BILL NUMBER: SB 146	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 7, 2011
	AMENDED IN SENATE  APRIL 12, 2011
	AMENDED IN SENATE  MARCH 30, 2011
	AMENDED IN SENATE  MARCH 15, 2011

INTRODUCED BY   Senator Wyland

                        FEBRUARY 1, 2011

   An act to amend Sections 25, 27, 29, 32,  680.5,  801,
801.1, 802, 805, 809, 4990.20, and 4999.120 of, and to add Article 7
(commencing with Section 4999.123) to Chapter 16 of Division 2 of,
the Business and Professions Code, to amend Sections 43.7, 43.8,
43.93, and 43.95 of the Civil Code, to amend Section 13401.5 of the
Corporations Code, to amend Section 66085 of the Education Code, to
amend Sections 795, 1010, 1014, and 1157 of the Evidence Code, to
amend Sections 3202, 6924, and 6929 of the Family Code, to amend
Sections 1277, 1348.8, 1367.26, 1373, 1373.8, 1373.95, 123105,
123115, and 124260 of the Health and Safety Code, to amend Sections
10133.55, 10176, 10176.7, 10177, and 10177.8 of the Insurance Code,
to amend Section 11165.7 of the Penal Code, and to amend Sections
4514, 5256.1, 5328, 5328.04, 5696.5, 5751, 5751.2, and 15610.37 of
the Welfare and Institutions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 146, as amended, Wyland. Healing arts: professional clinical
counselors.
   Existing law, the Licensed Professional Clinical Counselor Act,
provides for the licensure and regulation of professional clinical
counselors by the Board of Behavioral Sciences. Existing law also
governs the regulation of clinical counselor trainees and clinical
counselor interns. A violation of the act is punishable as a crime.
   This bill would make changes to various provisions concerning the
practice of professional clinical counselors, clinical counselor
trainees, and clinical counselor interns, including, but not limited
to, provisions relating to education and training and licensure fees.
The bill would authorize the formation of professional clinical
counselor corporations for purposes of rendering professional
services, subject to specified requirements. The bill would make
conforming changes to the Moscone-Knox Professional Corporation Act
and would authorize professional clinical counselors to be
shareholders, officers, directors, or professional employees of other
professional corporations, as specified. The bill would provide that
a violation of these provisions constitutes a violation of the
Licensed Professional Clinical Counselor Act, the violation of which
is punishable as a crime, thereby imposing a state-mandated local
program.
   Existing law imposes specified fees on applicants for licensure as
professional clinical counselors and registration as clinical
counselor interns, including examination fees.
   This bill would impose additional fees on these applicants,
licensees, and registrants for the rescoring of examinations of a
license or for replacement or issuance of a certificate or letter of
good standing.
   Existing law requires certain licensees to complete training in
human sexuality and authorizes the board to adopt education and
training for licensees related to chemical dependency and the
assessment and treatment of AIDS.
   This bill would extend the application of these provisions to
professional clinical counselors. 
   Existing law requires a health care practitioner to communicate to
a patient his or her name, license type, and highest level of
academic degree in writing or in a prominent display in an area
visible to patients in his or her office. Existing law exempts from
these requirements certain health care practitioners.  
   This bill would exempt professional clinical counselors from those
requirements. 
   Existing law requires the board to provide on the Internet
information regarding the status of every license issued by the
board.
   This bill would require the board to disclose information on
licensed professional clinical counselors.
   Existing law requires insurers that provide liability insurance to
certain licensees, and state or local governmental agencies that
self insure those licensees, to report to the board certain
settlement or arbitration awards. Existing law requires certain
licensees to report to the board certain settlements, judgments, or
arbitration awards. The failure of a licensee to report this
information constitutes a crime subject to specified fines.
   This bill would extend the application of these provisions to
professional clinical counselors. By expanding a crime, the bill
would impose a state-mandated local program.
   Existing law establishes a peer review process for certain healing
arts licensees and requires peer review bodies to review licensee
conduct under specified circumstances. The willful failure of a peer
review body to make specified reports is punishable as a crime.
   This bill would apply these provisions to professional clinical
counselors and set forth the criteria for the establishment of a peer
review body, as specified. Because the willful failure of such a
peer review body to make specified reports would be punishable as a
crime, the bill would impose a state-mandated local program.
   Existing law provides that there shall be no monetary liability on
the part of, and no cause of action for damages shall arise against,
certain professional societies or its members for any act performed
within the scope of the functions of that professional society or
peer review or for the operation of a referral service, as specified.

   This bill would extend the application of these provisions to a
professional society consisting of professional clinical counselors
and members of that society.
   Existing law provides a cause of action against a psychotherapist,
as defined, for injury caused by sexual contact with the
psychotherapist.
   This bill would extend the application of that cause of action to
professional clinical counselors and registered clinical counselor
interns or trainees, and their patients.
   Existing law requests that the California State University, the
University of California, and the California Community Colleges
develop standards and guidelines for curriculum in gerontology,
nursing, social work, psychology, marriage and family therapy, and
rehabilitation therapies.
   This bill would add to that requested curriculum professional
clinical counseling.
   Existing law makes admissible in a criminal proceeding the
testimony of a witness who has previously undergone hypnosis for the
purpose of recalling events that are the subject of the witness's
testimony, if specified conditions are met, including that the
hypnosis was performed by a licensed physician and surgeon,
psychologist, licensed clinical social worker, or a licensed marriage
and family therapist experienced in the use of hypnosis.
   This bill would make admissible the testimony from a witness who
has undergone hypnosis by a professional clinical counselor.
   Existing law provides that a patient has a privilege to refuse to
disclose, and to prevent another from disclosing, a confidential
communication between a patient and his or her psychotherapist, as
defined.
   This bill would extend the patient-psychotherapist privilege to
confidential communications made between a patient and his or her
professional clinical counselor, a registered clinical counselor
intern or trainee, or a professional clinical counselor corporation.
The bill would make a technical change to provisions that apply to
associate clinical social workers.
   Existing law provides that the proceedings and records of
organized committees of healing arts professions or of a peer review
body are not subject to discovery, except as specified.
   This bill would provide that the proceedings and records of
committees or peer review bodies of professional clinical counselors
are not subject to discovery, except as specified.
   Existing law authorizes the family law division of the superior
court to contract with eligible providers of supervised visitation
and exchange services, education, and group counseling to provide
services.
   This bill would authorize the family law division to contract with
professional clinical counselors for those services.
   Existing law sets forth the provisions that govern the provision
of mental health treatment or counseling services and residential
shelter services by professional persons, as defined.
   This bill would extend the application of those provisions to
professional clinical counselors and clinical counselor interns.
   Existing law prohibits the licensure requirements of healing arts
personnel in the state and other governmental health facilities
licensed by the state from being any less than those of professional
personnel in health facilities under private ownership, subject to
specified waiver provisions.
   This bill would extend the application of those provisions to
professional clinical counselors who work in those facilities.
   Existing law, the Knox-Keene Health Care Service Act of 1975
(Knox-Keene Act), provides for the licensure and regulation of health
care service plans by the Department of Managed Health Care, and
makes a willful violation of its provisions a crime. Existing law
requires a health care service plan that provides, operates, or
contracts for telephone medical advice services to ensure that the
staff providing those services are properly licensed, as specified.
   This bill would require a health care service plan that provides
telephone medical advice services to ensure that any professional
clinical counselors providing those services are licensed. Because a
willful violation of these provisions would be punishable as a crime,
the bill would impose a state-mandated local program.
   Existing law requires a health care service plan to provide to an
enrollee or prospective enrollee, upon request, a list of contracting
providers within the enrollee's or prospective enrollee's general
geographic area.
   This bill would require a health care service plan to make that
information available with regard to contracting providers who are
professional clinical counselors. Because a willful violation of
these provisions would be punishable as a crime, the bill would
impose a state-mandated local program.
   Under existing law, a health care service plan may not prohibit an
enrollee from selecting certain healing art licensees for mental
health services. Existing law also sets forth provisions that apply
to health care service plan contracts or health insurance policies
that are written or issued for delivery outside of California and
where benefits are provided within the scope of practice of certain
healing arts licensees.
   This bill would add professional clinical counselors to the list
of healing arts licensees in those provisions and would make similar
changes to provisions that apply to insurance carriers. Because a
willful violation of these provisions under the Knox-Keene Act would
be punishable as a crime, the bill would impose a state-mandated
local program.
   Existing law sets forth provisions governing patient records and
the responsibilities and duties of health care providers, as defined,
with regard to those records, and as applied to other healing arts
licensees when practicing at institutions for the developmentally
disabled or mental hospitals.
   This bill would apply the provisions that govern patient records
to professional clinical counselors and clinical counselor interns.
   Existing law requires a person who provides mental health services
in local mental health facilities to be licensed. Existing law
allows that licensure requirement to be waived in local facilities
for psychologists, clinical social workers, and marriage and family
therapists who are gaining the experience required for licensure.
   This bill would apply those waiver provisions to the profession of
clinical counseling.
   Under the Child Abuse Neglect and Reporting Act, certain persons
are mandated reporters, as defined. Failure of a mandated reporter to
report an incident of known or reasonably suspected child abuse or
neglect is a misdemeanor.
   This bill would make professional clinical counselors, clinical
counselor interns, and clinical counselor trainees mandated
reporters. By expanding a crime, the bill would impose a
state-mandated local program.
   Existing law generally regulates the provision of community mental
health services for the mentally disordered in every county.
Existing law authorizes the establishment of regional, secure
facilities, which are designed for the commitment and ongoing
treatment of seriously emotionally disturbed minors who have been
adjudged wards of the juvenile court. Among other things, existing
law sets forth staffing requirements for the opening of one of these
regional facilities, including requiring that the staff include a
pediatrician, dentist, and marriage and family therapist, on an
as-needed basis.
   This bill would revise the staffing requirements for a regional
facility to include a marriage and family therapist or professional
clinical counselor, or both, on an as-needed basis. The bill would
also authorize the position of director of local mental health
services to be a professional clinical counselor and would make other
conforming changes to the certification review provisions.
   This bill would make other conforming changes and enact related
provisions.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 25 of the Business and Professions Code is
amended to read:
   25.  Any person applying for a license, registration, or the first
renewal of a license, after the effective date of this section, as a
licensed marriage and family therapist, a licensed clinical social
worker, a licensed psychologist, or a licensed professional clinical
counselor shall, in addition to any other requirements, show by
evidence satisfactory to the agency regulating the business or
profession, that he or she has completed training in human sexuality
as a condition of licensure. The training shall be creditable toward
continuing education requirements as deemed appropriate by the agency
regulating the business or profession, and the course shall not
exceed more than 50 contact hours.
   The Board of Psychology shall exempt from the requirements of this
section any persons whose field of practice is such that they are
not likely to have use for this training.
   "Human sexuality" as used in this section means the study of a
human being as a sexual being and how he or she functions with
respect thereto.
   The content and length of the training shall be determined by the
administrative agency regulating the business or profession and the
agency shall proceed immediately upon the effective date of this
section to determine what training, and the quality of staff to
provide the training, is available and shall report its determination
to the Legislature on or before July 1, 1977.
   If a licensing board or agency proposes to establish a training
program in human sexuality, the board or agency shall first consult
with other licensing boards or agencies that have established or
propose to establish a training program in human sexuality to ensure
that the programs are compatible in scope and content.
  SEC. 2.  Section 27 of the Business and Professions Code is amended
to read:
   27.  (a) Each entity specified in subdivision (b) shall provide on
the Internet information regarding the status of every license
issued by that entity in accordance with the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code) and the Information Practices Act
of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code). The public information to be
provided on the Internet shall include information on suspensions
and revocations of licenses issued by the entity and other related
enforcement action taken by the entity relative to persons,
businesses, or facilities subject to licensure or regulation by the
entity. In providing information on the Internet, each entity shall
comply with the Department of Consumer Affairs Guidelines for Access
to Public Records. The information may not include personal
information, including home telephone number, date of birth, or
social security number. Each entity shall disclose a licensee's
address of record. However, each entity shall allow a licensee to
provide a post office box number or other alternate address, instead
of his or her home address, as the address of record. This section
shall not preclude an entity from also requiring a licensee, who has
provided a post office box number or other alternative mailing
address as his or her address of record, to provide a physical
business address or residence address only for the entity's internal
administrative use and not for disclosure as the licensee's address
of record or disclosure on the Internet.
   (b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
   (1) The Acupuncture Board shall disclose information on its
licensees.
   (2) The Board of Behavioral Sciences shall disclose information on
its licensees, including marriage and family therapists, licensed
clinical social workers, licensed educational psychologists, and
licensed professional clinical counselors.
   (3) The Dental Board of California shall disclose information on
its licensees.
   (4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.
   (5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
   (6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.

