BILL NUMBER: AB 1852 CHAPTERED 09/28/06 CHAPTER 557 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006 APPROVED BY GOVERNOR SEPTEMBER 28, 2006 PASSED THE ASSEMBLY AUGUST 22, 2006 PASSED THE SENATE AUGUST 21, 2006 AMENDED IN SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN SENATE JUNE 28, 2006 AMENDED IN SENATE JUNE 19, 2006 AMENDED IN ASSEMBLY MAY 3, 2006 AMENDED IN ASSEMBLY APRIL 27, 2006 AMENDED IN ASSEMBLY APRIL 24, 2006 AMENDED IN ASSEMBLY MARCH 1, 2006 INTRODUCED BY Assembly Member Yee (Principal coauthor: Assembly Member Maze) JANUARY 12, 2006 An act to amend Sections 128454 and 128456 of the Health and Safety Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGEST AB 1852, Yee Licensed Mental Health Service Provider Education Program. Existing law requires the Office of Statewide Health Planning and Development to establish a nonprofit public benefit corporation known as the Health Professions Education Foundation to perform various duties with respect to implementing health professions scholarship and loan programs. Existing law establishes the Licensed Mental Health Service Provider Education Program, and requires the foundation to develop the program to provide grants to licensed mental health service providers, as defined, who provide direct patient care in a publicly funded facility or a mental health professional shortage area, as defined. Existing law requires the foundation to solicit the advice of representatives of specified agencies and officials, including, but not limited to, the Board of Behavioral Sciences. This bill would revise the definition of "licensed mental health care service provider" for this purpose to, among other things, additionally include a registered psychologist, postdoctoral psychological assistant, postdoctoral psychology trainee employed in an exempt setting or employed pursuant to a State Department of Mental Health waiver, marriage and family therapist intern, and an associate clinical social worker, and would make a technical, nonsubstantive change. The bill would also specify that "licensed mental health service provider" includes a mental health service provider who is employed at a publicly funded mental health facility or a public or nonprofit private mental health facility that contracts with a county mental health entity or facility to provide mental health services. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 128454 of the Health and Safety Code is amended to read: 128454. (a) There is hereby created the Licensed Mental Health Service Provider Education Program within the Health Professions Education Foundation. (b) For purposes of this article, the following definitions shall apply: (1) "Licensed mental health service provider" means a psychologist licensed by the Board of Psychology, registered psychologist, postdoctoral psychological assistant, postdoctoral psychology trainee employed in an exempt setting pursuant to Section 2910 of the Business and Professions Code, or employed pursuant to a State Department of Mental Health waiver pursuant to Section 5751.2 of the Welfare and Institutions Code, marriage and family therapist, marriage and family therapist intern, licensed clinical social worker, and associate clinical social worker. (2) "Mental health professional shortage area" means an area designated as such by the Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services. (c) Commencing January 1, 2005, any licensed mental health service provider, including a mental health service provider who is employed at a publicly funded mental health facility or a public or nonprofit private mental health facility that contracts with a county mental health entity or facility to provide mental health services, who provides direct patient care in a publicly funded facility or a mental health professional shortage area may apply for grants under the program to reimburse his or her educational loans related to a career as a licensed mental health service provider. (d) The Health Professions Education Foundation shall make recommendations to the director of the office concerning all of the following: (1) A standard contractual agreement to be signed by the director and any licensed mental health service provider who is serving in a publicly funded facility or a mental health professional shortage area that would require the licensed mental health service provider who receives a grant under the program to work in the publicly funded facility or a mental health professional shortage area for at least one year. (2) The maximum allowable total grant amount per individual licensed mental health service provider. (3) The maximum allowable annual grant amount per individual licensed mental health service provider. (e) The Health Professions Education Foundation shall develop the program, which shall comply with all of the following requirements: (1) The total amount of grants under the program per individual licensed mental health service provider shall not exceed the amount of educational loans related to a career as a licensed mental health service provider incurred by that provider. (2) The program shall keep the fees from the different licensed providers separate to ensure that all grants are funded by those fees collected from the corresponding licensed provider groups. (3) A loan forgiveness grant may be provided in installments proportionate to the amount of the service obligation that has been completed. (4) The number of persons who may be considered for the program shall be limited by the funds made available pursuant to Section 128458. SEC. 2. Section 128456 of the Health and Safety Code is amended to read: 128456. In developing the program established pursuant to this article, the Health Professions Education Foundation shall solicit the advice of representatives of the Board of Behavioral Sciences, the Board of Psychology, the State Department of Mental Health, the California Mental Health Directors Association, the California Mental Health Planning Council, professional mental health care organizations, the California Healthcare Association, the Chancellor of the California Community Colleges, and the Chancellor of the California State University. The foundation shall solicit the advice of representatives who reflect the demographic, cultural, and linguistic diversity of the state.