BILL ANALYSIS �
SB 704
Page 1
Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 704 (Negrete McLeod) - As Amended: June 6, 2011
SENATE VOTE : 37-0
SUBJECT : Healing arts: licensees: Board of Behavioral
Sciences.
SUMMARY : Revises and recasts examination requirements for
persons seeking licensure as a marriage and family therapist
(MFT), clinical social worker (LCSW), or professional clinical
counselor (LPCC), effective January 1, 2013. Specifically, this
bill :
1)Requires an applicant for licensure as an MFT or LCSW to pass
a California law and ethics examination and a clinical
examination, as prescribed by the Board of Behavioral Sciences
(BBS), effective January 1, 2013.
2)Requires MFT interns and associate LCSW registrants, upon
registration with BBS, to take an examination on California
law and ethics within the first year of registration.
3)Allows an MFT and LCSW registrants to take the clinical
examination upon meeting the following requirements:
a) Completion of all required supervised work experience;
b) Completion of all education requirements; and,
c) Passage of the California law and ethics examination.
4)Requires MFT and LCSW applicants who have previously taken and
passed the standard written examination to also obtain a
passing score on the clinical examination in order to be
eligible for licensure.
5)Requires MFT and LCSW applicants who have previously failed to
obtain a passing score on the standard written examination to
obtain a passing score on the California law and ethics
examination and the clinical examination.
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6)Requires MFT and LCSW applicants who have previously failed to
obtain a passing score on the clinical vignette examination to
obtain a passing score on the clinical examination.
7)Requires MFT and LCSW applicants who have obtained eligibility
for the standard written examination to take the California
law and ethics examination and the clinical examination.
8)Requires MFT and LCSW applicants and registrants to obtain a
passing score on a BBS-administered California law and ethics
examination in order to qualify for licensure.
9)Requires MFT and LCSW registrants to participate in a
BBS-administered California law and ethics examination prior
to his or her registration renewal.
10)Provides that if an MFT or LCSW applicant fails the
California law and ethics examination, he or she may retake
the examination, as specified.
11)Prohibits BBS from issuing a subsequent registration number
unless the MFT or LCSW registrant has passed the California
law and ethics examination.
12)Requires a clinical counselor intern applying for licensure
as a LPCC to pass the following examinations as prescribed by
BBS, effective January 1, 2013:
a) A California law and ethics examination, within seven
years of his or her initial attempt, as specified; and,
b) A clinical examination administered by BBS, or the
National Clinical Mental Health Counselor Examination
(NCMHCE), as specified.
13)Requires a clinical counselor intern, upon registration with
BBS, to take an examination on California law and ethics
within the first year of registration.
14)Authorizes a LPCC registrant to take the clinical examination
or the NCMHCE, as established by BBS through regulation, only
upon meeting all of the following requirements:
a) Completion of all required supervised work experience;
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b) Completion of all education requirements; and,
c) Passage of the California law and ethics examination.
15)Requires each LPCC applicant and registrant to obtain a
passing score on a BBS-administered California law and ethics
examination in order to qualify for licensure, and prior to
his or her registration renewal, as specified.
16)Provides that if an LPCC applicant fails the California law
and ethics exam, he or she may retake the examination, as
specified.
17)Prohibits BBS from issuing a subsequent registration number
unless the LPCC registrant has passed the California law and
ethics examination.
18)Provides that for LPCC applicants who submit an application
for a license on or before January 1, 2013, a valid passing
score on the required examinations, as specified shall have
been obtained less than seven years prior to the application
date.
19)Provides that effective January 1, 2013, an LPCC applicant
who fails the clinical examination or NCMHCE may, within one
year from the notification date of that failure, retake the
examination as regularly scheduled without further application
upon payment of the fee for the examination, as specified.
20)Requires LPCC interns to participate in the California law
and ethics examination each year until successful completion
of the examination to renew his or her registration, as
specified.
21)Provides that LPCC intern registration can only be renewed a
maximum of five times, as specified.
22)Makes technical and conforming changes.
23)States legislative intent.