   (7) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
   (8) The Bureau of Electronic and Appliance Repair shall disclose
information on its licensees, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.
   (9) The Cemetery and Funeral Bureau shall disclose information on
its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.
   (10) The Professional Fiduciaries Bureau shall disclose
information on its licensees.
   (11) The Contractors' State License Board shall disclose
information on its licensees in accordance with Chapter 9 (commencing
with Section 7000) of Division 3. In addition to information related
to licenses as specified in subdivision (a), the board shall also
disclose information provided to the board by the Labor Commissioner
pursuant to Section 98.9 of the Labor Code.
   (12) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
   (13) The Bureau for Private Postsecondary Education shall disclose
information on private postsecondary institutions under its
jurisdiction, including disclosure of notices to comply issued
pursuant to Section 94935 of the Education Code.
   (c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538.
  SEC. 3.  Section 29 of the Business and Professions Code is amended
to read:
   29.  (a) The Board of Psychology and the Board of Behavioral
Sciences shall consider adoption of continuing education requirements
including training in the area of recognizing chemical dependency
and early intervention for all persons applying for renewal of a
license as a psychologist, clinical social worker, marriage and
family therapist, or professional clinical counselor.
   (b) Prior to the adoption of any regulations imposing continuing
education relating to alcohol and other chemical dependency, the
boards are urged to consider coursework to include, but not
necessarily be limited to, the following topics:
   (1) Historical and contemporary perspectives on alcohol and other
drug abuse.
   (2) Extent of the alcohol and drug abuse epidemic and its effects
on the individual, family, and community.
   (3) Recognizing the symptoms of alcoholism and drug addiction.
   (4) Making appropriate interpretations, interventions, and
referrals.
   (5) Recognizing and intervening with affected family members.
   (6) Learning about current programs of recovery, such as 12 step
programs, and how therapists can effectively utilize these programs.
  SEC. 4.  Section 32 of the Business and Professions Code is amended
to read:
   32.  (a) The Legislature finds that there is a need to ensure that
professionals of the healing arts who have or intend to have
significant contact with patients who have, or are at risk to be
exposed to, acquired immune deficiency syndrome (AIDS) are provided
with training in the form of continuing education regarding the
characteristics and methods of assessment and treatment of the
condition.
   (b) A board vested with the responsibility of regulating the
following licensees shall consider including training regarding the
characteristics and method of assessment and treatment of acquired
immune deficiency syndrome (AIDS) in any continuing education or
training requirements for those licensees: chiropractors, medical
laboratory technicians, dentists, dental hygienists, dental
assistants, physicians and surgeons, podiatrists, registered nurses,
licensed vocational nurses, psychologists, physician assistants,
respiratory therapists, acupuncturists, marriage and family
therapists, licensed educational psychologists, clinical social
workers, and professional clinical counselors.
   SEC. 5.    Section 680.5 of the   Business
and Professions Code   is amended to read: 
   680.5.  (a) (1) A health care practitioner licensed under Division
2 (commencing with Section 500) shall communicate to a patient his
or her name, state-granted practitioner license type, and highest
level of academic degree, by one or both of the following methods:
   (A) In writing at the patient's initial office visit.
   (B) In a prominent display in an area visible to patients in his
or her office.
   (2) An individual licensed under Chapter 6 (commencing with
Section 2700) or Chapter 9 (commencing with Section 4000) is not
required to disclose the highest level of academic degree he or she
holds.
   (b) A person licensed under Chapter 5 (commencing with Section
2000) or under the Osteopathic Act, who is certified by (1) an
American Board of Medical Specialties member board, (2) a board or
association with requirements equivalent to a board described in
paragraph (1) approved by that person's medical licensing authority,
or (3) a board or association with an Accreditation Council for
Graduate Medical Education approved postgraduate training program
that provides complete training in the person's specialty or
subspecialty, shall disclose the name of the board or association by
either method described in subdivision (a).
   (c) A health care practitioner who chooses to disclose the
information required by subdivisions (a) and (b) pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) shall present
that information in at least 24-point type in the following format:
    HEALTH CARE PRACTITIONER INFORMATION
1. Name and license........................... .
2. Highest level of academic degree........... .
3. Board certification (ABMS/MBC)............. .


   (d) This section shall not apply to the following health care
practitioners:
   (1) A person who provides professional medical services to
enrollees of a health care service plan that exclusively contracts
with a single medical group in a specific geographic area to provide
or arrange for professional medical services for the enrollees of the
plan.
   (2) A person who works in a facility licensed under Section 1250
of the Health and Safety Code or in a clinical laboratory licensed
under Section 1265.
   (3) A person licensed under Chapter 3 (commencing with Section
1200), Chapter 7.5 (commencing with Section 3300), Chapter 8.3
(commencing with Section 3700), Chapter 11 (commencing with Section
4800), Chapter 13 (commencing with Section 4980),  or
 Chapter 14 (commencing with Section 4990.1)  , or
Chapter 16 (commencing with Section 4999.10)  .
   (e) A health care practitioner, who provides information regarding
health care services on an Internet Web site that is directly
controlled or administered by that health care practitioner or his or
her office personnel, shall prominently display on that Internet Web
site the information required by this section.
   SEC. 5.   SEC. 6.   Section 801 of the
Business and Professions Code is amended to read:
   801.  (a) Except as provided in Section 801.01 and subdivisions
(b), (c), and (d) of this section, every insurer providing
professional liability insurance to a person who holds a license,
certificate, or similar authority from or under any agency specified
in subdivision (a) of Section 800 shall send a complete report to
that agency as to any settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by that person's negligence, error, or
omission in practice, or by his or her rendering of unauthorized
professional services. The report shall be sent within 30 days after
the written settlement agreement has been reduced to writing and
signed by all parties thereto or within 30 days after service of the
arbitration award on the parties.
   (b) Every insurer providing professional liability insurance to a
person licensed pursuant to Chapter 13 (commencing with Section
4980), Chapter 14 (commencing with Section 4990), or Chapter 16
(commencing with Section 4999.10) shall send a complete report to the
Board of Behavioral Sciences as to any settlement or arbitration
award over ten thousand dollars ($10,000) of a claim or action for
damages for death or personal injury caused by that person's
negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
   (c) Every insurer providing professional liability insurance to a
dentist licensed pursuant to Chapter 4 (commencing with Section 1600)
shall send a complete report to the Dental Board of California as to
any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement
agreement has been reduced to writing and signed by all parties
thereto or within 30 days after service of the arbitration award on
the parties.
   (d) Every insurer providing liability insurance to a veterinarian
licensed pursuant to Chapter 11 (commencing with Section 4800) shall
send a complete report to the Veterinary Medical Board of any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or injury caused by that
person's negligence, error, or omission in practice, or rendering of
unauthorized professional service. The report shall be sent within 30
days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
   (e) The insurer shall notify the claimant, or if the claimant is
represented by counsel, the insurer shall notify the claimant's
attorney, that the report required by subdivision (a), (b), or (c)
has been sent to the agency. If the attorney has not received this
notice within 45 days after the settlement was reduced to writing and
signed by all of the parties, the arbitration award was served on
the parties, or the date of entry of the civil judgment, the attorney
shall make the report to the agency.
   (f) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer. This
section shall only apply to a settlement on a policy of insurance
executed or renewed on or after January 1, 1971.
   SEC. 6.   SEC. 7.   Section 801.1 of the
Business and Professions Code is amended to read:
   801.1.  (a) Every state or local governmental agency that
self-insures a person who holds a license, certificate, or similar
authority from or under any agency specified in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200) or Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act) shall send a complete report
to that agency as to any settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by that person's negligence, error, or
omission in practice, or rendering of unauthorized professional
services. The report shall be sent within 30 days after the written
settlement agreement has been reduced to writing and signed by all
parties thereto or within 30 days after service of the arbitration
award on the parties.
   (b) Every state or local governmental agency that self-insures a
person licensed pursuant to Chapter 13 (commencing with Section
4980), Chapter 14 (commencing with Section 4990), or Chapter 16
(commencing with Section 4999.10) shall send a complete report to the
Board of Behavioral Science Examiners as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or
action for damages for death or personal injury caused by that person'
s negligence, error, or omission in practice, or rendering of
unauthorized professional services. The report shall be sent within
30 days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
   SEC. 7.   SEC. 8.   Section 802 of the
Business and Professions Code is amended to read:
   802.  (a) Every settlement, judgment, or arbitration award over
three thousand dollars ($3,000) of a claim or action for damages for
death or personal injury caused by negligence, error or omission in
practice, or by the unauthorized rendering of professional services,
by a person who holds a license, certificate, or other similar
authority from an agency specified in subdivision (a) of Section 800
(except a person licensed pursuant to Chapter 3 (commencing with
Section 1200) or Chapter 5 (commencing with Section 2000) or the
Osteopathic Initiative Act) who does not possess professional
liability insurance as to that claim shall, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties, be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if the person is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if the
claimant is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make the complete report. Failure of the licensee
or claimant (or, if represented by counsel, their counsel) to comply
with this section is a public offense punishable by a fine of not
less than fifty dollars ($50) or more than five hundred dollars
($500). Knowing and intentional failure to comply with this section
or conspiracy or collusion not to comply with this section, or to
hinder or impede any other person in the compliance, is a public
offense punishable by a fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000).
   (b) Every settlement, judgment, or arbitration award over ten
thousand dollars ($10,000) of a claim or action for damages for death
or personal injury caused by negligence, error or omission in
practice, or by the unauthorized rendering of professional services,
by a marriage and family therapist, a clinical social worker, or a
professional clinical counselor licensed pursuant to Chapter 13
(commencing with Section 4980), Chapter 14 (commencing with Section
4990), or Chapter 16 (commencing with Section 4999.10), respectively,
who does not possess professional liability insurance as to that
claim shall within 30 days after the written settlement agreement has
been reduced to writing and signed by all the parties thereto or 30
days after service of the judgment or arbitration award on the
parties be reported to the agency that issued the license,
certificate, or similar authority. A complete report shall be made by
appropriate means by the person or his or her counsel, with a copy
of the communication to be sent to the claimant through his or her
counsel if he or she is so represented, or directly if he or she is
not. If, within 45 days of the conclusion of the written settlement
agreement or service of the judgment or arbitration award on the
parties, counsel for the claimant (or if he or she is not represented
by counsel, the claimant himself or herself) has not received a copy
of the report, he or she shall himself or herself make a complete
report. Failure of the marriage and family therapist, clinical social
worker, or professional clinical counselor or claimant (or, if
represented by counsel, his or her counsel) to comply with this
section is a public offense punishable by a fine of not less than
fifty dollars ($50) nor more than five hundred dollars ($500).
Knowing and intentional failure to comply with this section, or
conspiracy or collusion not to comply with this section or to hinder
or impede any other person in that compliance, is a public offense
punishable by a fine of not less than five thousand dollars ($5,000)
nor more than fifty thousand dollars ($50,000).
   SEC. 8.   SEC. 9.   Section 805 of the
Business and Professions Code is amended to read:
   805.  (a) As used in this section, the following terms have the
following definitions:
   (1) (A) "Peer review" means both of the following:
   (i) A process in which a peer review body reviews the basic
qualifications, staff privileges, employment, medical outcomes, or
professional conduct of licentiates to make recommendations for
quality improvement and education, if necessary, in order to do
either or both of the following:
   (I) Determine whether a licentiate may practice or continue to
practice in a health care facility, clinic, or other setting
providing medical services, and, if so, to determine the parameters
of that practice.
   (II) Assess and improve the quality of care rendered in a health
care facility, clinic, or other setting providing medical services.
   (ii) Any other activities of a peer review body as specified in
subparagraph (B).
   (B) "Peer review body" includes:
   (i) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
   (ii) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
   (iii) Any medical, psychological, marriage and family therapy,
social work, professional clinical counselor, dental, or podiatric
professional society having as members at least 25 percent of the
eligible licentiates in the area in which it functions (which must
include at least one county), which is not organized for profit and
which has been determined to be exempt from taxes pursuant to Section
23701 of the Revenue and Taxation Code.
   (iv) A committee organized by any entity consisting of or
employing more than 25 licentiates of the same class that functions
for the purpose of reviewing the quality of professional care
provided by members or employees of that entity.
   (2) "Licentiate" means a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and family
therapist, clinical social worker, professional clinical counselor,
or dentist. "Licentiate" also includes a person authorized to
practice medicine pursuant to Section 2113 or 2168.
   (3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).

   (4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
   (5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
   (6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
   (7) "805 report" means the written report required under
subdivision (b).
   (b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date on
which any of the following occur as a result of an action of a peer
review body:
   (1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
   (2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
   (3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
   (c) If a licentiate takes any action listed in paragraph (1), (2),
or (3) after receiving notice of a pending investigation initiated
for a medical disciplinary cause or reason or after receiving notice
that his or her application for membership or staff privileges is
denied or will be                                             denied
for a medical disciplinary cause or reason, the chief of staff of a
medical or professional staff or other chief executive officer,
medical director, or administrator of any peer review body and the
chief executive officer or administrator of any licensed health care
facility or clinic where the licentiate is employed or has staff
privileges or membership or where the licentiate applied for staff
privileges or membership, or sought the renewal thereof, shall file
an 805 report with the relevant agency within 15 days after the
licentiate takes the action.
   (1) Resigns or takes a leave of absence from membership, staff
privileges, or employment.
   (2) Withdraws or abandons his or her application for staff
privileges or membership.
   (3) Withdraws or abandons his or her request for renewal of staff
privileges or membership.
   (d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
   (e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
   (f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information, electronically or otherwise, pursuant to Section 800,
shall be sent by the peer review body to the licentiate named in the
report. The notice shall also advise the licentiate that information
submitted electronically will be publicly disclosed to those who
request the information.
   The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
   A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
   If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
   (g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
   (h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
   (i) An 805 report shall be maintained electronically by an agency
for dissemination purposes for a period of three years after receipt.

   (j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
   (k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
   (l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
   (m) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
   SEC. 9.   SEC. 10.   Section 809 of the
Business and Professions Code is amended to read:
   809.  (a) The Legislature hereby finds and declares the following:

   (1) In 1986, Congress enacted the federal Health Care Quality
Improvement Act of 1986 (42 U.S.C. Sec. 11101 et seq.), to encourage
physicians and surgeons to engage in effective professional peer
review, but giving each state the opportunity to "opt-out" of some of
the provisions of the federal act.
   (2) Because of deficiencies in the federal act and the possible
adverse interpretations by the courts of the federal act, it is
preferable for California to "opt-out" of the federal act and design
its own peer review system.
   (3) Peer review, fairly conducted, is essential to preserving the
highest standards of medical practice.
   (4) Peer review that is not conducted fairly results in harm to
both patients and healing arts practitioners by limiting access to
care.
   (5) Peer review, fairly conducted, will aid the appropriate state
licensing boards in their responsibility to regulate and discipline
errant healing arts practitioners.
   (6) To protect the health and welfare of the people of California,
it is the policy of the State of California to exclude, through the
peer review mechanism as provided for by California law, those
healing arts practitioners who provide substandard care or who engage
in professional misconduct, regardless of the effect of that
exclusion on competition.
   (7) It is the intent of the Legislature that peer review of
professional health care services be done efficiently, on an ongoing
basis, and with an emphasis on early detection of potential quality
problems and resolutions through informal educational interventions.
   (8) Sections 809 to 809.8, inclusive, shall not affect the
respective responsibilities of the organized medical staff or the
governing body of an acute care hospital with respect to peer review
in the acute care hospital setting. It is the intent of the
Legislature that written provisions implementing Sections 809 to
809.8, inclusive, in the acute care hospital setting shall be
included in medical staff bylaws that shall be adopted by a vote of
the members of the organized medical staff and shall be subject to
governing body approval, which approval shall not be withheld
unreasonably.
   (9) (A) The Legislature thus finds and declares that the laws of
this state pertaining to the peer review of healing arts
practitioners shall apply in lieu of Section 11101 and following of
Title 42 of the United States Code, because the laws of this state
provide a more careful articulation of the protections for both those
undertaking peer review activity and those subject to review, and
better integrate public and private systems of peer review.
Therefore, California exercises its right to opt out of specified
provisions of the federal Health Care Quality Improvement Act
relating to professional review actions, pursuant to Section 11111(c)
(2)(B) of Title 42 of the United States Code. This election shall not
affect the availability of any immunity under California law.
   (B) The Legislature further declares that it is not the intent or
purpose of Sections 809 to 809.8, inclusive, to opt out of any
mandatory national data bank established pursuant to Section 11131
and following of Title 42 of the United States Code.
   (b) For the purpose of this section and Sections 809.1 to 809.8,
inclusive, "healing arts practitioner" or "licentiate" means a
physician and surgeon, podiatrist, clinical psychologist, marriage
and family therapist, clinical social worker, professional clinical
counselor, or dentist; and "peer review body" means a peer review
body as specified in paragraph (1) of subdivision (a) of Section 805,
and includes any designee of the peer review body.
   SEC. 10.   SEC. 11.   Section 4990.20 of
the Business and Professions Code is amended to read:
   4990.20.  (a) The board may adopt rules and regulations as
necessary to administer and enforce the provisions of this chapter
and the other chapters it administers and enforces. The adoption,
amendment, or repeal of those rules and regulations shall be made in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (b) The board may formulate and enforce rules and regulations
requiring the following:
   (1) That the articles of incorporation or bylaws of a marriage and
family therapist corporation, a licensed clinical social worker
corporation, or a professional clinical counselor corporation include
a provision whereby the capital stock of that corporation owned by a
disqualified person, as defined in the Moscone-Knox Professional
Corporation Act (Part 4 (commencing with Section 13400) of Division 3
of Title 1 of the Corporations Code), or a deceased person shall be
sold to the corporation or to the remaining shareholders of that
corporation within the time that the rules and regulations may
provide.
   (2) That a marriage and family therapist corporation, a licensed
clinical social worker corporation, or a professional clinical
counselor corporation shall provide adequate security by insurance or
otherwise for claims against it by its patients arising out of the
rendering of professional services.
   SEC. 11.   SEC. 12.   Section 4999.120
of the Business and Professions Code is amended to read:
   4999.120.  The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter. Fees assessed pursuant to this section shall
not exceed the following:
   (a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
   (b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
   (c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
   (d) The fee for the jurisprudence and ethics examination required
by Section 4999.54 shall be up to one hundred fifty dollars ($150).
   (e) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
   (f) The fee for the written examination shall be up to two hundred
fifty dollars ($250).
   (g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
   (h) The fee for annual renewal of licenses issued pursuant to
Section 4999.54 shall be up to one hundred fifty dollars ($150).
   (i) The fee for annual renewal of an intern registration shall be
up to one hundred fifty dollars ($150).
   (j) The fee for two-year renewal of licenses shall be up to two
hundred fifty dollars ($250).
   (k) The fee for issuance of a retired license shall be forty
dollars ($40).
   (l) The fee for rescoring an examination shall be twenty dollars
($20).
   (m) The fee for issuance of a replacement license or registration
shall be twenty dollars ($20).
   (n) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   SEC. 12.   SEC. 13.   Article 7
(commencing with Section 4999.123) is added to Chapter 16 of Division
2 of the Business and Professions Code, to read:

      Article 7.  Professional Clinical Counselor Corporations


   4999.123.  A professional clinical counselor corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
who are rendering professional services and who are licensed
professional clinical counselors, marriage and family therapists,
physicians and surgeons, psychologists, licensed clinical social
workers, registered nurses, chiropractors, or acupuncturists, are in
compliance with the Moscone-Knox Professional Corporation Act (Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code), this article, and any other statute or regulation
pertaining to that corporation and the conduct of its affairs. With
respect to a professional clinical counselor corporation, the term
"governmental agency" in the Moscone-Knox Professional Corporation
Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1
of the Corporations Code) shall be construed to mean the Board of
Behavioral Sciences.
   4999.124.  It shall constitute unprofessional conduct and a
violation of this chapter for any person licensed under this chapter
to violate, attempt to violate, directly or indirectly, or assist in,
or abet the violation of, or conspire to violate, any provision or
term of this article, the Moscone-Knox Professional Corporation Act
(Part 4 (commencing with Section 13400) of Division 3 of Title 1 of
the Corporations Code), or any regulation adopted under those laws.
   4999.125.  The name of a professional clinical counselor
corporation and any name or names under which it may be rendering
professional services shall contain the words "licensed professional
clinical counselor" or "professional clinical counselor" and wording
or abbreviations denoting a corporate existence. A professional
clinical counselor corporation that conducts business under a
fictitious business name shall not use any name that is false,
misleading, or deceptive, and shall inform each patient, prior to
commencement of treatment, that the business is conducted by a
professional clinical counselor corporation.
   4999.126.  Except as provided in Section 13403 of the Corporations
Code, each director, shareholder, and officer of a professional
clinical counselor corporation shall be a licensed person, as defined
in Section 13401 of the Corporations Code.
   4999.127.  The income of a professional clinical counselor
corporation attributable to professional services rendered while a
shareholder is a disqualified person, as defined in Section 13401 of
the Corporations Code, shall not in any manner accrue to the benefit
of that shareholder or his or her shares in the professional clinical
counselor corporation.
   4999.128.  A professional clinical counselor corporation shall not
perform or fail to perform any act the performance of which, or for
which the failure to perform, would constitute unprofessional conduct
under any statute, rule, or regulation. In the conduct of its
practice, a professional clinical counselor corporation shall observe
and be bound by any statute, rule, or regulation that applies to a
licensed professional clinical counselor.
   4999.129.  The board may formulate and enforce any rule or
regulation to carry out the purposes and objectives of this article,
including as follows:
   (a) Any rule or regulation that requires that the articles of
incorporation or bylaws of a professional clinical counselor
corporation shall include a provision that requires the capital stock
of the corporation owned by a disqualified person, as defined in
Section 13401 of the Corporations Code, or a deceased person to be
sold to the corporation or to the remaining shareholders of the
corporation within the timeframe that the rule or regulation
requires.
   (b) Any rule or regulation that requires that a professional
clinical counselor corporation shall provide adequate security by
insurance or otherwise for claims against the corporation by its
patients arising out of the rendering of professional services.
   SEC. 13.   SEC. 14.   Section 43.7 of
the Civil Code is amended to read:
   43.7.  (a) There shall be no monetary liability on the part of,
and no cause of action for damages shall arise against, any member of
a duly appointed mental health professional quality assurance
committee that is established in compliance with Section 4070 of the
Welfare and Institutions Code, for any act or proceeding undertaken
or performed within the scope of the functions of the committee which
is formed to review and evaluate the adequacy, appropriateness, or
effectiveness of the care and treatment planned for, or provided to,
mental health patients in order to improve quality of care by mental
health professionals if the committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain facts.
   (b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any professional
society, any member of a duly appointed committee of a medical
specialty society, or any member of a duly appointed committee of a
state or local professional society, or duly appointed member of a
committee of a professional staff of a licensed hospital (provided
the professional staff operates pursuant to written bylaws that have
been approved by the governing board of the hospital), for any act or
proceeding undertaken or performed within the scope of the functions
of the committee which is formed to maintain the professional
standards of the society established by its bylaws, or any member of
any peer review committee whose purpose is to review the quality of
medical, dental, dietetic, chiropractic, optometric, acupuncture,
psychotherapy, or veterinary services rendered by physicians and
surgeons, dentists, dental hygienists, podiatrists, registered
dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, marriage and family therapists, professional clinical
counselors, or psychologists, which committee is composed chiefly of
physicians and surgeons, dentists, dental hygienists, podiatrists,
registered dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, marriage and family therapists, professional clinical
counselors, or psychologists for any act or proceeding undertaken or
performed in reviewing the quality of medical, dental, dietetic,
chiropractic, optometric, acupuncture, psychotherapy, or veterinary
services rendered by physicians and surgeons, dentists, dental
hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, professional clinical counselors, or psychologists or any
member of the governing board of a hospital in reviewing the quality
of medical services rendered by members of the staff if the
professional society, committee, or board member acts without malice,
has made a reasonable effort to obtain the facts of the matter as to
which he, she, or it acts, and acts in reasonable belief that the
action taken by him, her, or it is warranted by the facts known to
him, her, or it after the reasonable effort to obtain facts.
"Professional society" includes legal, medical, psychological,
dental, dental hygiene, dietetic, accounting, optometric,
acupuncture, podiatric, pharmaceutic, chiropractic, physical
therapist, veterinary, licensed marriage and family therapy, licensed
clinical social work, licensed professional clinical counselor, and
engineering organizations having as members at least 25 percent of
the eligible persons or licentiates in the geographic area served by
the particular society. However, if the society has fewer than 100
members, it shall have as members at least a majority of the eligible
persons or licentiates in the geographic area served by the
particular society.
   "Medical specialty society" means an organization having as
members at least 25 percent of the eligible physicians and surgeons
within a given professionally recognized medical specialty in the
geographic area served by the particular society.
   (c) This section does not affect the official immunity of an
officer or employee of a public corporation.
   (d) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any physician and
surgeon, podiatrist, or chiropractor who is a member of an
underwriting committee of an interindemnity or reciprocal or
interinsurance exchange or mutual company for any act or proceeding
undertaken or performed in evaluating physicians and surgeons,
podiatrists, or chiropractors for the writing of professional
liability insurance, or any act or proceeding undertaken or performed
in evaluating physicians and surgeons for the writing of an
interindemnity, reciprocal, or interinsurance contract as specified
in Section 1280.7 of the Insurance Code, if the evaluating physician
and surgeon, podiatrist, or chiropractor acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain the facts.
   (e) This section shall not be construed to confer immunity from
liability on any quality assurance committee established in
compliance with Section 4070 of the Welfare and Institutions Code or
hospital. In any case in which, but for the enactment of the
preceding provisions of this section, a cause of action would arise
against a quality assurance committee established in compliance with
Section 4070 of the Welfare and Institutions Code or hospital, the
cause of action shall exist as if the preceding provisions of this
section had not been enacted.
   SEC. 14.   SEC. 15.   Section 43.8 of
the Civil Code is amended to read:
   43.8.  (a) In addition to the privilege afforded by Section 47,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any person on account of the
communication of information in the possession of that person to any
hospital, hospital medical staff, veterinary hospital staff,
professional society, medical, dental, podiatric, psychology,
marriage and family therapy, professional clinical counselor, or
veterinary school, professional licensing board or division,
committee or panel of a licensing board, the Senior Assistant
Attorney General of the Health Quality Enforcement Section appointed
under Section 12529 of the Government Code, peer review committee,
quality assurance committees established in compliance with Sections
4070 and 5624 of the Welfare and Institutions Code, or underwriting
committee described in Section 43.7 when the communication is
intended to aid in the evaluation of the qualifications, fitness,
character, or insurability of a practitioner of the healing or
veterinary arts.
   (b) The immunities afforded by this section and by Section 43.7
shall not affect the availability of any absolute privilege that may
be afforded by Section 47.
   (c) Nothing in this section is intended in any way to affect the
California Supreme Court's decision in Hassan v. Mercy American River
Hospital (2003) 31 Cal.4th 709, holding that subdivision (a)
provides a qualified privilege.
   SEC. 15.   SEC. 16.   Section 43.93 of
the Civil Code is amended to read:
   43.93.  (a) For the purposes of this section the following
definitions are applicable:
   (1) "Psychotherapy" means the professional treatment, assessment,
or counseling of a mental or emotional illness, symptom, or
condition.
   (2) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry, a psychologist, a psychological
assistant, a marriage and family therapist, a registered marriage and
family therapist intern or trainee, an educational psychologist, an
associate clinical social worker, a licensed clinical social worker,
a professional clinical counselor, or a registered clinical counselor
intern or trainee.

    (3) "Sexual contact" means the touching of an intimate part of
another person. "Intimate part" and "touching" have the same meanings
as defined in subdivisions (f) and (d), respectively, of Section
243.4 of the Penal Code. For the purposes of this section, sexual
contact includes sexual intercourse, sodomy, and oral copulation.
   (4) "Therapeutic relationship" exists during the time the patient
or client is rendered professional service by the psychotherapist.
   (5) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the patient's or former patient's
treatment.
   (b) A cause of action against a psychotherapist for sexual contact
exists for a patient or former patient for injury caused by sexual
contact with the psychotherapist, if the sexual contact occurred
under any of the following conditions:
   (1) During the period the patient was receiving psychotherapy from
the psychotherapist.
   (2) Within two years following termination of therapy.
   (3) By means of therapeutic deception.
   (c) The patient or former patient may recover damages from a
psychotherapist who is found liable for sexual contact. It is not a
defense to the action that sexual contact with a patient occurred
outside a therapy or treatment session or that it occurred off the
premises regularly used by the psychotherapist for therapy or
treatment sessions. No cause of action shall exist between spouses
within a marriage.
   (d) In an action for sexual contact, evidence of the plaintiff's
sexual history is not subject to discovery and is not admissible as
evidence except in either of the following situations:
   (1) The plaintiff claims damage to sexual functioning.
   (2) The defendant requests a hearing prior to conducting discovery
and makes an offer of proof of the relevancy of the history, and the
court finds that the history is relevant and the probative value of
the history outweighs its prejudicial effect.
   The court shall allow the discovery or introduction as evidence
only of specific information or examples of the plaintiff's conduct
that are determined by the court to be relevant. The court's order
shall detail the information or conduct that is subject to discovery.

   SEC. 16.   SEC. 17.   Section 43.95 of
the Civil Code is amended to read:
   43.95.  (a) There shall be no monetary liability on the part of,
and no cause of action for damages shall arise against, any
professional society or any nonprofit corporation authorized by a
professional society to operate a referral service, or their agents,
employees, or members, for referring any member of the public to any
professional member of the society or service, or for acts of
negligence or conduct constituting unprofessional conduct committed
by a professional to whom a member of the public was referred, so
long as any of the foregoing persons or entities has acted without
malice, and the referral was made at no cost added to the initial
referral fee as part of a public service referral system organized
under the auspices of the professional society. Further, there shall
be no monetary liability on the part of, and no cause of action for
damages shall arise against, any professional society for providing a
telephone information library available for use by the general
public without charge, nor against any nonprofit corporation
authorized by a professional society for providing a telephone
information library available for use by the general public without
charge. "Professional society" includes legal, psychological,
architectural, medical, dental, dietetic, accounting, optometric,
podiatric, pharmaceutic, chiropractic, veterinary, licensed marriage
and family therapy, licensed clinical social work, professional
clinical counselor, and engineering organizations having as members
at least 25 percent of the eligible persons or licentiates in the
geographic area served by the particular society. However, if the
society has less than 100 members, it shall have as members at least
a majority of the eligible persons or licentiates in the geographic
area served by the particular society. "Professional society" also
includes organizations with referral services that have been
authorized by the State Bar of California and operated in accordance
with its Minimum Standards for a Lawyer Referral Service in
California, and organizations that have been established to provide
free assistance or representation to needy patients or clients.
   (b) This section shall not apply whenever the professional
society, while making a referral to a professional member of the
society, fails to disclose the nature of any disciplinary action of
which it has actual knowledge taken by a state licensing agency
against that professional member. However, there shall be no duty to
disclose a disciplinary action in either of the following cases:
   (1) Where a disciplinary proceeding results in no disciplinary
action being taken against the professional to whom a member of the
public was referred.
   (2) Where a period of three years has elapsed since the
professional to whom a member of the public was referred has
satisfied any terms, conditions, or sanctions imposed upon the
professional as disciplinary action; except that if the professional
is an attorney, there shall be no time limit on the duty to disclose.

   SEC. 17.   SEC. 18.   Section 13401.5 of
the Corporations Code is amended to read:
   13401.5.  Notwithstanding subdivision (d) of Section 13401 and any
other provision of law, the following licensed persons may be
shareholders, officers, directors, or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation:
   (a) Medical corporation.
   (1) Licensed doctors of podiatric medicine.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed physician assistants.
   (8) Licensed chiropractors.
   (9) Licensed acupuncturists.
   (10) Naturopathic doctors.
   (11) Licensed professional clinical counselors.
   (b) Podiatric medical corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (c) Psychological corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed chiropractors.
   (8) Licensed acupuncturists.
   (9) Naturopathic doctors.
   (10) Licensed professional clinical counselors.
   (d) Speech-language pathology corporation.
   (1) Licensed audiologists.
   (e) Audiology corporation.
   (1) Licensed speech-language pathologists.
   (f) Nursing corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed physician assistants.
   (8) Licensed chiropractors.
   (9) Licensed acupuncturists.
   (10) Naturopathic doctors.
   (11) Licensed professional clinical counselors.
   (g) Marriage and family therapist corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Licensed clinical social workers.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (8) Licensed professional clinical counselors.
   (h) Licensed clinical social worker corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Licensed marriage and family therapists.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (8) Licensed professional clinical counselors.
   (i) Physician assistants corporation.
   (1) Licensed physicians and surgeons.
   (2) Registered nurses.
   (3) Licensed acupuncturists.
   (4) Naturopathic doctors.
   (j) Optometric corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (k) Chiropractic corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed optometrists.
   (6) Licensed marriage and family therapists.
   (7) Licensed clinical social workers.
   (8) Licensed acupuncturists.
   (9) Naturopathic doctors.
   (10) Licensed professional clinical counselors.
   (  l  ) Acupuncture corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed optometrists.
   (6) Licensed marriage and family therapists.
   (7) Licensed clinical social workers.
   (8) Licensed physician assistants.
   (9) Licensed chiropractors.
   (10) Naturopathic doctors.
   (11) Licensed professional clinical counselors.
   (m) Naturopathic doctor corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed physician assistants.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Licensed physical therapists.
   (8) Licensed doctors of podiatric medicine.
   (9) Licensed marriage and family therapists.
   (10) Licensed clinical social workers.
   (11) Licensed optometrists.
   (12) Licensed professional clinical counselors.
   (n) Dental corporation.
   (1) Licensed physicians and surgeons.
   (2) Dental assistants.
   (3) Registered dental assistants.
   (4) Registered dental assistants in extended functions.
   (5) Registered dental hygienists.
   (6) Registered dental hygienists in extended functions.
   (7) Registered dental hygienists in alternative practice.
   (o) Professional clinical counselor corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Licensed clinical social workers.
   (4) Licensed marriage and family therapists.
   (5) Registered nurses.
   (6) Licensed chiropractors.
   (7) Licensed acupuncturists.
   (8) Naturopathic doctors.
   SEC. 18.   SEC. 19.   Section 66085 of
the Education Code is amended to read:
   66085.  The Legislature requests that the Trustees of the
California State University, the Regents of the University of
California, and the Board of Governors of the California Community
Colleges, in consultation with the California Council on Gerontology
and Geriatrics and other qualified groups or individuals, develop
standards and guidelines, based on standards developed by the
Association for Gerontology in Higher Education, for the biological,
social, and psychological aspects of aging for professional degree
programs at the associate, bachelor, and graduate levels, including
those programs in gerontology, nursing, social work, psychology,
marriage and family therapy, professional clinical counseling, and
the rehabilitation therapies. Nothing in this article shall be
construed to require any additional coursework requirements for
professional degree programs.
   SEC. 19.   SEC. 20.   Section 795 of the
Evidence Code is amended to read:
   795.  (a) The testimony of a witness is not inadmissible in a
criminal proceeding by reason of the fact that the witness has
previously undergone hypnosis for the purpose of recalling events
that are the subject of the witness's testimony, if all of the
following conditions are met:
   (1) The testimony is limited to those matters that the witness
recalled and related prior to the hypnosis.
   (2) The substance of the prehypnotic memory was preserved in a
writing, audio recording, or video recording prior to the hypnosis.
   (3) The hypnosis was conducted in accordance with all of the
following procedures:
   (A) A written record was made prior to hypnosis documenting the
subject's description of the event, and information that was provided
to the hypnotist concerning the subject matter of the hypnosis.
   (B) The subject gave informed consent to the hypnosis.
   (C) The hypnosis session, including the pre- and post-hypnosis
interviews, was video recorded for subsequent review.
   (D) The hypnosis was performed by a licensed physician and
surgeon, psychologist, licensed clinical social worker, licensed
marriage and family therapist, or licensed professional clinical
counselor experienced in the use of hypnosis and independent of and
not in the presence of law enforcement, the prosecution, or the
defense.
   (4) Prior to admission of the testimony, the court holds a hearing
pursuant to Section 402 at which the proponent of the evidence
proves by clear and convincing evidence that the hypnosis did not so
affect the witness as to render the witness's prehypnosis
recollection unreliable or to substantially impair the ability to
cross-examine the witness concerning the witness's prehypnosis
recollection. At the hearing, each side shall have the right to
present expert testimony and to cross-examine witnesses.
   (b) Nothing in this section shall be construed to limit the
ability of a party to attack the credibility of a witness who has
undergone hypnosis, or to limit other legal grounds to admit or
exclude the testimony of that witness.
   SEC. 20.   SEC. 21.   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 and surgeon 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 supervision as specified in Section 4996.23 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 subparagraph (B) of paragraph (1) of
subdivision (d) of Section 4980.36 of, or subdivision (c) of Section
4980.37 of, the Business and Professions Code and is supervised by a
licensed psychologist, a board certified psychiatrist, a licensed
clinical social worker, a licensed marriage and family therapist, or
a licensed professional clinical counselor.
   (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 and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing.
   (  l  ) An advanced practice registered nurse who is
certified as a clinical nurse specialist pursuant to Article 9
(commencing with Section 2838) of Chapter 6 of Division 2 of the
Business and Professions Code and who participates in expert clinical
practice in the specialty of psychiatric-mental health nursing.
   (m) A person rendering mental health treatment or counseling
services as authorized pursuant to Section 6924 of the Family Code.
   (n) A person licensed as a professional clinical counselor under
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
   (o) A person registered as a clinical counselor intern who is
under the supervision of a licensed professional clinical counselor,
a licensed marriage and family therapist, a licensed clinical social
worker, a licensed psychologist, or a licensed physician and surgeon
certified in psychiatry, as specified in Sections 4999.42 to 4999.46,
inclusive, of the Business and Professions Code.
   (p) A clinical counselor trainee, as defined in subdivision (g) of
Section 4999.12 of the Business and Professions Code, who is
fulfilling his or her supervised practicum required by paragraph (3)
of subdivision (c) of Section 4999.32 of, or paragraph (3) of
subdivision (c) of Section 4999.33 of, the Business and Professions
Code, and is supervised by a licensed psychologist, a board-certified
psychiatrist, a licensed clinical social worker, a licensed marriage
and family therapist, or a licensed professional clinical counselor.

   SEC. 21.   SEC. 22.   Section 1014 of
the Evidence Code is amended to read:
   1014.  Subject to Section 912 and except as otherwise provided in
this article, the patient, whether or not a party, has a privilege to
refuse to disclose, and to prevent another from disclosing, a
confidential communication between patient and psychotherapist if the
privilege is claimed by:
   (a) The holder of the privilege.
   (b) A person who is authorized to claim the privilege by the
holder of the privilege.
   (c) The person who was the psychotherapist at the time of the
confidential communication, but the person may not claim the
privilege if there is no holder of the privilege in existence or if
he or she is otherwise instructed by a person authorized to permit
disclosure.
   The relationship of a psychotherapist and patient shall exist
between a psychological corporation as defined in Article 9
(commencing with Section 2995) of Chapter 6.6 of Division 2 of the
Business and Professions Code, a marriage and family therapist
corporation as defined in Article 6 (commencing with Section 4987.5)
of Chapter 13 of Division 2 of the Business and Professions Code, a
licensed clinical social workers corporation as defined in Article 5
(commencing with Section 4998) of Chapter 14 of Division 2 of the
Business and Professions Code, or a professional clinical counselor
corporation as defined in Article 7 (commencing with Section
4999.123) of Chapter 16 of Division 2 of the Business and Professions
Code, and the patient to whom it renders professional services, as
well as between those patients and psychotherapists employed by those
corporations to render services to those patients. The word "persons"
as used in this subdivision includes partnerships, corporations,
limited liability companies, associations, and other groups and
entities.
  SEC. 22.   SEC. 23.   Section 1157 of the
Evidence Code is amended to read:
   1157.  (a) Neither the proceedings nor the records of organized
committees of medical, medical-dental, podiatric, registered
dietitian, psychological, marriage and family therapist, licensed
clinical social worker, professional clinical counselor, or
veterinary staffs in hospitals, or of a peer review body, as defined
in Section 805 of the Business and Professions Code, having the
responsibility of evaluation and improvement of the quality of care
rendered in the hospital, or for that peer review body, or medical or
dental review or dental hygienist review or chiropractic review or
podiatric review or registered dietitian review or veterinary review
or acupuncturist review committees of local medical, dental, dental
hygienist, podiatric, dietetic, veterinary, acupuncture, or
chiropractic societies, marriage and family therapist, licensed
clinical social worker, professional clinical counselor, or
psychological review committees of state or local marriage and family
therapist, state or local licensed clinical social worker, state or
local licensed professional clinical counselor, or state or local
psychological associations or societies having the responsibility of
evaluation and improvement of the quality of care, shall be subject
to discovery.
   (b) Except as hereinafter provided, no person in attendance at a
meeting of any of those committees shall be required to testify as to
what transpired at that meeting.
   (c) The prohibition relating to discovery or testimony does not
apply to the statements made by any person in attendance at a meeting
of any of those committees who is a party to an action or proceeding
the subject matter of which was reviewed at that meeting, or to any
person requesting hospital staff privileges, or in any action against
an insurance carrier alleging bad faith by the carrier in refusing
to accept a settlement offer within the policy limits.
   (d) The prohibitions in this section do not apply to medical,
dental, dental hygienist, podiatric, dietetic, psychological,
marriage and family therapist, licensed clinical social worker,
professional clinical counselor, veterinary, acupuncture, or
chiropractic society committees that exceed 10 percent of the
membership of the society, nor to any of those committees if any
person serves upon the committee when his or her own conduct or
practice is being reviewed.
   (e) The amendments made to this section by Chapter 1081 of the
Statutes of 1983, or at the 1985 portion of the 1985-86 Regular
Session of the Legislature, at the 1990 portion of the 1989-90
Regular Session of the Legislature, at the 2000 portion of the
1999-2000 Regular Session of the Legislature, or at the 2011 portion
of the 2011-12 Regular Session of the Legislature, do not exclude the
discovery or use of relevant evidence in a criminal action.
   SEC. 23.   SEC. 24.   Section 3202 of
the Family Code is amended to read:
   3202.  (a) All supervised visitation and exchange programs funded
pursuant to this chapter shall comply with all requirements of the
Uniform Standards of Practice for Providers of Supervised Visitation
set forth in Section 26.2 of the Standards of Judicial Administration
as amended. The family law division of the superior court may
contract with eligible providers of supervised visitation and
exchange services, education, and group counseling to provide
services under this chapter.
   (b) As used in this section, "eligible provider" means:
   (1) For providers of supervised visitation and exchange services,
a local public agency or nonprofit entity that satisfies the Uniform
Standards of Practice for Providers of Supervised Visitation.
   (2) For providers of group counseling, a professional licensed to
practice psychotherapy in this state, including, but not limited to,
a licensed psychiatrist, licensed psychologist, licensed clinical
social worker, licensed marriage and family therapist, or licensed
professional clinical counselor; or a mental health intern working
under the direct supervision of a professional licensed to practice
psychotherapy.
   (3) For providers of education, a professional with a bachelor's
or master's degree in human behavior, child development, psychology,
counseling, family-life education, or a related field, having
specific training in issues relating to child and family development,
substance abuse, child abuse, domestic violence, effective
parenting, and the impact of divorce and interparental conflict on
children; or an intern working under the supervision of that
professional.
   SEC. 24.   SEC. 25.   Section 6924 of
the Family Code is amended to read:
   6924.  (a) As used in this section:
   (1) "Mental health treatment or counseling services" means the
provision of mental health treatment or counseling on an outpatient
basis by any of the following:
   (A) A governmental agency.
   (B) A person or agency having a contract with a governmental
agency to provide the services.
   (C) An agency that receives funding from community united funds.
   (D) A runaway house or crisis resolution center.
   (E) 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 Article 8 of Subchapter 3 of
Chapter 1 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 Article 5
(commencing with Section 4986) of Chapter 13 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) The chief administrator of an agency referred to in paragraph
(1) or (3).
   (G) A person registered as a marriage and family therapist 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 (g) of Section 4980.03 of the
Business and Professions Code.
   (H) A licensed professional clinical counselor, as defined in
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
   (I) A person registered as a clinical counselor intern, as defined
in Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code, while working under the supervision
of a licensed professional specified in subdivision (h) of Section
4999.12 of the Business and Professions Code.
   (3) "Residential shelter services" means any of the following:
   (A) The provision of residential and other support services to
minors on a temporary or emergency basis in a facility that services
only minors by a governmental agency, a person or agency having a
contract with a governmental agency to provide these services, an
agency that receives funding from community funds, or a licensed
community care facility or crisis resolution center.
   (B) The provision of other support services on a temporary or
emergency basis by any professional person as defined in paragraph
(2).
   (b) A minor who is 12 years of age or older may consent to mental
health treatment or counseling on an outpatient basis, or to
residential shelter services, if both of the following requirements
are satisfied:
   (1) The minor, in the opinion of the attending professional
person, is mature enough to participate intelligently in the
outpatient services or residential shelter services.
   (2) The minor (A) would present a danger of serious physical or
mental harm to self or to others without the mental health treatment
or counseling or residential shelter services, or (B) is the alleged
victim of incest or child abuse.
   (c) A professional person offering residential shelter services,
whether as an individual or as a representative of an entity
specified in paragraph (3) of subdivision (a), shall make his or her
best efforts to notify the parent or guardian of the provision of
services.
   (d) The mental health treatment or counseling of a minor
authorized by this section shall include 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. 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.
   (e) The minor's parents or guardian are 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. The minor's parents
or guardian are not liable for payment for any residential shelter
services provided pursuant to this section unless the parent or
guardian consented to the provision of those services.
   (f) 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. 25.   SEC. 26.   Section 6929 of
the Family Code is amended to read:
   6929.  (a) As used in this section:
   (1) "Counseling" means the provision of counseling services by a
provider under a contract with the state or a county to provide
alcohol or drug abuse counseling services pursuant to Part 2
(commencing with Section 5600) of Division 5 of the Welfare and
Institutions Code or pursuant to Division 10.5 (commencing with
Section 11750) of the Health and Safety Code.
   (2) "Drug or alcohol" includes, but is not limited to, any
substance listed in any of the following:
   (A) Section 380 or 381 of the Penal Code.
   (B) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
   (C) Subdivision (f) of Section 647 of the Penal Code.
   (3) "LAAM" means levoalphacetylmethadol as specified in paragraph
(10) of subdivision (c) of Section 11055 of the Health and Safety
Code.
   (4) "Professional person" means a physician and surgeon,
registered nurse, psychologist, clinical social worker, professional
clinical counselor, marriage and family therapist, registered
marriage and family therapist intern when appropriately employed and
supervised pursuant to Section 4980.43 of the Business and
Professions Code, psychological assistant when appropriately employed
and supervised pursuant to Section 2913 of the Business and
Professions Code, associate clinical social worker when appropriately
employed and supervised pursuant to Section 4996.18 of the Business
and Professions Code, or registered clinical counselor intern when
appropriately employed and supervised pursuant to Section 4999.42 of
the Business and Professions Code.
   (b) A minor who is 12 years of age or older may consent to medical
care and counseling relating to the diagnosis and treatment of a
drug- or alcohol-related problem.
   (c) The treatment plan of a minor authorized by this section shall
include the involvement of the minor's parent or guardian, if
appropriate, as determined by the professional person or treatment
facility treating the minor. The professional person providing
medical care or counseling to a minor shall state in the minor's
treatment record whether and when the professional person attempted
to contact the minor's parent or guardian, and whether the attempt to
contact the parent or guardian was successful or unsuccessful, or
the reason why, in the opinion of the professional person, it would
not be appropriate to contact the minor's parent or guardian.
   (d) The minor's parent or guardian is not liable for payment for
any care provided to a minor pursuant to this section, except that if
the minor's parent or guardian participates in a counseling program
pursuant to this section, the parent or guardian is liable for the
cost of the services provided to the minor and the parent or
guardian.
   (e) This section does not authorize a minor to receive replacement
narcotic abuse treatment, in a program licensed pursuant to Article
3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division
10.5 of the Health and Safety Code, without the consent of the minor'
s parent or guardian.
   (f) It is the intent of the Legislature that the state shall
respect the right of a parent or legal guardian to seek medical care
and counseling for a drug- or alcohol-related problem of a minor
child when the child does not consent to the medical care and
counseling, and nothing in this section shall be construed to
restrict or eliminate this right.
   (g) Notwithstanding any other provision of law, in cases where a
parent or legal guardian has sought the medical care and counseling
for a drug- or alcohol-related problem of a minor child, the
physician and surgeon shall disclose medical information concerning
the care to the minor's parent or legal guardian upon his or her
request, even if the minor child does not consent to disclosure,
without liability for the disclosure.
   SEC. 26.   SEC. 27.   Section 1277 of
the Health and Safety Code is amended to read:
   1277.  (a) No license shall be issued by the state department
unless it finds that the premises, the management, the bylaws, rules
and regulations, the equipment, the staffing, both professional and
nonprofessional, and the standards of care and services are adequate
and appropriate, and that the health facility is operated in the
manner required by this chapter and by the rules and regulations
adopted hereunder.
   (b) (1) Notwithstanding any provision of Part 2 (commencing with
Section 5600) of Division 5 of, or Division 7 (commencing with
Section 7100) of, the Welfare and Institutions Code or any other law
to the contrary, except Sections 2072 and 2073 of the Business and
Professions Code, the licensure requirements for professional
personnel, including, but not limited to, physicians and surgeons,
dentists, podiatrists, psychologists, marriage and family therapists,
pharmacists, registered nurses, clinical social workers, and
professional clinical counselors in the state and other governmental
health facilities licensed by the state department shall not be less
than for those professional personnel in health facilities under
private ownership.
   (2) Persons employed as psychologists and clinical social workers,
while continuing in their employment in the same class as of January
1, 1979, in the same state or other governmental health facility
licensed by the state department, including those persons on
authorized leave, but not including intermittent personnel, shall be
exempt from the requirements of paragraph (1).
   (3) The requirements of paragraph (1) may be waived by the state
department solely for persons in the professions of psychology,
marriage and family therapy, clinical social work, or professional
clinical counseling who are gaining qualifying experience for
licensure in such profession in this state. A waiver granted pursuant
to this paragraph shall not exceed three years from the date the
employment commences in this state in the case of psychologists, or
four years from commencement of the employment in this state in the
case of marriage and family therapists, clinical social workers, and
professional clinical counselors, at which time licensure shall have
been obtained or the employment shall be terminated, except that an
extension of a waiver of licensure for marriage and family
therapists, clinical social workers, and professional clinical
counselors may be granted for one additional year, based on
extenuating circumstances determined by the state department pursuant
to subdivision (e). For persons employed as psychologists, clinical
social workers, marriage and family therapists, or professional
clinical counselors less than full time, an extension of a waiver of
licensure may be granted for additional years proportional to the
extent of part-time employment, as long as the person is employed
without interruption in service, but in no case shall the waiver of
licensure exceed six years in the case of clinical social workers,
marriage and family therapists, or professional clinical counselors,
or five years in the case of psychologists.
   (4) The durational limitation upon waivers pursuant to paragraph
(3) shall not apply to any of the following:
   (A) Active candidates for a doctoral degree in social work, social
welfare, or social science, who are enrolled at an accredited
university, college, or professional school, but these limitations
shall apply following completion of this training.
   (B) Active candidates for a doctoral degree in marriage and family
therapy who are enrolled at a school, college, or university,
specified in subdivision (b) of Section 4980.36 of, or subdivision
(b) of Section 4980.37 of, the Business and Professions Code, but the
limitations shall apply following completion of the training.
   (C) Active candidates for a doctoral degree in professional
clinical counseling who are enrolled at a school, college, or
university, specified in subdivision (b) of Section 4999.32 of, or
subdivision (b) of Section 4999.33 of, the Business and Professions
Code, but the limitations shall apply following the completion of the
training.
   (5) A waiver pursuant to paragraph (3) shall be granted only to
the extent necessary to qualify for licensure, except that personnel
recruited for employment from outside this state and whose experience
is sufficient to gain admission to a licensing examination shall
nevertheless have one year from the date of their employment in
California to become licensed, at which time licensure shall have
been obtained or the employment shall be terminated, provided that
the employee shall take the licensure examination at the earliest
possible date after the date of his or her employment, and if the
employee does not pass the examination at that time, he or she shall
have a second opportunity to pass the next possible examination,
subject to the one-year limit for marriage and family therapists,
clinical social workers, and professional clinical counselors, and
subject to a two-year limit for psychologists.
   (c) A special permit shall be issued by the state department when
it finds that the staff, both professional and nonprofessional, and
the standards of care and services are adequate and appropriate, and
that the special services unit is operated in the manner required in
this chapter and by the rules and regulations adopted hereunder.
   (d) The state department shall apply the same standards to state
and other governmental health facilities that it licenses as it
applies to health facilities in private ownership, including
standards specifying the level of training and supervision of all
unlicensed practitioners. Except for psychologists, the department
may grant an extension of a waiver of licensure for personnel
recruited from outside this state for one additional year, based upon
extenuating circumstances as determined by the department pursuant
to subdivision (e).
   (e) The department shall grant a request for an extension of a
waiver based on extenuating circumstances, pursuant to subdivision
(b) or (d), if any of the following circumstances exist:
   (1) The person requesting the extension has experienced a recent
catastrophic event which may impair the person's ability to qualify
for and pass the license examination. Those events may include, but
are not limited to, significant hardship caused by a natural
disaster, serious and prolonged illness of the person, serious and
prolonged illness or death of a child, spouse, or parent, or other
stressful circumstances.
   (2) The person requesting the extension has difficulty speaking or
writing the English language, or other cultural and ethnic factors
exist which substantially impair the person's ability to qualify for
and pass the license examination.
   (3) The person requesting the extension has experienced other
personal hardship which the department, in its discretion, determines
to warrant the extension.
   SEC. 27.   SEC. 28.   Section 1348.8 of
the Health and Safety Code is amended to read:
   1348.8.  (a) A health care service plan that provides, operates,
or contracts for telephone medical advice services to its enrollees
and subscribers shall do all of the following:
   (1) Ensure that the in-state or out-of-state telephone medical
advice service is registered pursuant to Chapter 15 (commencing with
Section 4999) of Division 2 of the Business and Professions Code.
   (2) Ensure that the staff providing telephone medical advice
services for the in-state or out-of-state telephone medical advice
service are licensed as follows:
   (A) For full service health care service plans, the staff hold a
valid California license as a registered nurse or a valid license in
the state within which they provide telephone medical advice services
as a physician and surgeon or physician assistant, and are operating
in compliance with the laws governing their respective scopes of
practice.
   (B) (i) For specialized health care service plans providing,
operating, or contracting with a telephone medical advice service in
California, the staff shall be appropriately licensed, registered, or
certified as a dentist pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code, as
a dental hygienist pursuant to Article 7 (commencing with Section
1740) of Chapter 4 of Division 2 of the Business and Professions
Code, as a physician and surgeon pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions Code
or the Osteopathic Initiative Act, as a registered nurse pursuant to
Chapter 6 (commencing with Section 2700) of Division 2 of the
Business and Professions Code, as a psychologist pursuant to Chapter
