BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2191


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2191 (Salas)


          As Amended  August 16, 2016


          Majority vote


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          Original Committee Reference:  B. & P.


          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.


          The Senate amendments specify that the BBS fund must be  
          expended, upon appropriation of the Legislature; make a  
          technical change; and, add a co-author. 


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, this bill will result in ongoing costs of $11 million  
          per year for the continued operation of the Board of Behavioral  
          Sciences (Behavioral Science Examiners Fund).  All costs to  
          operate the Board are paid for with license fees.


          COMMENTS:  








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          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          sunset date for the BBS, it will be repealed on January 1, 2017.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  
          Licensed Clinical Social Workers (LCSWs), Licensed Marriage and  
          Family Therapists (LMFTs), Licensed Educational Psychologists  
          (LEPs), and Licensed Professional Clinical Counselors (LPCCs).   
          Additionally, the BBS registers Academy of Certified Social  
          Workers (ACSWs), Marriage and Family Therapist (MFT) Interns,  
          Professional Clinical Counselor (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.  


          1)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.
          2)LCSWs are employed in health facilities, private practice, and  
            state and county mental health couples, families, and groups. 


          3)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.









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          4)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 Department of  
          Consumer Affairs (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,  
          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 Assembly Committee on Business and Profession's  








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          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 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.  


          Analysis Prepared by:                                             
                          Elissa Silva / B. & P. / (916) 319-3301  FN:   
          0004747