BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 704|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 704
Author: Negrete McLeod (D)
Amended: 6/6/11
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 8-0, 4/4/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Vargas,
Walters, Wyland
NO VOTE RECORDED: Negrete McLeod
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/16/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Vargas, Wolk, Wright, Yee
NO VOTE RECORDED: Strickland, Walters, Wyland
ASSEMBLY FLOOR : 66-10, 7/14/11 - See last page for vote
SUBJECT : Healing arts: licensees: Board of Behavioral
Sciences
SOURCE : Board of Behavioral Sciences
DIGEST : This bill revises and recasts examination
requirements for marriage and family therapists, licensed
CONTINUED
SB 704
Page
2
professional clinical counselor, licensed clinical social
workers and associate social workers, and makes technical
cleanup and conforming changes.
Assembly Amendments provisions to the bill pertaining to
licensed professional clinical counselors, and add
additional intent language.
ANALYSIS :
Existing law:
1. Licenses and regulates the practice of marriage and
family therapists (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
professional clinical counselors (LPCC).
2. Provides that in order to qualify for an MFT license,
an applicant must meet specified education, age, and
experience qualifications, and pass a
board-administered standard written examination or an
oral examination. After passing the standard written
examination, the applicant must additionally pass a
clinical vignette written examination.
3. Provides that in order to qualify for an LCSW license
an applicant must meet specified education, age, and
experience qualifications, and pass a
board-administered standard written examination. After
passing the standard written examination, the applicant
must additionally pass a clinical vignette written
examination.
4. Additionally provides for the registration and
regulation of MFT interns, and associate clinical
social workers (ASWs) by the BBS; and provides that a
registration expires each year and may be renewed a
maximum of five times.
5. Further provides for each applicant for an LCSW
CONTINUED
SB 704
Page
3
license, after
January 1, 2014, to successfully pass the Association of
Social Work Boards Clinical Level Examination
administered by the Association of Social Work Boards,
only if the Board determines that the examination meets
the prevailing examination standards in California.
The applicant must also complete a separate California
jurisprudence and ethics examination incorporated or
developed and administered by the BBS.
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 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.
CONTINUED
SB 704
Page
4
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.
CONTINUED
SB 704
Page
5
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;
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.
CONTINUED
SB 704
Page
6
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.
Background
Beginning in February 2008, the BBS established an
Examination Program Review Committee (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 Committee further recommended requiring
MFT interns and ASWs 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/9/11)
Board of Behavioral Sciences (source)
ARGUMENTS IN SUPPORT : In sponsoring this bill, the BBS
states that this bill requires applicants for MFT and LCSW
licenses to pass two new examinations: a California law
and ethics examination and a clinical examination. These
new examinations would replace the standard written and the
CONTINUED
SB 704
Page
7
clinical vignette examinations currently in place. BBS
argues that the proposed examination restructure would
enhance consumer protection by requiring an applicant,
while practicing as an unlicensed registrant (MFT intern or
ASW) to pass an examination on the legal and ethical
practice of their profession.
Additionally, BBS states, restructuring the examinations
establishes a framework for the Board to transition to a
national testing system. Ultimately, accepting the
national examinations would benefit applicants by allowing
greater reciprocity and portability of licenses across
states.
ASSEMBLY FLOOR : 66-10, 7/14/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Garrick, Gatto, Gordon, Hagman, Hall, Harkey, Hayashi,
Roger Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries,
Lara, Bonnie Lowenthal, Ma, Mendoza, Monning, Nestande,
Nielsen, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Donnelly, Grove, Halderman, Jones, Knight, Logue,
Mansoor, Miller, Morrell, Norby
NO VOTE RECORDED: Beth Gaines, Gorell, Mitchell, Wagner
JJA:kc 8/9/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED