improving its enforcement program, managing a more effective CE program, maintain high standards for the professions by ensuring active supervisors are not misrepresenting supervised employees and focus on reducing any application backlogs which may result from the fully implemented examination restructure. Given that BBS has been working to increase staff to help improve efficiency, BBS should be able to continue to fulfill its mandate, meet performance targets, and continue to protect consumers, BS should be granted a four-year extension of its sunset date. Recommendation and Proposed Statutory Change : The committee recommends that the LCSW, LMFT, LEP and LPCC professions, and registration of ASW Interns, MFT Interns, and PCC Interns continue to be regulated by the BBS in order to protect the interests of consumers and be reviewed once again in four years. This bill extends the operation of BBS for four years. SUPPORT AND OPPOSITION: AB 2191 (Salas) Page 4 of ? Support: Board of Behavioral Sciences Opposition: None on file as of June 21, 2016. -- END --