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
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|Author: |Salas |
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|Version: |April 6, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Mason |
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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.
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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
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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:
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Support:
Board of Behavioral Sciences
Opposition:
None on file as of June 21, 2016.
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