BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 543| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 543 Author: Leno (D) Amended: 8/20/10 Vote: 21 SENATE JUDICIARY COMMITTEE : 3-0, 5/5/09 AYES: Corbett, Florez, Leno NO VOTE RECORDED: Harman, Walters SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/28/09 AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza, Yee NOES: Cox, Denham, Walters NO VOTE RECORDED: Runner, Wolk, Wyland SENATE FLOOR : 22-12, 6/3/09 AYES: Alquist, Calderon, Cedillo, Corbett, Correa, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Oropeza, Padilla, Pavley, Romero, Simitian, Steinberg, Wiggins, Wolk, Wright, Yee NOES: Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton, Hollingsworth, Huff, Maldonado, Strickland, Walters, Wyland NO VOTE RECORDED: Benoit, DeSaulnier, Ducheny, Harman, Runner, Vacancy ASSEMBLY FLOOR : 49-28, 8/30/10 - See last page for vote SUBJECT : Minors: consent to mental health services SOURCE : Equality California CONTINUED SB 543 Page 2 GSA Network Mental Health America of Northern California National Association of Social Workers DIGEST : This bill authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling on an outpatient basis or to residential shelter services, if specified conditions are met. Assembly Amendments recast and refine the bill with the same effect as when it left the Senate. ANALYSIS : Existing law: 1. 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 the following two conditions are satisfied: A. The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services. B. The minor presents a danger of serious physical or mental harm to himself/herself/others, without the treatment, counseling, or residential shelter services, or the minor is an alleged victim of incest or child abuse. 2. Requires that a professional person offering residential shelter services make his/her best efforts to notify the parent or guardian of the provision of those services. 3. Provides that the mental health treatment or counseling of a minor must include the involvement of the minor's parent or guardian unless, in the opinion of the professional person who is treating or counseling the minor, the involvement would be inappropriate. SB 543 Page 3 4. Defines "professional person" who may provide mental health treatment or counseling to minors. This bill expands the rights of minors to receive outpatient mental health treatment or counseling services. Specifically, this bill: 1. Defines "professional person" who can provide mental health treatment or counseling services to a minor age 12 or over pursuant to this legislation to include: A designated mental health professional under specified regulations. A marriage and family therapist, as defined. A licensed educational psychologist, as defined. A credentialed school psychologist, as defined. A clinical psychologist, as defined. A licensed clinical social worker, as defined. A marriage and family therapist registered intern, as defined, working under the supervision of a licensed professional, as defined. A board certified, or board eligible, psychiatrist. 2. Notwithstanding any other provision of law, authorizes a minor who is 12 years of age or older to consent to outpatient mental health treatment or counseling, if the minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the mental health treatment or counseling services. 3. Provides that the mental health treatment or counseling authorized by this bill shall include involvement of the minor's parent or guardian, unless the professional person, who is treating the minor, after consulting with the minor, determines that such involvement would be inappropriate. Requires the professional person to SB 543 Page 4 state in the client's record about the contacts with the parent or guardian or why such contact is inappropriate. 4. Provides that the minor's parent or guardian is not liable of payment for the mental health treatment or counseling provided by this bill, unless the parent or guardian participates in the treatment or counseling and then only for such services rendered with that participation. 5. Specifies that this bill does not authorize a minor to receive convulsive therapy or psychosurgery, as defined, or psychotropic drugs without the consent of the minor's parent or guardian. 6. Provides that the expansion of the rights of minors to receive outpatient mental health treatment or counseling services without parental consent permitted by this bill does not apply to the receipt of benefits under the Medi-Cal program. Background In 2004, California voters passed Proposition 63, the Mental Health Services Act (MHSA), which provides increased funding, personnel, and other resources to support county mental health programs and monitor progress toward statewide goals or children, adolescent youth, adults, and families. The MHSA imposed a one percent income tax on personal income in excess of $1 million. Community stakeholders groups consisting of consumers, families, and service organizations have met to identify barriers to consumer populations not only for MHSA programs, but for all mental health services. This bill seeks to address the identified barrier of parental consent for youth seeking mental health services. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/26/10) SB 543 Page 5 National Association of Social Workers (co-source) Mental Health America of Northern California (co-source) Equality California (co-source) GSA Network (co-source) California Association of Marriage and Family Therapists California Communities United Institute California Primary Care Association California Youth Empowerment Network Children's Law Center of Los Angeles Disability Rights California NAMI California San Francisco Family and Child Guidance Clinic State Board of Equalization Chairwoman Betty T. Yee ARGUMENTS IN SUPPORT : According to the author's office, parental consent for mental health services can create a barrier, especially in prevention and early intervention programs where the youth may not be experiencing serious physical or mental harm. The author's office asserts that this barrier is especially harmful to certain populations of youth including lesbian, gay, bisexual, and transgender youth, youth from abusive or neglectful homes, youth from immigrant families, homeless youth, and youth whose cultural backgrounds do not condone mental health services. The author's office states that this bill will help ensure that youth do not have to wait until their mental health deteriorates, and their safety is compromised by suicide, substance abuse, or violence to receive services. ASSEMBLY FLOOR : 49-28, 08/30/10 AYES: Ammiano, Bass, Beall, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani, Gatto, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Solorio, Swanson, Torres, Torrico, Yamada, John A. Perez NOES: Adams, Anderson, Arambula, Bill Berryhill, Tom Berryhill, Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra Strickland, Tran, Villines SB 543 Page 6 NO VOTE RECORDED: Torlakson, Vacancy, Vacancy RJG:mw 8/31/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****