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 --