BILL ANALYSIS �
SB 363
Page 1
SENATE THIRD READING
SB 363 (Emmerson)
As Amended April 25, 2011
Majority vote
SENATE VOTE :38-0
BUSINESS & PROFESSIONS 9-0
APPROPRIATIONS 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, |
| | | |Davis, Donnelly, |
| | | |Dickinson, Hall, Hill, |
| | | |Lara, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes licensed professional clinical counselors
(LPCC) to supervise marriage and family therapist (MFT) interns,
provided certain additional training and education requirements
are met, and authorizes MFT trainees to counsel clients while
not enrolled in a practicum if the period of lapsed enrollment
is less than 90 calendar days, as specified. Specifically, this
bill :
1)Provides that this bill does not constrict, limit, or withdraw
the LPCC Act.
2)Authorizes LPCCs meeting additional training and education
requirements, as specified, to serve as a supervisor to MFT
interns.
3)Provides that MFT trainees may gain hours of experience
outside the required practice while enrolled in a practicum
course to counsel clients, as specified.
4)Authorizes MFT trainees to counsel clients while not enrolled
in a practicum course if the period of lapsed enrollment is
less than 90 calendar days, and if the period is immediately
preceded and immediately followed by enrollment in a practicum
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course.
5)Provides that the hours of experience gained referenced in 3)
and 4) above are subject to the requirements under current
law.
6)Recasts experience requirements for MFT licensure by requiring
no more than 1000 hours of experience in direct supervisor
contact and professional enrichment activities as specified,
and no more than 500 hours of experience administering and
evaluating psychological tests, writing clinical reports,
writing progress notes, or writing process notes; or, client
centered advocacy.
EXISTING LAW :
1)Licenses and regulates the practice of MFTs, licensed
educational psychologists (LEPs), and licensed clinical social
workers (LCSWs) by the Board of Behavioral Sciences (BBS)
within the Department of Consumer Affairs. Beginning January
1, 2012, the BBS will additionally license LPCCs.
2)Specifies the education required for MFT licensure, which
includes a requirement for a practicum that involves direct
client contact and hours of experience relating to client
centered advocacy, as defined.
3)Authorizes MFT trainees to perform activities and services in
certain work settings provided that these constitute part of
the trainee's supervised course of study and the person is
designated as a trainee.
4)Authorizes MFT trainees to gain hours of experience outside
the required practicum under certain conditions, but requires
trainees who gain experience outside the required practicum to
be enrolled in a practicum in order to counsel clients.
5)Requires an applicant for licensure as a MFT to complete a
specified number of hours of supervised experience by a person
who has been licensed for at least two years as a MFT, LCSW,
licensed psychologist, or licensed physician certified in
psychiatry.
6)Provides that professional clinical counseling does not
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include the assessment or treatment of couples or families
unless the LPCC has completed all of the following additional
training and education, beyond the minimum training and
education required for licensure:
a) One of the following:
i) Six semester units or nine quarter units
specifically focused on the theory and application of
marriage and family therapy; and,
ii) A named specialization or emphasis area on the
qualifying degree in marriage and family therapy; marital
and family therapy; marriage, family, and child
counseling; or couple and family therapy.
b) No less than 500 hours of documented supervised
experience working directly with couples, families, or
children; and,
c) A minimum of six hours of continuing education specific
to marriage and family therapy, completed in each license
renewal cycle.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state fiscal effect.
COMMENTS : According to the author, "SB 363 will clarify and
amend supervision and experience requirements in the Business
and Professions code for Californians seeking licensure as a
MFT."
Revisions made in the MFT law by SB 33 (Correa), Chapter 26,
Statutes of 2009, require MFT trainees to be enrolled in a
practicum course while counseling clients. According to BBS, a
number of schools have voiced concern on how the practicum
course requirement would operate during intersession and summer
break when students may not be able to enroll in a practicum
course. This could create continuity of care issues when the
trainee goes on summer break leaving the client with another
practitioner or without care. Additionally, there are barriers
to licensure if the trainee is not able to gain direct client
hours due to not being enrolled in practicum. Therefore,
allowing a trainee to continue counseling clients while not
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enrolled in a practicum if that lapse in enrollment is less than
90 days will help address these concerns, according to the BBS.
BBS further indicates that under current law, the number of
client-centered advocacy hours that a MFT intern can obtain is
only limited by the amount of direct supervisor contact hours
acquired by the intern. For example, if an intern received the
minimum number of direct supervisor contact hours for 104 weeks,
that individual could potentially receive credit for 1,146 hours
for client-centered advocacy. BBS believes that the majority of
the MFT intern's experience hours should be gained through a
variety of training activities other than client-centered
advocacy, therefore, the bill proposes to limit the client
centered advocacy allowed for an MFT intern to 500 hours.
Currently, BBS states, LPCCs are not allowed to supervise MFT
interns. However, the law authorizes all other licensees of the
BBS to supervise these interns. This bill authorizes LPCCs to
supervise MFT interns if they meet additional training and
education requirements to treat couples and families.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0001778