BILL NUMBER: SB 543 CHAPTERED
BILL TEXT
CHAPTER 503
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010
APPROVED BY GOVERNOR SEPTEMBER 29, 2010
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 30, 2010
AMENDED IN ASSEMBLY AUGUST 20, 2010
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 Article 3 (commencing with Section 124260) to
Chapter 4 of Part 2 of Division 106 of the Health and Safety Code,
and to add Section 14029.8 to the Welfare and Institutions Code,
relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
SB 543, Leno. Minors: consent to mental health services.
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, if specified conditions are met.
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.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services and
under which qualified low-income persons receive health care
benefits. The Medi-Cal program is, in part, governed and funded by
federal Medicaid provisions.
This bill would provide that the above mental health services will
not apply to the receipt of benefits under the Medi-Cal program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3 (commencing with Section 124260) is added to
Chapter 4 of Part 2 of Division 106 of the Health and Safety Code, to
read:
Article 3. Mental Health Services for Minors
124260. (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) Notwithstanding any provision of law to the contrary, 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 parent or guardian 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.
SEC. 2. Section 14029.8 is added to the Welfare and Institutions
Code, to read:
14029.8. Section 124260 of the Health and Safety Code shall not
apply to the receipt of benefits under the Medi-Cal program.