BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 632|
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THIRD READING
Bill No: SB 632
Author: Emmerson (R)
Amended: 1/23/12
Vote: 27 - Urgency
SENATE BUS., PROF. & ECON. DEVELOP. COMMITTEE : 8-0, 1/9/12
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Walters
NO VOTE RECORDED: Wyland
SUBJECT : Marriage and family therapists
SOURCE : Board of Behavioral Science
DIGEST : This bill clarifies that marriage and family
therapist 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. Allows trainees who have begun graduate
studies before August 1, 2012, to gain hours of experience
and counsel clients outside of the required practicum.
Senate Floor Amendments 1/23/12 clarify that trainees who
have begun graduate study before August 1, 2102 may gain
hours of experience and counsel clients outside of the
required practicum, make clarifying and conforming changes,
and add an urgency clause to the bill.
CONTINUED
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ANALYSIS :
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.
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.
4. 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.
5. 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.
6. 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.
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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. Provides trainees who have begun graduate study before
August 1, 2012, may gain hours of experience and counsel
clients outside of the required practicum.
3. Makes an updating change by deleting an irrelevant
implementation date.
Comments
This bill is sponsored by the BBS as a clean-up bill 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.
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
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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 BBS, this bill 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 1/23/12)
Board of Behavioral Sciences (source)
American Association for Marriage and Family Therapy
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 this
bill are vital for MFT trainees.
JJA:do 1/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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