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 and families.
• 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 Bill
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 place.

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 solutions.

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 approval).

VII. Uniform Standards for Substance Abusing Healing Arts Licensees
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 abusing licensees.

BBS staff has incorporated the standards into the Disciplinary Guidelines, as appropriate.

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