BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 274|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: SB 274
Author: Wyland (R)
Amended: 4/11/11
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 9-0, 4/25/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Walters, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Healing arts
SOURCE : Board of Behavioral Sciences
DIGEST : This bill specifies that a person engages in the
practice of educational psychology, clinical social work or
professional clinical counseling when he or she performs or
offers to perform, or holds himself/herself out as able to
perform those services for remuneration in any form,
including donations, and revises and recasts provisions
allowing professional clinical counselor trainees, interns
and applicants to perform services as an employee or as a
volunteer, as specified.
ANALYSIS :
Existing law :
1. Licenses and regulates the practice of marriage and
CONTINUED
SB 274
Page
2
family therapy (MFTs), licensed educational psychology
(LEPs), and licensed clinical social work (LCSWs) by the
Board of Behavioral Sciences (BBS) within the Department
of Consumer Affairs. Beginning January 1, 2012, the BBS
will additionally license professional clinical
counselors (LPCCs).
2. Specifies that a person engages in the practice of
marriage and family therapy that performs or offers to
perform or holds himself/herself out as able to perform
MFT services for remuneration in any form, including
donations.
3. Provides for the registration and regulation of LPCC
trainees and interns, and allows trainees, interns and
applicants to perform services as an employee or as a
volunteer, but not as an independent contractor.
This bill:
1. Mirrors the provision applying to the practice of
marriage and family therapy, to additionally specify
that a person engages in the practice of educational
psychology, clinical social work or professional
clinical counseling when he or she performs or offers to
perform or holds himself/herself out as able to perform
those services for remuneration in any form, including
donations.
2. Revises and recasts the provision allowing LPCC
trainees, interns and applicants to perform services as
an employee or as a volunteer to provide:
A. Experience shall not be gained by an intern or
trainee as an independent contractor.
B. If employed, an intern shall furnish copies of
W-2 tax forms for each year of experience claimed
when applying to the Board for an LPCC license.
C. If volunteering, an intern shall furnish a
letter from his/her employer verifying the
employment as a volunteer when applying to the
Board for an LPCC license.
CONTINUED
SB 274
Page
3
3. Makes technical, correcting and conforming changes.
Background
Current law defines the act of "engaging in the practice"
of marriage and family therapy. However, it does not in a
similar fashion define the act of engaging in practice of
an LEP, LCSW, or LPCC, even though the term is used in the
law without being defined.
The law further outlines the conditions under which a
clinical counselor trainee or intern may gain experience,
either as an employee or volunteer, but not as an
independent contractor.
The law for both MFTs and LCSWs states that a MFT intern or
associate social worker (ASW) must, when applying for a
license, provide the Board with copies of W-2 tax forms for
each year of experience claimed if they were employed. If
they were a volunteer, then when applying for a license,
they must provide the Board with a letter from the employer
verifying the intern or associate's employment as a
volunteer. The requirement to submit a W-2 or a letter
indicating a volunteer status is not currently required by
law for a professional clinical counselor intern.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/11/11)
Board of Behavioral Sciences (source)
ARGUMENTS IN SUPPORT : This bill is sponsored by the BBS
to define the act of "engaging in the practice" for LEP,
LCSW, and LPCC licensees. In addition, this bill requires
that a professional clinical counselor intern must, upon
application for licensure, provide the board with copies of
W-2 tax forms for each year of experience claimed if they
were employed. If they were a volunteer, then upon
application for licensure they must provide the board with
a letter from his or her employer verifying the intern's
employment as a volunteer.
CONTINUED
SB 274
Page
4
According to the BBS, this bill is needed in order to
clarify existing law regarding the definition of engaging
in practice. It is also needed so that clinical counselor
interns are required to provide the same level of
documentation of their experience as applicants for other
licenses issued by the Board.
JJA:do 5/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED