BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 620          Hearing Date:    April 13,  
          2015
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          |Author:   |Block                                                 |
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          |Version:  |April 6, 2015                                         |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Huchel                                          |
          |:         |                                                      |
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           Subject:  Board of Behavioral Sciences: licensure requirements.


          SUMMARY:  Streamlines the supervised experience hour requirements for  
          licensed marriage and family therapists and licensed  
          professional clinical counselors, and revises certain experience  
          hour requirements for licensed clinical social workers for  
          consistency.    

          Existing law:
          
          1)Establishes the Board of Behavioral Sciences (Board) to employ  
            its resources for each and all of the following functions:

             a)   The licensure of marriage and family therapists,  
               clinical social workers, professional clinical counselors,  
               and educational psychologists.

             b)   The development and administration of licensure  
               examinations and examination procedures consistent with  
               prevailing standards for the validation and use of  
               licensing and certification tests. 

             c)   Enforcement of laws designed to protect the public from  
               incompetent, unethical, or unprofessional practitioners.

             d)   Consumer education. (Business and Professions Code (BPC)  
               §§ 4990 and 4990.18)








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          2)Establishes requirements for the licensure of marriage and  
            family therapists, clinical social workers, and professional  
            clinical counselors.  (BPC §§ 4980 - 4989, 4990.10 - 4998.7,  
            4999.10 - 4999.129)

          This bill:

           Licensed Marriage and Family Therapist (LMFT)
           
          1)Expands the definition of "experience" by replacing  
            "professional enrichment activities" with "direct counseling  
            and nonclinical practice." 

          2)Prohibits a student from gaining experience hours through  
            personal psychotherapy prior to completing either 12 semester  
            units or 18 quarter units of graduate instruction.

          3)Eliminates the ability for one hour of personal psychotherapy  
            to qualify for three experience hours.

          4)Eliminates the ability for one hour of treating couples and  
            families in conjoint therapy to qualify for two experience  
            hours.  

          5)Replaces specified hour restrictions with the requirement of a  
            minimum of 1,750 experience hours of direct counseling with  
            individuals, groups, couples, or families. 

          6)Replaces specified hour restrictions with the requirement of a  
            maximum of 1,250 experience hours be in nonclinical practice,  
            which may include direct supervisor contact, administering and  
            evaluating psychological tests, writing clinical reports,  
            writing progress or process notes, client-centered advocacy,  
            and workshops, seminars, training sessions, or conferences  
            directly related to marriage and family therapy that have been  
            approved by the applicant's supervisor. 

          7)Permits an individual who submits an application for  
            examination eligibility between January 1, 2016, and December  
            31, 2020, to alternately qualify under the LMFT experience  
            requirements that were in place on January 1, 2015.


           Licensed Clinical Social Workers (LCSW)  








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          8)Permits a clinical social worker student to count direct  
            supervisor contact, workshops, seminars, training sessions,  
            and conferences directly related to clinical social work  
            towards the 1,200 experience hours requirement.  

          9)Permits an individual who submits an application for  
            examination eligibility between January 1, 2016, and December  
            31, 2020, to alternately qualify under the LCSW experience  
            requirements that were in place on January 1, 2015.


          10)Increases from five to six the number of supervision hours,  
            whether individual or group, that may be credited to an  
            associate during any single week.  This applies only to  
            supervision hours gained on or after January 1, 2010.

          11)Requires supervision to include at least one hour of direct  
            supervisor contact during each week for which experience is  
            gained in each work setting.  Supervision is not required for  
            experience gained attending workshops, seminars, training  
            sessions, or conferences.

           Licensed Professional Clinical Counselors (LPCC)
           
          12)Replaces "clinical mental health experience related to the  
            practice of professional clinical counseling" with  
            "experience," relative to the type of training necessary to  
            achieve the minimum 3,000 post-degree supervised experience  
            hours. 

          13)Deletes specified hour restrictions and requires instead a  
            maximum of 1,250 hours of nonclinical practice, which may  
            include direct supervisor contact, administering and  
            evaluating psychological tests, writing clinical reports,  
            writing progress or process notes, client-centered advocacy,  
            and  workshops, seminars, training sessions, or conferences  
            directly related to professional clinical counseling that have  
            been approved by the applicant's supervisor.

          14)Permits an individual who submits an application for  
            examination eligibility between January 1, 2016, and December  
            31, 2020, to alternately qualify under the experience  








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            requirements that were in place on January 1, 2015.

          
          FISCAL  
          EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
          Legislative Counsel.

