October 13, 2011
I. 2011 Legislative Update
The BBS sponsored 4 bills in 2011. All of these bills were signed
and take effect on January 1, 2012.
- SB 274 – Extends grandparenting into LPCC licensure through
December 31, 2011.
- SB 943 - Cleans-up the Board’s marriage and family therapy,
licensed educational psychologist, licensed clinical social worker, and
licensed professional clinical counselor statute.
- SB 363 - Amends the law to allow a trainee to counsel clients
outside of practicum if the period outside of practicum is less than 90
calendar days and if that period is immediately preceded and immediately
followed by enrollment in a practicum course; Limits the client centered
advocacy allowed for an MFT intern to 500 hours; Allows LPCCs to
supervise MFT interns if they meet the additional training and education
requirements that are required of them by law in order to treat couples
- SB 704 - Requires applicants for LMFT, LPCC and LCSW licensure to
pass two new exams: a California law and ethics examination and a
clinical examination. These new exams replace the standard written and
the clinical vignette exams currently in place. (Note:
the new exams will commence January 1, 2013. There is a separate
Law and Ethics Exam for each of the licenses.)
II. Rulemaking Update
Many BBS regulatory proposals are still pending.
The proposed regulations related to due process (of which CAMFT is
greatly concerned) will be submitted to the Office of Administrative Law
by the end of 2011. CAMFT will be monitoring this carefully.
III. 2012 Legislative Clean-Up/Omnibus
Each year, the BBS combs through the various codes pertaining to the BBS
and proposes amendments. The amendments proposed for
2012 add clarity and consistency to licensing law.
IV. Collaboration with the Association of
Marriage and Family Therapy Regulatory Boards (AMFTRB
The BBS is working with AMFTRB to evaluate the national exam
administered by that organization. Beginning in January, 2012, the
BBS will join with AMFTRB to do an occupational analysis and assessment
of the existing national exam.
V. Continuing Education
BBS staff identified multiple issues surrounding continuing education
provider law. The main policy issues presented by
staff: Should the Board approve individual courses, prohibit
certain types of courses entirely, or allow an accrediting entity to
approve CE Providers? There were also technical issues identified that
need to be addressed, such as the differences between self-study and
online learning and if a limitation on self-study should remain in
Since the issues presented are a large part of the BBS mission, the
Committee decided to recommend that the Board create a Working
Group/Sub-Committee to evaluate each issue in depth and propose
VI. Disciplinary Guidelines
The BBS Enforcement Unit suggested revisions for the BBS to
adopt. The main revisions are:
- Reimbursement to the Board for probation program costs will now be a
standard term and condition of probation (not optional).
- If a respondent is required to participate in psychotherapy as one
of the terms of his or her probation, a respondent would be notified 30
days in advance that he/she must choose a therapist and submit the
pertinent information about their chosen therapist to the Board within
15 days after the decision becomes effective (not 30 days after decision
becomes effective, as written currently).
- f a respondent is required to obtain a billing system monitor as a
term of probation, he or she will be notified of the decision and have
30 days before it becomes effective. Once effective, he or she must
obtain a billing system monitor within 15 days after the decision
becomes effective (not 30 days once the decision becomes effective, as
written currently). Once the Board approves a billing monitor, the
respondent must obtain the services of the billing monitor within 15
days of the Board’s approval. (Note: CAMFT has asked
the BBS to confirm that it is realistic to obtain the services of a
billing monitor within 15 days after being notified of Board
VII. Uniform Standards for Substance Abusing Healing Arts
Senate Bill 144, signed in September, 2008, required the Department of
Consumer Affairs (DCA) to establish the Substance Abuse Coordination
Committee (SACC). The SACC, comprised of the executive officers of the
DCA’s healing arts boards, was tasked with formulating, by January
1, 2010, uniform and specific standards in specified areas that each
board would be required to use in dealing with substance abusing
licensees. The goal of this process was to create consistent and uniform
standards which healing arts boards would adopt through regulation,
allowing consumers better and more consistent protection from substance
BBS staff has incorporated the standards into the Disciplinary
Guidelines, as appropriate.