BILL ANALYSIS �
SB 1183
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Date of Hearing: June 12, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 1183 (Lieu) - As Amended: April 30, 2012
SENATE VOTE : 23-12
SUBJECT : Board of Behavioral Sciences: continuing education.
SUMMARY : Eliminate the Board of Behavioral Sciences' (BBS)
authority to approve continuing education (CE) course providers
for its licensees and instead requires CE providers to be
approved by accrediting organizations and makes conforming
changes.
EXISTING LAW :
1)Provides for the licensure and regulation of marriage and
family therapists (MFTs), licensed clinical social workers
(LCSWs), licensed professional clinical counselors (LPCCs),
and licensed educational psychologists (LEPs) by the BBS.
2)Requires a licensee to complete CE as a condition of license
renewal.
3)Requires CE to be obtained from specified accredited providers
or other CE providers approved by BBS.
4)Requires BBS to establish regulations for approving CE
providers, requires all CE providers to adhere to those
regulations, and allows BBS to revoke or deny a provider's
right to offer CE coursework for failure to comply with those
regulations or law applicable to CE providers.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "This process of
approving CE providers lacks both the quality assurance of the
programs and the effectiveness of the methods and therapy taught
within the program's content. SB 1183 simply adds the
requirement that CE providers first receive accreditation from
SB 1183
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an accredited educational institution or an accrediting
organization like the statewide and national mental health
associations. This bill will ensure that all CE providers go
through a stringent review by subject matter experts and
practitioners. Overall, the quality of CE providers will be
improved."
Background . MFTs, LCSWs, LEPs, and LPCCs are required to
bi-annually complete 36 hours of CE in order to renew a license.
Licensees must take CE from accredited schools or BBS-approved
providers.
Current law requires licensees to gain their CE hours from
either of the following: a provider that has been accredited by
specified accrediting organizations; or, a provider that has
been approved by the BBS. Current law also requires the BBS to
promulgate regulations for approving CE providers, and grants
the BBS with the authority to revoke or deny a CE provider the
right to offer courses if the provider violates the BBS's
regulations or applicable laws.
In order for CE providers to obtain initial approval, providers
must complete an application and submit a $200 fee. BBS staff
reviews the application and a sample of the provider's program
content to determine if is relevant to the licensee's practice.
Once approved, the provider may offer unlimited CE courses for
two years, after which the provider must submit a renewal
application and fee. During the renewal process, the content of
a CE provider's program is not reviewed by BBS staff.
The BBS may audit records, courses, instructors, related
activities of a provider and licensee to assure compliance with
the law and regulations. If there is any disciplinary action
against the license of the individual who applies to be a CE
provider, this may affect BBS approval. The BBS can deny an
application for the following reasons:
1)A provider is convicted of a felony or misdemeanor offense
related to the provider's activities;
2)A provider, if a licensee, violates any laws or regulation
relating to the practice of MFT, LCSW, LEP, or LPCC; or,
3)A provider makes a material misrepresentation of fact in
information submitted to the BBS.
SB 1183
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This bill eliminates the authority of the BBS to approve CE
providers, develop regulations for CE providers, and revoke or
deny the right for a CE provider to offer coursework.
Previous Legislation . AB 234 (Eng), Chapter 586, Statutes of
2007, changed the CE requirements for LEPs to 36 hours every two
years in order to conform to the requirements of MFTs and LCSWs
and made substantive and non-substantive changes to the laws
regulating MFTs and LEPs.
SB 26 (Alquist), Chapter 839, Statutes of 1995, established CE
requirements for marriage, family and child counselors and
clinical social workers as a condition of license renewal and
increased various licensure-related fees for marriage, family
and child counselors, licensed educational psychologists, and
clinical social workers.
REGISTERED SUPPORT / OPPOSITION :
Support
None on File.
Opposition
American Association for Marriage and Family Therapy, California
Division
Board of Behavioral Sciences
California Association for Licensed Professional Clinical
Counselors
California Association of Marriage and Family Therapists
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301