          
          COMMENTS:
          
          1.Purpose.  This bill is sponsored by the  Board of Behavioral  
            Sciences  .  According to the Author, SB 620 streamlines the  
            supervised experience hour requirements for LMFT and LPCC  
            applicants by requiring 3,000 total experience hours, 1,750 of  
            which must consist of direct counseling with individuals,  
            groups, couples, or families, and the remaining 1,250 hours  
            may be non-clinical experience including direct supervisor  
            contact, writing clinical reports, or attending workshops or  
            conferences.  For consistency, SB 620 also allows LCSW  
            applicants to apply direct supervisor contact, workshops,  
            seminars, training, and conferences toward their experience  
            hours.  SB 620 will also provide a five year transition period  
            during which applicants can choose to apply under this  
            simplified process or current requirements.

          2.Background.  The Board regulates the practice of LMFTs, LCSWs,  
            and LPCCs.  These individuals have different training that  
            focuses on particular aspects of human interaction.  

                 LMFT.  The practice of marriage and family therapy means  
               a service performed with individuals, couples, or groups  
               wherein interpersonal relationships are examined for the  
               purpose of achieving more adequate, satisfying, and  
               productive marriage and family adjustments. This practice  
               includes relationship and pre-marriage counseling.  

                 LCSW.  The practice of clinical social work is defined  
               as a service in which a special knowledge of social  
               resources, human capabilities, and unconscious motivations  
               is directed at helping people to achieve more adequate,  
               satisfying, and productive social adjustments.  The  
               application of social work principles and methods includes,  
               but is not restricted to, counseling and using applied  
               psychotherapy of a nonmedical nature with individuals,  








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               families, or groups; providing information and referral  
               services; providing or arranging for the provision of  
               social services; explaining or interpreting the  
               psychosocial aspects in the situations of individuals,  
               families, or groups; helping communities to organize, to  
               provide, or to improve social or health services; or doing  
               research related to social work.

                 LPCC.  Professional clinical counseling is the  
               application of 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, and the use,  
               application, and integration of the required coursework and  
               training.  It also includes conducting assessments for the  
               purpose of establishing counseling goals and objectives to  
               empower individuals to deal adequately with life  
               situations, reduce stress, experience growth, change  
               behavior, and make well-informed and rational decisions.
          
          1.Arguments in Support.  The  American Association for Marriage  
            and Family Therapy, California Division  writes, "The current  
            required hours for becoming licensed as an MFT are broken into  
            no less than nine different categories with confusing and  
            arbitrary minimums and maximums, in stark contrast to similar  
            graduate level licenses issued by the [Board]?.
            
            "The current structure has created unnecessary obstacles in  
            the path to licensure for hundreds of potential MFTs.  The  
            [Board] reports that applications for exam eligibility are  
            significantly more difficult to evaluate than those for LCSW  
            exam eligibility due to the complexity created by so many  
            different categories with equally abstruse minimums, maximums,  
            incentives, and combinations.  Even tracking these hours is so  
            complex that it has given rise to a successful for-profit  
            business, whose process is essentially a complicated  
            spreadsheet that keeps track of all the different requirements  
            in all the different categories.

            "[SB 620] is a necessary and welcome simplification of  
            existing law."

          2.Recommended Author's Amendments.  








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             a)   The terms "supervisor" and "approved supervisor" are  
               defined in code, but "qualified supervisor" is not.   
               Committee staff suggests the following technical amendments  
               to provide code consistency and clarity:

                     Page 4, line 17, delete "qualified" and in line 18  
                 after "supervisor," insert "that meets the qualifications  
                 as defined in Section 4980.03" 

                     Page 9, line 29, insert "supervised" before  
                 "experience," and in line 30, delete "qualified."

                     Page 12, line 36, replace "a qualified" with "an  
                 approved." 

             a)   The Author's office has agreed to clarify the parameters  
               of the term "nonclinical practice" to ensure certainty.   
               While the bill states that "nonclinical practice  includes   
               direct supervisor contact, administering and evaluating  
               psychological tests, writing clinical reports, writing  
               progress or process notes, client-centered advocacy, and  
               workshops, seminars, training sessions, or conferences  
               directly related to marriage and family therapy that have  
               been approved by the applicant's supervisor," it is not  
               exhaustive.  The Board has expressed a willingness to  
               ensure license portability in another context, and defining  
               this term could exclude any practices that may not be  
               considered qualifying experience elsewhere.  

                     Page 5, line 1, delete "including" and insert  
                 "consisting of"

                     Page 13, line 10, delete "including" and insert  
                 "consisting of"

          
          SUPPORT AND OPPOSITION:
          
           Support:  

          Board of Behavioral Sciences (Sponsor)
          California Association for Licensed Professional Clinical  
          Counselors








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          American Association for Marriage and Family Therapy, California  
          Division

           Opposition:  

          None received as of April 7, 2015.


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