EXISTING LAW :
1)Provides for the licensure and regulation of MFTs and MFT
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interns and trainees by BBS.
2)Requires the issuance of a license to practice marriage and
family therapy to qualified applicants, as defined, who pass a
BBS-administered written or oral examination or, under
specified circumstances, a clinical vignette written
examination.
3)Provides for the licensure and regulation of LCSWs by BBS.
4)Requires each LCSW applicant to be examined by BBS and, on and
after January 1, 2014, upon a specified determination by BBS,
requires the issuance of a license to each applicant or
registrant meeting specified requirements who successfully
passes the Association of Social Work Boards (ASWB) Clinical
Level Examination administered by ASWB and a separate
California jurisprudence and ethics examination incorporated
or developed and administered by BBS.
5)Provides for the licensure and regulation of LPCCs and LPCC
interns by BBS.
6)Authorizes BBS to issue a LPCC license to any person meeting
specified educational requirements, satisfying the supervised
experience requirement, and providing evidence of a passing
score on a national licensing examination, as determined by
BBS.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "This
bill is being introduced by BBS as a result of extensive
analysis of the BBS's examination process.
"BBS's Examination Program Review Committee (EPRC) was appointed
in February 2008. The purpose of the EPRC was to conduct a
review of the BBS's LCSW, Licensed Educational Psychologist
(LEP), and MFT examination programs and to evaluate associated
issues.
"The EPRC conducted an open-ended inquiry to gather information.
Stakeholders and interested parties were given opportunities to
provide input, feedback, and express their concerns regarding
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the examination programs.
"On December 7, 2009, the EPRC made several recommendations
relating to modifications of the current licensure exam process
for MFTs and LCSWs. The language in SB 704 was written based on
the recommendations of the EPRC.
"Given that the EPRC reviewed the examination requirements for
MFTs and LCSWs prior to the establishment of licensure for
LPCCs, this bill was recently amended to restructure the
examination process for applicants seeking a LPCC license."
Background . Beginning in February 2008, the BBS established the
EPRC to review the BBS's LCSW, LEP, and MFT examination programs
and evaluate associated issues. The EPRC conducted an
open-ended inquiry to gather information, allowing stakeholders
and interested parties opportunities to provide input, feedback,
and express any concerns regarding the examination programs.
In December 2009, the EPRC made several recommendations relating
to modification of the current license examination process for
MFTs and LCSWs. The first recommendation is to revise the
current process for applicants, which includes the standard
examination after meeting the examination eligibility
requirements. After passing the standard examination, the
applicant must pass the clinical vignette examination. The EPRC
further recommended requiring MFT interns and LCSWs to complete
and pass a California law and ethics examination. The framework
of this examination would consist of law and ethics questions
that a recent program graduate would be reasonably expected to
know.
Support . The National Association of Social Workers, California
Chapter writes in support, "This bill will allow BBS to
restructure the examination process for applicants seeking LCSW,
MFT and LPCC licenses. This will create conformity with the
national testing requirements for licensure. Under this bill,
effective January 1, 2013, applicants for LCSW, MFT and LPCC
licensure would be required to pass two examinations. This
would be comprised of a California law and ethics exam as well
as clinical examination. The national examinations would
benefit applicants by allowing greater reciprocity and
portability of licenses across states and this measure is fully
compatible with our sponsored bill, AB 2167 (Nava), which became
law last year."
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Previous legislation . AB 2167 (Nava), Chapter 546, Statutes of
2009, establishes new examination requirements for applicants
seeking licensure as LCSWs.
SB 33 (Correa), Chapter 26, Statutes of 2009, updates and
recasts the educational curriculum requirements for marriage and
family therapists 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, repeals current marriage
and family therapist educational requirements on January 1,
2019, revises requirements for applicants licensed or educated
outside of California, and makes technical and conforming
changes.
SB 788 (Wyland), Chapter 619, Statutes of 2009, establishes the
LPCC Act which provides for the licensing and regulation of
LPCCs by BBS.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Behavioral Sciences (sponsor)
American Association for Marriage and Family Therapy, California
Division
National Association of Social Workers - California Chapter
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301