BILL ANALYSIS Ó AB 2191 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2191 (Salas) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |79-1 |(May 31, 2016) |SENATE: |36-0 |(August 19, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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: AB 2191 Page 2 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 Unless legislation is carried this year to extend the sunset date for the BBS, it will be repealed on January 1, 2017.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. AB 2191 Page 3 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 AB 2191 Page 4 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