BILL NUMBER: SB 543	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2009
	AMENDED IN ASSEMBLY  JULY 7, 2009
	AMENDED IN ASSEMBLY  JUNE 25, 2009
	AMENDED IN SENATE  JUNE 1, 2009
	AMENDED IN SENATE  MAY 13, 2009

INTRODUCED BY   Senator Leno

                        FEBRUARY 27, 2009

   An act to add Part 3.9 (commencing with Section 5849.10) to
Division 5 of the Welfare and Institutions Code, relating to mental
health.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 543, as amended, Leno. Minors: consent to mental health
treatment.
   Existing law authorizes a minor who is 12 years of age or older to
consent to mental health treatment or counseling, except as
specified, on an outpatient basis, or to residential shelter
services, as specified.
   This bill would, notwithstanding any provision of law, instead,
provide that a minor who is 12 years of age or older may consent to
outpatient mental health services, if, in the opinion of the
professional person, as defined, the minor is mature enough to
participate intelligently in the mental health treatment or
counseling services. The bill would expand the definition of a
professional person to include a licensed clinical social worker, as
specified  , and a board certified or board eligible psychiatrist
 .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Part 3.9 (commencing with Section 5849.10) is added to
Division 5 of the Welfare and Institutions Code, to read:

      PART 3.9.  Mental Health Services for Minors


   5849.10.  (a) As used in this section:
   (1) "Mental health treatment or counseling services" means the
provision of outpatient mental health treatment or counseling by a
professional person, as defined in paragraph (2).
   (2) "Professional person" means any of the following:
   (A) A person designated as a mental health professional in
Sections 622 to 626, inclusive, of Title 9 of the California Code of
Regulations.
   (B) A marriage and family therapist as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
   (C) A licensed educational psychologist as defined in Chapter 13.5
(commencing with Section 4989.10) of Division 2 of the Business and
Professions Code.
   (D) A credentialed school psychologist as described in Section
49424 of the Education Code.
   (E) A clinical psychologist as defined in Section 1316.5 of the
Health and Safety Code.
   (F) A licensed clinical social worker as defined in Chapter 14
(commencing with Section 4991) of Division 2 of the Business and
Professions Code.
   (G) A marriage and family therapist registered intern, as defined
in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, while working under the supervision of
a licensed professional specified in subdivision (f) of Section
4980.40 of the Business and Professions Code as that subdivision read
on January 1, 2003. 
   (H) A board certified, or board eligible, psychiatrist. 
   (b) Notwithstanding any provision of law to the contrary, a minor
who is 12 years of age or older may consent to mental health
treatment or counseling services if, in the opinion of the attending
professional person, the minor is mature enough to participate
intelligently in the mental health treatment or counseling services.
   (c) The mental health treatment or counseling of a minor
authorized by this section shall include involvement of the minor's
parent or guardian, unless the professional person who is treating or
counseling the minor, after consulting with the minor, determines
that the involvement would be inappropriate. The professional person
who is treating or counseling the minor shall state in the client
record whether and when the person attempted to contact the minor's
parent or guardian, and whether the attempt to contact was successful
or unsuccessful, or the reason why, in the professional person's
opinion, it would be inappropriate to contact the minor's parent or
guardian.
   (d) The minor's  parents   parent  or
guardian  are   is  not liable for payment
for mental health treatment or counseling services provided pursuant
to this section unless the parent or guardian participates in the
mental health treatment or counseling, and then only for services
rendered with the participation of the parent or guardian.
   (e) This section does not authorize a minor to receive convulsive
therapy or psychosurgery as defined in subdivisions (f) and (g) of
Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor's parent or guardian.