BILL ANALYSIS �
SB 274
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 274 (Wyland)
As Amended July 7, 2011
2/3 vote. Urgency
SENATE VOTE :37-0
BUSINESS & PROFESSIONS 9-0APPROPRIATIONS 16-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Donnelly, Gatto, Hall, |
| | | |Hill, Lara, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Provides that a person is engaged in the practice of
marriage and family therapy, educational psychology, clinical
social work, or professional clinical counseling when performing
these services for remuneration in any form, as specified.
Specifically, this bill :
1)Provides that a person is engaged in the practice of
educational psychology, clinical social work, or professional
clinical counseling when performing, offering to perform, or
holding himself or herself out as able to perform any of these
services for remuneration in any form, including donations.
2)Prohibits clinical counselor (LPCC) interns or trainees to
gain qualifying experience towards licensure as an independent
contractor.
3)Requires LPCC interns, if employed, to provide the Board of
Behavioral Sciences (BBS) with copies of the corresponding W-2
tax forms for each year of experience claimed upon application
for licensure as a LPCC.
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4)Requires LPCC interns, if volunteering, to provide BBS with a
letter from his or her employer verifying the intern's
employment as a volunteer upon application for licensure as
LPCC.
5)Authorizes the BBS to issue a LPCC license to persons
submitting an application between January 1, 2011, and
December 31, 2011, provided certain requirements are met, as
specified.
6)Deletes the requirement for 'grandparented' LPCCs to renew
their licenses annually and makes conforming changes.
7)Contains an urgency clause.
EXISTING LAW :
1)Provides for the licensure and regulation of marriage and
family therapists (MFT), educational psychologists (LEP),
clinical social workers (LCSW), and LPCCs by BBS.
2)Allows LPCC trainees, interns, and applicants to perform
services as an employee or as a volunteer, but not as an
independent contractor.
3)Authorizes BBS to issue a LPCC license to persons submitting
applications between January 1, 2011, and June 30, 2011, if
that applicant meets specified requirements.
4)Makes LPCC licenses valid for six years, specifies that such a
license expires one year from the date of issuance, and
prescribes a specified renewal procedure.
5)Provides that other professional clinical licenses expire no
more than 24 months after the date of issuance and may be
renewed within three years of expiration.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible direct state fiscal impact.
COMMENTS : According to the author, "This bill is needed in
order to clarify existing law regarding the definition of
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engaging in practice. It is also needed so that LPCC interns
are required to provide the same level of documentation of their
experience as applicants for other licenses issued by BBS."
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 for both MFTs and LCSWs states that a MFT intern or
associate LCSW must, when applying for a license, provide the
BBS with copies of W-2 tax forms for each year of experience
claimed if they were employed. If the applicant was a
volunteer, they must provide BBS 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 LPCC
intern. This bill requires LPCC interns to submit the same work
experience documentation as MFT interns or associate LCSWs.
Additionally, current law sets forth additional conditions for
LPCC licenses issued during the grandparenting period to persons
not already licensed by BBS, including a yearly renewal process.
This bill deletes those provisions.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0001592