BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 704
                                                                  Page  1


          SENATE THIRD READING
          SB 704 (Negrete McLeod)
          As Amended  August 25, 2011
          Majority vote

           SENATE VOTE  :37-0  
           
           BUSINESS & PROFESSIONS       9-0APPROPRIATIONS      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, |
          |     |                          |     |Donnelly, Gatto, Hall,    |
          |     |                          |     |Hill, Lara, Mitchell,     |
          |     |                          |     |Nielsen, Norby, Solorio,  |
          |     |                          |     |Wagner                    |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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)Allows an MFT and LCSW registrants to take the clinical 
            examination upon meeting certain requirements.

          3)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.

          4)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.









                                                                  SB 704
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          5)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.

          6)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.

          7)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.

          8)Requires MFT and LCSW registrants to participate in a 
            BBS-administered California law and ethics examination prior 
            to his or her registration renewal.

          9)Requires a clinical counselor intern applying for licensure as 
            a LPCC to pass a California law and ethics examination and a 
            clinical examination, effective January 1, 2013, as specified.

          10)Authorizes a LPCC registrant to take the clinical examination 
            or the National Clinical Mental Health Counselor Examination, 
            as established by BBS through regulation, only upon meeting 
            certain requirements, as specified.

          11)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.

          12)Double joints this bill to SB 146 (Wyland), as specified.

          13)Makes technical, conforming changes.

           EXISTING LAW  :  

          1)Provides for the licensure and regulation of MFTs, MFT interns 
            and trainees, LCSWs, LPCCs and LPCC interns 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. 









                                                                  SB 704
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          3)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.

          4)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  :  According the Assembly Appropriations Committee:

          1)Minor and absorbable costs to the BBS to revise examination 
            requirements for licensees.

          2)If a national exam for the clinical component of the 
            examination requirements was eventually approved by BBS, and 
            was administered in place of BBS-developed exams, the BBS 
            could realize cost savings of approximately $500,000 (special 
            fund) associated with reduced exam-related workload.

           COMMENTS  :  According to the author, "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 
          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.








                                                                  SB 704
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          "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."

          Beginning in February 2008, the BBS established the EPRC to 
          review the BBS's LCSW, licensed educational psychologists (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.


           Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916) 
          319-3301 


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