BILL ANALYSIS �
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|Hearing Date:January 9, 2012 |Bill No:SB |
| |632 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 632Author:Emmerson
As Amended:January 4, 2012 Fiscal: No
SUBJECT: Marriage and family therapists.
SUMMARY: Clarifies that trainees who begin graduate study on or after
August 1, 2012, may counsel clients while not enrolled in a practicum
course if the period of lapsed enrollment is less than 90 calendar
days, and if that period is immediately preceded and immediately
followed by enrollment in a practicum course.
Existing law:
1) Licenses and regulates the practice of marriage and family
therapists (MFTs), licensed educational psychologists (LEPs),
licensed professional clinical counselors (LPCCs) and licensed
clinical social workers (LCSWs) by the Board of Behavioral Sciences
(BBS) within the Department of Consumer Affairs.
2) Establishes education requirements for MFT licensure, including a
requirement for a practicum completed by an MFT intern and trainee
that involves certain types and hours of experience, as specified
(BPC � 4980.43)
3) Defines certain terms for purposes of the licensing law, including:
a) "Intern" to mean an unlicensed person registered with BBS
who has earned a masters or doctors degree qualifying for
licensure.
b) "Trainee" to mean an unlicensed person currently enrolled
in a masters or doctors degree program, as specified, that is
designed to qualify him or her for licensure as an MFT. (BPC �
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4980.03)
1) Authorizes MFT interns and trainees to perform counseling
activities and services in certain work settings, provided that the
activities and services are part of the trainee's supervised course
of study. (BPC �� 4980.42 (a), 4980.43)
2) Authorizes an MFT trainee who begins graduate study on or after
August 1, 2012 to gain hours of experience outside the required
practicum, but specifies that a trainee must be enrolled in a
practicum course to counsel clients. (BPC � 4980.42 (b))
3) Further provides that trainees may counsel clients while not
enrolled in a practicum course if the period of lapsed enrollment
is less than 90 days and if that period is immediately preceded and
immediately followed by enrollment in a practicum course.
(BPC � 4980.42 (c))
This bill:
1) Provides that trainees who begin graduate study on or after August
1, 2012, may counsel clients while not enrolled in a practicum
course if the period of lapsed enrollment is less than 90 calendar
days, and if that period is immediately preceded and immediately
followed by enrollment in a practicum course.
2) Makes an updating change by deleting an irrelevant implementation
date.
FISCAL EFFECT: This bill has been keyed "nonfiscal" by Legislative
Counsel.
COMMENTS:
1. Purpose. This bill is sponsored by the BBS as a clean-up measure
to SB 363 (Emmerson, Chapter 384, Statutes of 2011). Currently,
under Section 4980.42 (c), beginning in January 1, 2012, all
marriage and family therapist trainees must be enrolled in a
practicum course to counsel clients if the period of lapse
enrollment is less than 90 days. However, according to the Author,
the intent of SB 363 was to apply this 90 day exemption period to
the practicum requirement only to those trainees subject to Section
4980.36, which specifically refers to trainees who begin graduate
study on or after August 1, 2012. Therefore, SB 363 will correct
this oversight and only apply this practicum requirement to
trainees who begin graduate study on or after August 1, 2012.
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2. Background. Over the last several years, the BBS had sponsored
several bills to revise and update its licensing laws. 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. In response to the number of schools who
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, the BBS Sponsored SB 363
last year to allow a trainee to continue counseling clients while
not enrolled in a practicum if that lapse in enrollment is less
than 90 days and immediately preceded and followed by enrollment in
a practicum course.
According to the Board, SB 632 is necessary to correct an oversight
in SB 363 and apply the 90-day exemption period to the practicum
requirement to those marriage and family therapist trainees who
begin graduate study on or after August 1, 2012 in keeping with the
original intent of the bill.
3. Possible Urgency Clause. According to the Author's staff, the
Author intends to amend this bill at a later date to add an urgency
clause. An urgency clause is necessary because the
SB 363 amendments, which became effective on January 1, 2012, would
apply the provisions authorizing trainees to counsel clients during
a lapse in enrollment of up to 90 days in a practicum course to all
trainees. However, the original intent of SB 363 was to apply
those provisions to those trainees who begin graduate study after
August 1, of this year. The urgency clause will enable the bill to
become effective immediately, rather than becoming effective on
January 1, 2013.
4. Related Legislation. SB 363 (Emmerson, Chapter 384, Statutes of
2011) authorized 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, and authorized licensed professional
clinical counselors (LPCC) to supervise marriage and family
therapist (MFT) interns, provided certain additional training and
education requirements are met.
SB 33 (Correa, Chapter 26, Statutes of 2009) updated and recast the
educational curriculum requirements for MFTs to require persons who
begin graduate study after August 1, 2012, to meet increased total
unit requirements, increased practicum hours for face-to-face
counseling, integrates specified elements, including public mental
health practices, throughout the curriculum, revised MFT
educational requirements and revised requirements for applicants
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licensed or educated outside of California.
SB 704 (Negrete McLeod, Chapter 387, Statutes of 2011) revised and
recast examination requirements for marriage and family therapists
and interns and for licensed clinical social workers and associate
social workers; made technical cleanup and conforming changes.
5. Arguments in Support. In sponsoring the bill, the BBS writes that
many current MFT graduate school programs may not be able to
provide the practicum courses for individuals before August 1,
2012, and, therefore, may not be able to implement the provisions
of SB 33 allowing students to continue counseling clients and
providing services to students enrolled before August 2012. The
BBS, therefore, believes that the clarifications made by SB 632 are
vital for MFT trainees.
SUPPORT AND OPPOSITION:
Support:
Board of Behavioral Sciences (Sponsor)
American Association for Marriage and Family Therapy (California
Division)
Opposition:
None received as of January 4, 2012
Consultant:G. V. Ayers