BILL NUMBER: SB 716	CHAPTERED  08/06/01

	CHAPTER  142
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2001
	APPROVED BY GOVERNOR  AUGUST 6, 2001
	PASSED THE SENATE  JULY 20, 2001
	PASSED THE ASSEMBLY  JUNE 18, 2001
	AMENDED IN ASSEMBLY  JUNE 6, 2001

INTRODUCED BY   Senator Machado

                        FEBRUARY 23, 2001

   An act to amend Section 1010 of the Evidence Code, relating to
privileged communications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 716, Machado.  Evidence:  privileged communications.
   Existing law provides that confidential communications between a
psychotherapist and a patient are privileged.  Existing law defines
psychotherapist to mean a person authorized, or reasonably believed
by the patient to be authorized, to practice medicine in any state or
nation who devotes, or is reasonably believed by the patient to
devote, a substantial portion of his or her time to the practice of
psychiatry.  Existing law also defines psychotherapist to include
other professionals, but does not include the patient's reasonable
belief standard in their definition.
   This bill would change the definition of psychotherapist by
applying the patient's reasonable belief standard to all
professionals identified as psychotherapists.
   This bill would also make nonsubstantive, technical changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1010 of the Evidence Code is amended to read:
   1010.  As used in this article, "psychotherapist" means a person
who is, or is reasonably believed by the patient to be:
   (a) A person authorized to practice medicine in any state or
nation who devotes, or is reasonably believed by the patient to
devote, a substantial portion of his or her time to the practice of
psychiatry.
   (b) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
   (c) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, when he or she is engaged in applied
psychotherapy of a nonmedical nature.
   (d) A person who is serving as a school psychologist and holds a
credential authorizing that service issued by the state.
   (e) A person licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (f) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code, or a person registered as a marriage and family
therapist intern who is under the supervision of a licensed marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
   (g) A person registered as an associate clinical social worker who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist, as required
by Section 4996.20 or 4996.21 of the Business and Professions Code.

   (h) A person exempt from the Psychology Licensing Law pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code
who is under the supervision of a licensed psychologist or board
certified psychiatrist.
   (i) A psychological intern as defined in Section 2911 of the
Business and Professions Code who is under the supervision of a
licensed psychologist or board certified psychiatrist.
   (j) A trainee, as defined in subdivision (c) of Section 4980.03 of
the Business and Professions Code, who is fulfilling his or her
supervised practicum required by subdivision (b) of Section 4980.40
of the Business and Professions Code and is supervised by a licensed
psychologist, board certified psychiatrist, a licensed clinical
social worker, or a licensed marriage and family therapist.
   (k) A person licensed as a registered nurse pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, who possesses a master's degree in psychiatric
mental health nursing.
   (l) A person rendering mental health treatment or counseling
services as authorized pursuant to Section 6924 of the Family Code.