AB 1651: Licensed educational psychologists: supervision of associates and trainees.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2019-09-20
|
Date
|
Status
|
|---|---|
| Sep 20, 2019 | Chaptered by Secretary of State - Chapter 321, Statutes of 2019. |
| Sep 20, 2019 | Approved by the Governor. |
| Sep 5, 2019 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 30, 2019 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). |
| Aug 27, 2019 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77. |
| Aug 26, 2019 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2019 | Read second time. Ordered to third reading. |
| Aug 19, 2019 | Read third time and amended. Ordered to second reading. |
| Jun 25, 2019 | Read second time. Ordered to third reading. |
| Jun 24, 2019 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 3, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 3). Re-referred to Com. on APPR. |
| May 30, 2019 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 16, 2019 | Referred to Com. on B., P. & E.D. |
| May 2, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 2, 2019 | Read third time. Passed. Ordered to the Senate. |
| Apr 25, 2019 | Read second time. Ordered to Consent Calendar. |
| Apr 24, 2019 | From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (April 24). |
| Apr 2, 2019 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (April 2). Re-referred to Com. on APPR. |
| Mar 28, 2019 | Re-referred to Com. on B. & P. |
| Mar 27, 2019 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 18, 2019 | Referred to Com. on B. & P. |
| Feb 25, 2019 | Read first time. |
| Feb 23, 2019 | From printer. May be heard in committee March 25. |
| Feb 22, 2019 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2019 | AB 1651 Medina Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 26, 2019 | Assembly 3rd Reading AB1651 Medina By Roth | Senate Floor |
Passed |
|
| Jun 3, 2019 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 2, 2019 | AB 1651 Medina Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 24, 2019 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 2, 2019 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1651
Author:(Medina)
As Amended Ver:August 19, 2019
Majority vote
SUMMARY:
Authorizes licensed educational psychologists (LEPs) to supervise an unlicensed of associate marriage and family therapists (AMFTs), associate clinical social workers (ACSWs), and associate professional clinical counselors (APCCs), as specified, and makes conforming changes.
The Senate Amendments:
- Define "educationally related mental health services."
- Add language to resolve a chaptering conflict with SB 697 (Bates), which is pending on the Assembly Floor.
- Make technical and clarifying changes.
COMMENTS:
State law requires a license issued by the Board of Behavioral Sciences (BBS) to practice marriage and family therapy, educational psychology, clinical social work, or professional clinical counseling. Among other things, applicants for licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor must obtain 3,000 postdegree hours of supervised experience. Currently, marriage and family therapists, clinical social workers, and professional clinical counselors that are licensed may serve as supervisors for unlicensed associates, interns, and trainees seeking licensure within the three professions. This bill would also allow LEPs to serve as a supervisor for the other professions.
Educational Psychology. According to the American Psychological Association, educational psychology is focused on "identifying and studying learning methods to better understand how people absorb and retain new information." Educational psychologists apply the theories developed through this process "to understand individual learning and inform the instructional process."
As noted above, a license is required to practice educational psychology. The LEP requirements differ from the requirements under the other three BBS license types. An LEP applicant must have at least two years of experience practicing under a pupil personnel services credential issued by the Commission on Teacher Credentialing, among other requirements. As a result, LEPs tend to specialize in the education system, with an intimate knowledge of disabilities and special education policy and procedures.
Educationally Related Mental Health Services (ERMHS). ERMHS are the mental health services that school districts provide to students with disabilities. ERMHS is provided in both educational and clinical settings. The purpose of ERMHS is to provide the necessary mental and behavioral health support students need to benefit from their educational programs.
According to the sponsor, school districts and other special education providers are using BBS associates to provide ERMHS. However, the Education Code requires ERMHS service providers to be supervised by someone with a pupil personnel services credential or an administrative credential. To that end, this bill seeks to ensure the availability of BBS associates in ERMHS settings by allowing the hours supervised under an LEP to count towards licensure for other BBS licenses. This bill also restricts the number LEP supervised hours to 1,200 hours to ensure supervisees receive sufficient experience in other disciplines.
According to the Author:
This bill "will allow AMFTs, ACSWs, and APCCs to be able to count the hours they provide counseling to special education students toward licensure. It will also allow LEPs to ensure that the associates are using best practices when counseling these students."
Arguments in Support:
The California Association of School Psychologists (sponsor) writes, "The expertise and experience of LEPs with regard to mental health services and knowledge of special education process and procedure make them ideal professionals to supervise BBS Associates in school settings where ERMHS are delivered. Supporting this change would also allow additional opportunities for BBS Associates to gain professional experience in multiple settings."
The Board of Behavioral Sciences wrote that it would support this bill if amended to include a definition for "educationally related mental health services." This bill currently contains a definition substantially similar to the one provided by the Board, but it has not officially update its position.
Arguments in Opposition:
None on file.
FISCAL COMMENTS:
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, no significant state costs anticipated.
VOTES:
ASM BUSINESS AND PROFESSIONS: 19-0-1
YES: Low, Brough, Bloom, Chen, Chiu, Cunningham, Dahle, Eggman, Fong, Gloria, Grayson, Holden, Irwin, Kamlager-Dove, McCarty, Medina, Mullin, Obernolte, Ting
ABS, ABST OR NV: Gipson
ASM APPROPRIATIONS: 18-0-0
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Jones-Sawyer, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas
ASSEMBLY FLOOR: 76-0-4
YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
ABS, ABST OR NV: Arambula, Grayson, Mullin, Quirk
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk
ABS, ABST OR NV: Leyva
UPDATED:
VERSION: August 19, 2019
CONSULTANT: Vincent Chee / B. & P. / (916) 319-3301 FN: 0001522
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1651 |
THIRD READING
Bill No: AB 1651
Amended: 8/19/19 in Senate
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/3/19
AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/2/19 (Consent) - See last page for vote
SUBJECT: Licensed educational psychologists: supervision of associates and trainees
SOURCE: California Association of School Psychologists
DIGEST:
This bill authorizes a licensed educational psychologist (LEP) to supervise an applicant for licensure, an associate, an intern, or a trainee under the Licensed Marriage and Family Therapist (LMFT) Act, the Clinical Social Worker (CSW) Practice Act, and the Licensed Professional Clinical Counselor (LPCC) Act, as specified.
Senate Floor Amendments of 8/19/19 add language to address a chaptering conflict with SB 679 (Bates).
Existing law:
- Establishes the Board of Behavioral Sciences (BBS) to administer the LMFT Act, the Educational Psychologist Practice (EPP) Act, the CSW Practice Act, and the LPCC Act. (Business and Professions Code (BPC) § 4990.12)
- Defines the practice of educational psychology as the performance of any of the following professional functions pertaining to academic learning processes, the educational system, or both:
- Educational evaluation.
- Diagnosis of psychological disorders related to academic learning processes.
- Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
- Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
- Providing psychological counseling for individuals, groups, and families.
- Consultation with other educators and parents on issues of social development and behavioral and academic difficulties.
- Conducting psychoeducational assessments for the purposes of identifying special needs.
- Developing treatment programs and strategies to address problems of adjustment.
- Coordinating intervention strategies for management of individual crises. (BPC § 4989.14)
- Requires an MFT, PCC, and CSW supervisor to, for at least two years within the five-year period immediately preceding any supervision, practiced psychotherapy or provided direct clinical supervision of psychotherapy performed by trainees or associates, as specified. (BPC §§ 4980.03 (g)(3)), 4996.20 (a)(2), 4999.12 (h)(3))
- Defines “supervision” as responsibility for, and control of, the quality of mental health and related services provided by the supervisee. (BPC §§ 4980.43.1 (b), 4996.20 (b), 4999.12 (m))
This bill:
- Authorizes an LEP to supervise an applicant for licensure, an associate, an intern, or a trainee under the LMFT Act, the CSW Practice Act, and the LPCC Act if the LEP was licensed, has practiced psychotherapy, provided psychological counseling, or provided direct clinical supervision of psychotherapy performed by trainees or associates for at least two years within the five-year period immediately preceding any supervision, as specified.
- Defines educationally related mental health services (ERMHS) for purposes of an LEP supervising an associate MFT, associate PCC, or associate CSW to mean those mental health services provided to clients who have social, emotional or behavioral issues that interfere with their educational progress. These services include:
- Educationally related counseling services to clients qualified for special education and that are necessary to receive a Free and Appropriate Public Education in the least restrictive environment, pursuant to federal requirements.
- Intensive counseling services on a continuum which may reflect an increase in frequency, duration, or staff specialization to address the client’s emotional and behavioral needs.
- Counseling services provided by qualified practitioners.
- Parent counseling and training.
- Psychological services that include consulting with staff members in planning school programs to meet the client’s educational needs and assisting in developing positive behavioral intervention strategies for the client.
- Social work services such as preparing a social or developmental history on a client with a disability.
- Group and individual counseling with the client and family.
- Mobilizing school and community resources to enable the client to learn as effectively as possible in his or her educational program, as specified.
- Authorizes an LEP to supervise an MFT associate and trainee, a registered associate CSW, and a registered associate CSW up to a maximum of 1,200 hours towards licensure providing ERMHS that are consistent with an LEP’s scope of practice.
- Adds to the definition of “unprofessional conduct” in the EPP Act the violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person by a licensee that violates the EPP, the LMFT Act, the CSW Practice Act, or the LPCC Act.
- Makes technical amendments.
Background
BBS regulates the practice of LEPs, LMFTs, LCSWs, and LPCCs. These individuals have different training that focuses on particular aspects of human interaction.
- LEP. According to Psychology.com, LEPs study how people learn by evaluating various learning methods on student outcomes. LEPs take into account the unique needs of the educational institution and its students and incorporate behavioral psychology, developmental psychology and cognitive psychology in their work. They also provide ERMHS, which occur in both educational and clinical settings.
- LMFT. The practice of marriage and family therapy means a service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and pre-marriage counseling.
- LCSW. The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and unconscious motivations is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; or doing research related to social work.
- LPCC. Professional clinical counseling is the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the required coursework and training. It also includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed and rational decisions.
Current provision of ERMHS. AB 114 (Committee on Budget, Chapter 43, Statutes of 2011) changed responsibility for the provision of mental health services for students in special education from the Department of Mental Health (DMH) to school districts. Under the previous law, DMH contracted with local community mental health agencies to provide mental health services to school districts. Students would access these services at local clinics. With the implementation of AB 114, school districts were tasked with addressing the mental health needs of their students at schools during the school day.
The Education Code requires that ERMHS service providers be supervised by someone with a PPS or other administrative credential. Some school districts hire LMFTs, LCSWs, and LMFTs with a PPS to manage ERMHS programs because they can provide the BBS required supervision to BBS associates. However, many BBS licensees do not have PPS credentials or experience with special education or the educational system. Therefore, LCSWs, LPCCs, and LMFTs without a PPS who work in school districts can provide ERMHS services themselves, but cannot supervise associates providing ERMHS – these associates must be have an additional supervisor, usually a school psychologist or school counselor. LEPs are versed in both the clinical needs of students and are experts in education, but are not currently authorized to supervise MFT, CSW, and PCC associates.
This bill allows an LEP to supervise an MFT, CSW, or PCC trainee up to a maximum of 1,200 hours towards licensure as long as the LEP is supervising the provision of EMRHS consistent with an LEP’s scope of practice.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Association of School Psychologists (source)
County Behavioral Health Directors Association
National Association of Social Workers, California Chapter
Several individuals
OPPOSITION: (Verified 8/20/19)
None received
ARGUMENTS IN SUPPORT: The California Association of School Psychologists, the County Behavioral Health Directors Association, and the National Association of Social Workers, California Chapter write in support and note that the change proposed by this bill allows additional opportunities for BBS Associates to gain professional experience in multiple settings.
ASSEMBLY FLOOR: 76-0, 5/2/19
AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
NO VOTE RECORDED: Arambula, Grayson, Mullin, Quirk
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
8/21/19 15:21:52
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1651 |
THIRD READING
Bill No: AB 1651
Amended: 5/30/19 in Senate
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/3/19
AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/2/19 (Consent) - See last page for vote
SUBJECT: Licensed educational psychologists: supervision of associates and trainees
SOURCE: California Association of School Psychologists
DIGEST:
This bill authorizes a licensed educational psychologist (LEP) to supervise an applicant for licensure, an associate, an intern, or a trainee under the Licensed Marriage and Family Therapist (LMFT) Act, the Clinical Social Worker (CSW) Practice Act, and the Licensed Professional Clinical Counselor (LPCC) Act, as specified.
Existing law:
- Establishes the Board of Behavioral Sciences (BBS) to administer the LMFT Act, the Educational Psychologist Practice (EPP) Act, the CSW Practice Act, and the LPCC Act. (Business and Professions Code (BPC) § 4990.12)
- Defines the practice of educational psychology as the performance of any of the following professional functions pertaining to academic learning processes, the educational system, or both:
- Educational evaluation.
- Diagnosis of psychological disorders related to academic learning processes.
- Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
- Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
- Providing psychological counseling for individuals, groups, and families.
- Consultation with other educators and parents on issues of social development and behavioral and academic difficulties.
- Conducting psychoeducational assessments for the purposes of identifying special needs.
- Developing treatment programs and strategies to address problems of adjustment.
- Coordinating intervention strategies for management of individual crises. (BPC § 4989.14)
- Requires an MFT, PCC, and CSW supervisor to, for at least two years within the five-year period immediately preceding any supervision, practiced psychotherapy or provided direct clinical supervision of psychotherapy performed by trainees or associates, as specified. (BPC §§ 4980.03 (g)(3)), 4996.20 (a)(2), 4999.12 (h)(3))
- Defines “supervision” as responsibility for, and control of, the quality of mental health and related services provided by the supervisee. (BPC §§ 4980.43.1 (b), 4996.20 (b), 4999.12 (m))
This bill:
- Authorizes an LEP to supervise an applicant for licensure, an associate, an intern, or a trainee under the LMFT Act, the CSW Practice Act, and the LPCC Act if the LEP was licensed, has practiced psychotherapy, provided psychological counseling, or provided direct clinical supervision of psychotherapy performed by trainees or associates for at least two years within the five-year period immediately preceding any supervision, as specified.
- Defines educationally related mental health services (ERMHS) for purposes of an LEP supervising an associate MFT, associate PCC, or associate CSW to mean those mental health services provided to clients who have social, emotional or behavioral issues that interfere with their educational progress. These services include:
- Educationally related counseling services to clients qualified for special education and that are necessary to receive a Free and Appropriate Public Education in the least restrictive environment, pursuant to federal requirements.
- Intensive counseling services on a continuum which may reflect an increase in frequency, duration, or staff specialization to address the client’s emotional and behavioral needs.
- Counseling services provided by qualified practitioners.
- Parent counseling and training.
- Psychological services that include consulting with staff members in planning school programs to meet the client’s educational needs and assisting in developing positive behavioral intervention strategies for the client.
- Social work services such as preparing a social or developmental history on a client with a disability.
- Group and individual counseling with the client and family.
- Mobilizing school and community resources to enable the client to learn as effectively as possible in his or her educational program, as specified.
- Authorizes an LEP to supervise an MFT associate and trainee, a registered associate CSW, and a registered associate CSW up to a maximum of 1,200 hours towards licensure providing ERMHS that are consistent with an LEP’s scope of practice.
- Adds to the definition of “unprofessional conduct” in the EPP Act the violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person by a licensee that violates the EPP, the LMFT Act, the CSW Practice Act, or the LPCC Act.
- Makes technical amendments.
Background
BBS regulates the practice of LEPs, LMFTs, LCSWs, and LPCCs. These individuals have different training that focuses on particular aspects of human interaction.
- LEP. According to Psychology.com, LEPs study how people learn by evaluating various learning methods on student outcomes. LEPs take into account the unique needs of the educational institution and its students and incorporate behavioral psychology, developmental psychology and cognitive psychology in their work. They also provide ERMHS, which occur in both educational and clinical settings.
- LMFT. The practice of marriage and family therapy means a service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and pre-marriage counseling.
- LCSW. The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and unconscious motivations is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; or doing research related to social work.
- LPCC. Professional clinical counseling is the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the required coursework and training. It also includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed and rational decisions.
Current provision of ERMHS. AB 114 (Committee on Budget, Chapter 43, Statutes of 2011) changed responsibility for the provision of mental health services for students in special education from the Department of Mental Health (DMH) to school districts. Under the previous law, DMH contracted with local community mental health agencies to provide mental health services to school districts. Students would access these services at local clinics. With the implementation of AB 114, school districts were tasked with addressing the mental health needs of their students at schools during the school day.
The Education Code requires that ERMHS service providers be supervised by someone with a PPS or other administrative credential. Some school districts hire LMFTs, LCSWs, and LMFTs with a PPS to manage ERMHS programs because they can provide the BBS required supervision to BBS associates. However, many BBS licensees do not have PPS credentials or experience with special education or the educational system. Therefore, LCSWs, LPCCs, and LMFTs without a PPS who work in school districts can provide ERMHS services themselves, but cannot supervise associates providing ERMHS – these associates must be have an additional supervisor, usually a school psychologist or school counselor. LEPs are versed in both the clinical needs of students and are experts in education, but are not currently authorized to supervise MFT, CSW, and PCC associates.
This bill allows an LEP to supervise an MFT, CSW, or PCC trainee up to a maximum of 1,200 hours towards licensure as long as the LEP is supervising the provision of EMRHS consistent with an LEP’s scope of practice.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Association of School Psychologists (source)
County Behavioral Health Directors Association
National Association of Social Workers, California Chapter
Several individuals
OPPOSITION: (Verified 6/25/19)
None received
ARGUMENTS IN SUPPORT: The California Association of School Psychologists, the County Behavioral Health Directors Association, and the National Association of Social Workers, California Chapter write in support and note that the change proposed by this bill allows additional opportunities for BBS Associates to gain professional experience in multiple settings.
ASSEMBLY FLOOR: 76-0, 5/2/19
AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
NO VOTE RECORDED: Arambula, Grayson, Mullin, Quirk
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
6/26/19 15:37:06
**** END ****
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Steven Glazer, Chair
2019 - 2020 Regular
Bill No: AB 1651 Hearing Date: June 3, 2019
Author: | Medina | ||
Version: | May 30, 2019 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Huchel | ||
Subject: Licensed educational psychologists: supervision of associates and trainees
SUMMARY:
Authorizes a licensed educational psychologist (LEP) to supervise an applicant for licensure, an associate, an intern, or a trainee under the Licensed Marriage and Family Therapist (MFT) Act, the Clinical Social Worker (CSW) Practice Act, and the Licensed Professional Clinical Counselor (PCC) Act, as specified.
Existing law:
- Establishes the Board of Behavioral Sciences (BBS) to administer the Licensed MFT Act, the Educational Psychologist Practice (EPP) Act, the CSW Practice Act, and the Licensed PCC Act. (Business and Professions Code (BPC) § 4990.12)
- Defines the practice of educational psychology as the performance of any of the following professional functions pertaining to academic learning processes, the educational system, or both:
- Educational evaluation.
- Diagnosis of psychological disorders related to academic learning processes.
- Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
- Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors.
- Providing psychological counseling for individuals, groups, and families.
- Consultation with other educators and parents on issues of social development and behavioral and academic difficulties.
- Conducting psychoeducational assessments for the purposes of identifying special needs.
- Developing treatment programs and strategies to address problems of adjustment.
- Coordinating intervention strategies for management of individual crises. (BPC § 4989.14)
- Requires a MFT, CSW, and PCC supervisor to have held an active license for at least two years within the five-year period immediately preceding any supervision as either a:
- PCC, MFT, clinical psychologist, CSW, or equivalent out-of-state license.
- Physician and surgeon certified in psychiatry by the American Board of Psychiatry and Neurology. (BPC §§ 4980.03 (g)(1), 4996.20 (a)(1), 4999.12 (h)(1))
- Requires an MFT, PCC, and CSW supervisor to, for at least two years within the five-year period immediately preceding any supervision, practiced psychotherapy or provided direct clinical supervision of psychotherapy performed by trainees or associates, as specified. (BPC §§ 4980.03 (g)(3)), 4996.20 (a)(2), 4999.12 (h)(3))
- Defines “supervision” as responsibility for, and control of, the quality of mental health and related services provided by the supervisee. (BPC §§ 4980.43.1 (b), 4996.20 (b), 4999.12 (m))
- Authorizes the holder of a services credential with a specialization in pupil personnel services (PPS) to perform, at all grade levels, the pupil personnel service as designated on the credential, which may include, but need not be limited to, school counseling, school psychology, child welfare and attendance services, and school social work. (Education Code § 44266)
- Requires state licensed individuals to be supervised in their school-based activities by an individual holding a PPS authorization. (Title 5, California Code of Regulations § 80049.1(c))
This bill:
- Authorizes a LEP to supervise an applicant for licensure, an associate, an intern, or a trainee under the Licensed MFT Act, the CSW Practice Act, and the Licensed PCC Act if the LEP was licensed, has practiced psychotherapy, provided psychological counseling, or provided direct clinical supervision of psychotherapy performed by trainees or associates for at least two years within the five-year period immediately preceding any supervision, as specified.
- Defines educationally related mental health services (ERMHS) for purposes of a LEP supervising an associate MFT, associate PCC, or associate CSW to mean those mental health services provided to clients who have social, emotional or behavioral issues that interfere with their educational progress. These services include:
- Educationally related counseling services to clients qualified for special education and that are necessary to receive a Free and Appropriate Public Education in the least restrictive environment, pursuant to federal requirements.
- Intensive counseling services on a continuum which may reflect an increase in frequency, duration, or staff specialization to address the client’s emotional and behavioral needs.
- Counseling services provided by qualified practitioners.
- Parent counseling and training.
- Psychological services that include consulting with staff members in planning school programs to meet the client’s educational needs and assisting in developing positive behavioral intervention strategies for the client.
- Social work services such as preparing a social or developmental history on a client with a disability.
- Group and individual counseling with the client and family.
- Mobilizing school and community resources to enable the client to learn as effectively as possible in his or her educational program, as specified.
- Authorizes a LEP to supervise a MFT associate and trainee, a registered associate CSW, and a registered associate CSW up to a maximum of 1,200 hours towards licensure providing ERMHS that are consistent with an LEP’s scope of practice.
- Adds to the definition of “unprofessional conduct” in the EPP Act the violation of any statute or regulation governing the gaining and supervision of experience of an unlicensed person by a licensee that violates the EPP, the Licensed MFT Act, the CSW Practice Act, or the Licensed PCC Act.
- Makes technical amendments.
FISCAL EFFECT:
According to the Assembly Appropriations analysis dated April 24, 2019, this bill has the following fiscal impact:
- Minor one-time and absorbable costs to BBS associated with the creation and tracking of a new enforcement code for unprofessional conduct resulting from supervision of unlicensed personnel (Behavioral Health Examiners Fund). Any ongoing enforcement costs are expected to be minor.
- Minor costs to BBS to modify forms and evaluation procedures (Behavioral Health Examiners Fund).
COMMENTS:
- Purpose. This bill is sponsored by the California Association of School Psychologists. According to the Author, “AB 1651 allows a LEP to act as a supervisor of associate AMFTs, associate CSWs, and associate PCCs who are providing ERMHS in educational and clinical settings.”
- Background. BBS regulates the practice of LEPs, Licensed MFTs, Licensed CSWs, and Licensed PCCs. These individuals have different training that focuses on particular aspects of human interaction.
- LEP. According to Psychology.com, LEPs study how people learn by evaluating various learning methods on student outcomes. LEPs take into account the unique needs of the educational institution and its students and incorporate behavioral psychology, developmental psychology and cognitive psychology in their work. They also provide ERMHS, which occur in both educational and clinical settings.
- LMFT. The practice of marriage and family therapy means a service performed with individuals, couples, or groups wherein interpersonal relationships are examined for the purpose of achieving more adequate, satisfying, and productive marriage and family adjustments. This practice includes relationship and pre-marriage counseling.
- LCSW. The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and unconscious motivations is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; or doing research related to social work.
- LPCC. Professional clinical counseling is the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the required coursework and training. It also includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed and rational decisions.
- Current provision of ERMHS. AB 114 (Committee on Budget, Chapter 43, Statutes of 2011) changed responsibility for the provision of mental health services for students in special education from the Department of Mental Health (DMH) to school districts.
Under the previous law, DMH contracted with local community mental health agencies to provide mental health services to school districts. Students would access these services at local clinics. With the implementation of AB 114, school districts were tasked with addressing the mental health needs of their students at schools during the school day.
Education Code requires ERMHS service providers be supervised by someone with a PPS or other administrative credential. Some school districts hire Licensed MFTs, Licensed CSWs, and Licensed MFTs with a PPS to manage ERMHS programs because they can provide the BBS required supervision to BBS associates. However, many BBS licensees do not have PPS credentials or experience with special education or the educational system. Therefore, Licensed CSWs, Licensed PCCs, and Licensed MFTs without a PPS who work in school districts can provide ERMHS services themselves, but cannot supervise associates providing ERMHS – these associates must be have an additional supervisor, usually a school psychologist or school counselor. LEPs are versed in both the clinical needs of students and are experts in education, but are not currently authorized to supervise MFT, CSW, and PCC associates.
This bill would allow a LEP to supervise a MFT, CSW, or PCC trainee up to a maximum of 1,200 hours towards licensure as long as the LEP is supervising the provision of EMRHS consistent with an LEP’s scope of practice.
- Related legislation. SB 679 (Bates) restructures the code sections outlining requirements for persons applying to be licensed marriage and family therapists (LMFTs), licensed clinical social workers (LCSWs), and licensed professional clinical counselors (LPCCs) who have out-of-state education or experience. Additionally, it creates a new pathway for licensure for individuals applying to be LMFTs, LCSWs, or LPCCs who have held active and unrestricted out-of-state licenses in their respective practices for at least two years. (Status: This bill is pending in the Assembly Business and Professions Committee.)
- Prior related legislation. AB 93 (Medina, Chapter 743, Statutes of 2018) expanded, clarified, and standardized supervisory requirements across marriage and family therapist, professional clinical counselor, and clinical social worker licensees.
AB 1808 (Wood, Chapter 292, Statutes of 2016), amended the definition of a "professional person" to include a MFT trainee, a LPCC trainee, a registered psychological assistant, a psychology trainee, an associate CSW, or a social work intern while working under supervision, in order to provide specified mental health services to a minor 12 years of age or older under specified circumstances, and requires a trainee or intern to consult with his or her supervisor, as specified.
SB 620 (Block, Chapter 262, Statutes of 2015) streamlined the supervised experience hour requirements for licensed MFTs and licensed PCCs, and revises certain experience hour requirements for licensed CSWs for consistency.
AB 114 (Committee on Budget, Chapter 43, Statutes of 2011) required local educational agencies to be responsible for ensuring students with disabilities receive special education and related services, including some services previously arranged for or provided by county mental health agencies.
- Arguments in Support. The California Association of School Psychologists write, “The expertise and experience of LEPs with regard to mental health services and knowledge of special education process and procedure make them ideal professionals to supervise BBS Associates in school settings where ERMHS are delivered. Supporting this change would also allow additional opportunities for BBS Associates to gain professional experience in multiple settings.”
SUPPORT AND OPPOSITION:
Support:
California Association of School Psychologists (Sponsor)
County Behavioral Health Directors Association of California
National Association of Social Workers, California Chapter
Several individuals
Opposition:
None on file as of May 29, 2019.
-- END --
Date of Hearing: April 24, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1651
Author:(Medina) – As Amended Ver:March 27, 2019
Policy Committee: | Business and Professions | Vote: | 19 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill allows licensed educational psychologists (LEPs) to supervise Board of Behavioral Sciences (BBS)-regulated professionals who are earning clinical hours towards licensure. (These professionals are associate marriage and family therapists, associate clinical social workers, and associate professional clinical counselors.)
FISCAL EFFECT:
- Minor one-time and absorbable costs to BBS associated with the creation and tracking of a new enforcement code for unprofessional conduct resulting from supervision of unlicensed personnel (Behavioral Health Examiners Fund). Any ongoing enforcement costs are expected to be minor.
- Minor costs to BBS to modify forms and evaluation procedures (Behavioral Health Examiners Fund).
COMMENTS:
- Purpose. BBS licensure includes a specified number of supervised hours of clinical practice. Currently, clinical hours earned under supervision by LEPs cannot count toward licensure; this bill would allow them to count. This bill is sponsored by the California Association of School Psychologists and has no opposition.
- Background. LEPs, often called school psychologists, are master’s-level professionals regulated by BBS who have at least two years of experience practicing under a pupil personnel services credential issued by the Commission on Teacher Credentialing, among other requirements. According to the sponsor, school districts and other special education providers use BBS associates to provide educationally related mental health services, which are mental and behavioral health support students need to benefit from their educational programs.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: April 2, 2019
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 1651
Author:Medina – As Amended Ver:March 27, 2019
SUBJECT: Licensed educational psychologists: supervision of associates and trainees.
SUMMARY: Adds licensed educational psychologists to the list of Board of Behavioral Sciences licensees authorized to supervise an unlicensed person for purposes of licensure and expands the definition of unprofessional conduct to include specified acts relating to supervision by a licensed educational psychologist.
EXISTING LAW:
- Provides for the licensure and regulation of marriage and family therapists under the Licensed Marriage and Family Therapist Act, educational psychologists under the Educational Psychologist Practice Act, clinical social workers under the Clinical Social Worker Practice Act, and professional clinical counselors and the Licensed Professional Clinical Counselor Act. (Business and Professions Code (BPC) §§ 4980-4989, 4989.10-4989.70, 4991-4998.5, 4999.10-4999.129)
- Establishes the Board of Behavioral Sciences (BBS) within the Department of Consumer Affairs to administer and enforce the above practice acts. (BPC §§ 4990-4990.42).
- Authorizes unlicensed associates, interns, trainees, and applicants for licensure under the above practice acts, except for the Educational Psychologist Practice Act, to perform specified services under the supervision of specified healing arts practitioner supervisors. (BPC §§ 4980.03, 4996.20, 4999.12)
- Requires applicants for licensure under the above practice acts to meet educational and experience requirements, including specified hours of supervised experience practicing in various settings, with the Educational Psychologist Practice Act requiring more experience specific to school psychology. (BPC §§ 4980.43, 4996.23, 4999.46)
- Defines the practice of educational psychology as the performance of any of the following professional functions pertaining to academic learning processes or the educational system:
- Educational evaluation. (BPC § 4989.14(a))
- Diagnosis of psychological disorders related to academic learning processes. (BPC § 4989.14(b))
- Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (BPC § 4989.14(c))
- Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (BPC § 4989.14(d))
- Providing psychological counseling for individuals, groups, and families. (BPC § 4989.14(e))
- Consultation with other educators and parents on issues of social development and behavioral and academic difficulties. (BPC § 4989.14(f))
- Conducting psychoeducational assessments for the purposes of identifying special needs. (BPC § 4989.14(g))
- Developing treatment programs and strategies to address problems of adjustment. (BPC § 4989.14(h))
- Coordinating intervention strategies for management of individual crises. (BPC § 4989.14(i))
THIS BILL:
- Authorizes licensed educational psychologists (LEPs) to act as the supervisor of associate marriage and family therapists (AMFTs), associate clinical social workers (ACSWs), and associate professional clinical counselors (APCCs).
- Limits the number of supervised hours that an applicant use towards licensure under an LEP supervisor to 1,200 hours.
- Makes it unprofessional conduct for an LEP supervisor to allow an unlicensed supervisee to perform services outside of the scope of an LEP license or the individual competence of the licensee or supervisee.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the California Association of School Psychologists. According to the author, this bill “will allow [associate marriage and family therapists, associate clinical social workers, and associate professional clinical counselors] to be able to count the hours they provide counseling to special education students toward licensure. It will also allow LEPs to ensure that the associates are using best practices when counseling these students.”
Background. State law requires a license to practice marriage and family therapy, educational psychology, clinical social work, or professional clinical counseling. Among other things, applicants for licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor must obtain 3,000 postdegree hours of supervised experience. Currently, marriage and family therapists, clinical social workers, and professional clinical counselors that are licensed may serve as supervisors for unlicensed associates, interns, and trainees seeking licensure within the three professions. This bill would also allow LEPs to serve as a supervisor for the other professions.
Educational Psychology. According to the American Psychological Association, educational psychology is focused on “identifying and studying learning methods to better understand how people absorb and retain new information.” Educational psychologists apply the theories developed through this process “to understand individual learning and inform the instructional process.”
As noted above, a license is required to practice educational psychology. The LEP requirements differ from the requirements under the other three BBS license types. An LEP applicant must have at least two years of experience practicing under a pupil personnel services credential issued by the Commission on Teacher Credentialing, among other requirements. As a result, LEPs tend to specialize in the education system, with an intimate knowledge of disabilities and special education policy and procedures.
Educationally Related Mental Health Services (ERMHS). ERMHS are the mental health services that school districts provide to students with disabilities. ERMHS is provided in both educational and clinical settings. The purpose of ERMHS is to provide the necessary mental and behavioral health support students need to benefit from their educational programs.
According to the sponsor, school districts and other special education providers are using BBS associates to provide ERMHS. However, the Education Code requires ERMHS service providers to be supervised by someone with a pupil personnel services credential or an administrative credential. To that end, this bill seeks to ensure the availability of BBS associates in ERMHS settings by allowing the hours supervised under an LEP to count towards licensure for other BBS licenses. This bill also restricts the number LEP supervised hours to 1,200 hours to ensure supervisees receive sufficient experience in other disciplines.
POLICY ISSUES FOR CONSIDERATION:
- ERMHS vs. Therapeutic Settings. At the BBS’ October 19, 2018, Policy and Advocacy Committee meeting, the Committee noted that this bill does not limit LEP supervision to ERMHS settings. Because it was unclear whether LEPs have the requisite experience in therapeutic settings, the BBS will discuss during its future meetings whether LEP supervision should be limited to ERMHS settings, and if the limit is applied, how to identify an ERMHS setting. If this bill passes this Committee, the author may wish to work with the BBS to ensure the appropriate settings an LEP may supervise other BBS associates.
- License Portability. At the same BBS Policy and Advocacy meeting, there was a question as to whether allowing LEP supervision would impact the ability of supervisees to seek licensure in other states. Because the LEP license type is relatively uncommon, supervision by an LEP may not count towards licensure in other states. If this bill passes this Committee, the author may wish to work with the BBS to reduce the impact on license portability.
REGISTERED SUPPORT:
California Association of School Psychologists (sponsor)
REGISTERED OPPOSITION:
None on file
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 1651
Author:(Medina) – As Introduced Ver:February 22, 2019
SUBJECT: Licensed educational psychologists: supervision of associates and trainees.
SUMMARY: Authorizes licensed educational psychologists to the list of Board of Behavioral Sciences licensees authorized to supervise an unlicensed person for purposes of licensure and expands the definition of unprofessional conduct to include specified acts relating to supervision by a licensed educational psychologist.
EXISTING LAW:
- Provides for the licensure and regulation of marriage and family therapists under the Licensed Marriage and Family Therapist Act, educational psychologists under the Educational Psychologist Practice Act, clinical social workers under the Clinical Social Worker Practice Act, and professional clinical counselors and the Licensed Professional Clinical Counselor Act. (Business and Professions Code (BPC) §§ 4980-4989, 4989.10-4989.70, 4991-4998.5, 4999.10-4999.129)
- Establishes the Board of Behavioral Sciences (BBS) within the Department of Consumer Affairs to administer and enforce the above practice acts. (BPC §§ 4990-4990.42).
- Authorizes unlicensed associates, interns, trainees, and applicants for licensure under the above practice acts, except for the Educational Psychologist Practice Act, to perform specified services under the supervision of specified healing arts practitioner supervisors. (BPC §§ 4980.03, 4996.20, 4999.12)
- Requires applicants for licensure under the above practice acts to meet educational and experience requirements, including specified hours of supervised experience practicing in various settings, with the Educational Psychologist Practice Act requiring more experience specific to school psychology. (BPC §§ 4980.43, 4996.23, 4999.46)
- Defines the practice of educational psychology as the performance of any of the following professional functions pertaining to academic learning processes or the educational system:
- Educational evaluation. (BPC § 4989.14(a))
- Diagnosis of psychological disorders related to academic learning processes. (BPC § 4989.14(b))
- Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (BPC § 4989.14(c))
- Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (BPC § 4989.14(d))
- Providing psychological counseling for individuals, groups, and families. (BPC § 4989.14(e))
- Consultation with other educators and parents on issues of social development and behavioral and academic difficulties. (BPC § 4989.14(f))
- Conducting psychoeducational assessments for the purposes of identifying special needs. (BPC § 4989.14(g))
- Developing treatment programs and strategies to address problems of adjustment. (BPC § 4989.14(h))
- Coordinating intervention strategies for management of individual crises. (BPC § 4989.14(i))
THIS BILL:
- Authorizes licensed educational psychologists (LEPs) to act as the supervisor of associate marriage and family therapists (AMFTs), associate clinical social workers (ACSWs), and associate professional clinical counselors (APCCs).
- Limits the number of supervised hours that an applicant use towards licensure under an LEP supervisor to 1,200 hours.
- Makes it unprofessional conduct for an LEP supervisor to allow an unlicensed supervisee to perform services outside of the scope of an LEP license or the individual competence of the licensee or supervisee.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the California Association of School Psychologists. According to the author, this bill “will allow [associate marriage and family therapists, associate clinical social workers, and associate professional clinical counselors] to be able to count the hours they provide counseling to special education students toward licensure. It will also allow LEPs to ensure that the associates are using best practices when counseling these students.”
Background. State law requires a license to practice marriage and family therapy, educational psychology, clinical social work, or professional clinical counseling. Among other things, applicants for licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor must obtain 3,000 postdegree hours of supervised experience. Currently, marriage and family therapists, clinical social workers, and professional clinical counselors that are licensed may serve as supervisors for unlicensed associates, interns, and trainees seeking licensure within the three professions. This bill would also allow LEPs to serve as a supervisor for the other professions.
Educational Psychology. According to the American Psychological Association, educational psychology is focused on “identifying and studying learning methods to better understand how people absorb and retain new information.” Educational psychologists apply the theories developed through this process “to understand individual learning and inform the instructional process.”
As noted above, a license is required to practice educational psychology. The LEP requirements differ from the requirements under the other three BBS license types. An LEP applicant must have at least two years of experience practicing under a pupil personnel services credential issued by the Commission on Teacher Credentialing, among other requirements. As a result, LEPs tend to specialize in the education system, with an intimate knowledge of disabilities and special education policy and procedures.
Educationally Related Mental Health Services (ERMHS). ERMHS are the mental health services that school districts provide to students with disabilities. ERMHS is provided in both educational and clinical settings. The purpose of ERMHS is to provide the necessary mental and behavioral health support students need to benefit from their educational programs.
According to the sponsor, school districts and other special education providers are using BBS associates to provide ERMHS. However, the Education Code requires ERMHS service providers to be supervised by someone with a pupil personnel services credential or an administrative credential. To that end, this bill seeks to ensure the availability of BBS associates in ERMHS settings by allowing the hours supervised under an LEP to count towards licensure for other BBS licenses. This bill also restricts the number LEP supervised hours to 1,200 hours to ensure supervisees receive sufficient experience in other disciplines.
POLICY ISSUES FOR CONSIDERATION:
- ERMHS vs. Therapeutic Settings. At the BBS’ October 19, 2018, Policy and Advocacy Committee meeting, the Committee noted that this bill does not limit LEP supervision to ERMHS settings. Because it was unclear whether LEPs have the requisite experience in therapeutic settings, the BBS will discuss during its future meetings whether LEP supervision should be limited to ERMHS settings, and if the limit is applied, how to identify an ERMHS setting. If this bill passes this Committee, the author may wish to work with the BBS to ensure the appropriate settings an LEP may supervise other BBS associates.
- License Portability. At the same BBS Policy and Advocacy meeting, there was a question as to whether allowing LEP supervision would impact the ability of supervisees to seek licensure in other states. Because the LEP license type is relatively uncommon, supervision by an LEP may not count towards licensure in other states. If this bill passes this Committee, the author may wish to work with the BBS to reduce the impact on license portability.
REGISTERED SUPPORT:
California Association of School Psychologists (sponsor)
REGISTERED OPPOSITION:
None on file
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Bill Author
Bill Co-Author(s):