6.6 (commencing with Section 2900) of Division 2 of the Business and
Professions Code, as an optometrist pursuant to Chapter 7 (commencing
with Section 3000) of Division 2 of the Business and Professions
Code, as a marriage and family therapist pursuant to Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code, as a licensed clinical social worker pursuant to
Chapter 14 (commencing with Section 4991) of Division 2 of the
Business and Professions Code, as a professional clinical counselor
pursuant to Chapter 16 (commencing with Section 4999.10) of Division
2 of the Business and Professions Code, or as a chiropractor pursuant
to the Chiropractic Initiative Act, and operating in compliance with
the laws governing their respective scopes of practice.
   (ii) For specialized health care service plans providing,
operating, or contracting with an out-of-state telephone medical
advice service, the staff shall be health care professionals, as
identified in clause (i), who are licensed, registered, or certified
in the state within which they are providing the telephone medical
advice services and are operating in compliance with the laws
governing their respective scopes of practice. All registered nurses
providing telephone medical advice services to both in-state and
out-of-state business entities registered pursuant to this chapter
shall be licensed pursuant to Chapter 6 (commencing with Section
2700) of Division 2 of the Business and Professions Code.
   (3) Ensure that every full service health care service plan
provides for a physician and surgeon who is available on an on-call
basis at all times the service is advertised to be available to
enrollees and subscribers.
   (4) Ensure that staff members handling enrollee or subscriber
calls, who are not licensed, certified, or registered as required by
paragraph (2), do not provide telephone medical advice. Those staff
members may ask questions on behalf of a staff member who is
licensed, certified, or registered as required by paragraph (2), in
order to help ascertain the condition of an enrollee or subscriber so
that the enrollee or subscriber can be referred to licensed staff.
However, under no circumstances shall those staff members use the
answers to those questions in an attempt to assess, evaluate, advise,
or make any decision regarding the condition of an enrollee or
subscriber or determine when an enrollee or subscriber needs to be
seen by a licensed medical professional.
   (5) Ensure that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in Section 4999.2 of the Business
and Professions Code unless the staff member is a licensed,
certified, or registered professional.
   (6) Ensure that the in-state or out-of-state telephone medical
advice service designates an agent for service of process in
California and files this designation with the director.
   (7) Requires that the in-state or out-of-state telephone medical
advice service makes and maintains records for a period of five years
after the telephone medical advice services are provided, including,
but not limited to, oral or written transcripts of all medical
advice conversations with the health care service plan's enrollees or
subscribers in California and copies of all complaints. If the
records of telephone medical advice services are kept out of state,
the health care service plan shall, upon the request of the director,
provide the records to the director within 10 days of the request.
   (8) Ensure that the telephone medical advice services are provided
consistent with good professional practice.
   (b) The director shall forward to the Department of Consumer
Affairs, within 30 days of the end of each calendar quarter, data
regarding complaints filed with the department concerning telephone
medical advice services.
   (c) For purposes of this section, "telephone medical advice" means
a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
   SEC. 28.   SEC. 29.   Section 1367.26 of
the Health and Safety Code is amended to read:
   1367.26.  (a) A health care service plan shall provide, upon
request, a list of the following contracting providers, within the
enrollee's or prospective enrollee's general geographic area:
   (1) Primary care providers.
   (2) Medical groups.
   (3) Independent practice associations.
   (4) Hospitals.
   (5) All other available contracting physicians and surgeons,
psychologists, acupuncturists, optometrists, podiatrists,
chiropractors, licensed clinical social workers, marriage and family
therapists, professional clinical counselors, and nurse midwives to
the extent their services may be accessed and are covered through the
contract with the plan.
   (b) This list shall indicate which providers have notified the
plan that they have closed practices or are otherwise not accepting
new patients at that time.
   (c) The list shall indicate that it is subject to change without
notice and shall provide a telephone number that enrollees can
contact to obtain information regarding a particular provider. This
information shall include whether or not that provider has indicated
that he or she is accepting new patients.
   (d) A health care service plan shall provide this information in
written form to its enrollees or prospective enrollees upon request.
A plan may, with the permission of the enrollee, satisfy the
requirements of this section by directing the enrollee or prospective
enrollee to the plan's provider listings on its Internet Web site.
Plans shall ensure that the information provided is updated at least
quarterly. A plan may satisfy this update requirement by providing an
insert or addendum to any existing provider listing. This
requirement shall not mandate a complete republishing of a plan's
provider directory.
   (e) Each plan shall make information available, upon request,
concerning a contracting provider's professional degree, board
certifications, and any recognized subspeciality qualifications a
specialist may have.
   (f) Nothing in this section shall prohibit a plan from requiring
its contracting providers, contracting provider groups, or
contracting specialized health care plans to satisfy these
requirements. If a plan delegates the responsibility of complying
with this section to its contracting providers, contracting provider
groups, or contracting specialized health care plans, the plan shall
ensure that the requirements of this section are met.
   (g) Every health care service plan shall allow enrollees to
request the information required by this section through their
toll-free telephone number or in writing.
   SEC. 29.   SEC. 30.   Section 1373 of
the Health and Safety Code is amended to read:
   1373.  (a) A plan contract may not provide an exception for other
coverage if the other coverage is entitlement to Medi-Cal benefits
under Chapter 7 (commencing with Section 14000) or Chapter 8
(commencing with Section 14200) of Part 3 of Division 9 of the
Welfare and Institutions Code, or Medicaid benefits under Subchapter
19 (commencing with Section 1396) of Chapter 7 of Title 42 of the
United States Code.
   Each plan contract shall be interpreted not to provide an
exception for the Medi-Cal or Medicaid benefits.
   A plan contract shall not provide an exemption for enrollment
because of an applicant's entitlement to Medi-Cal benefits under
Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing
with Section 14200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or Medicaid benefits under Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code.
   A plan contract may not provide that the benefits payable
thereunder are subject to reduction if the individual insured has
entitlement to the Medi-Cal or Medicaid benefits.
   (b) A plan contract that provides coverage, whether by specific
benefit or by the effect of general wording, for sterilization
operations or procedures shall not impose any disclaimer, restriction
on, or limitation of, coverage relative to the covered individual's
reason for sterilization.
   As used in this section, "sterilization operations or procedures"
shall have the same meaning as that specified in Section 10120 of the
Insurance Code.
   (c) Every plan contract that provides coverage to the spouse or
dependents of the subscriber or spouse shall grant immediate accident
and sickness coverage, from and after the moment of birth, to each
newborn infant of any subscriber or spouse covered and to each minor
child placed for adoption from and after the date on which the
adoptive child's birth parent or other appropriate legal authority
signs a written document, including, but not limited to, a health
facility minor release report, a medical authorization form, or a
relinquishment form, granting the subscriber or spouse the right to
control health care for the adoptive child or, absent this written
document, on the date there exists evidence of the subscriber's or
spouse's right to control the health care of the child placed for
adoption. No plan may be entered into or amended if it contains any
disclaimer, waiver, or other limitation of coverage relative to the
coverage or insurability of newborn infants of, or children placed
for adoption with, a subscriber or spouse covered as required by this
subdivision.
   (d) (1) Every plan contract that provides that coverage of a
dependent child of a subscriber shall terminate upon attainment of
the limiting age for dependent children specified in the plan, shall
also provide that attainment of the limiting age shall not operate to
terminate the coverage of the child while the child is and continues
to meet both of the following criteria:
   (A) Incapable of self-sustaining employment by reason of a
physically or mentally disabling injury, illness, or condition.
   (B) Chiefly dependent upon the subscriber for support and
maintenance.
   (2) The plan shall notify the subscriber that the dependent child'
s coverage will terminate upon attainment of the limiting age unless
the subscriber                                                submits
proof of the criteria described in subparagraphs (A) and (B) of
paragraph (1) to the plan within 60 days of the date of receipt of
the notification. The plan shall send this notification to the
subscriber at least 90 days prior to the date the child attains the
limiting age. Upon receipt of a request by the subscriber for
continued coverage of the child and proof of the criteria described
in subparagraphs (A) and (B) of paragraph (1), the plan shall
determine whether the child meets that criteria before the child
attains the limiting age. If the plan fails to make the determination
by that date, it shall continue coverage of the child pending its
determination.
   (3) The plan may subsequently request information about a
dependent child whose coverage is continued beyond the limiting age
under this subdivision but not more frequently than annually after
the two-year period following the child's attainment of the limiting
age.
   (4) If the subscriber changes carriers to another plan or to a
health insurer, the new plan or insurer shall continue to provide
coverage for the dependent child. The new plan or insurer may request
information about the dependent child initially and not more
frequently than annually thereafter to determine if the child
continues to satisfy the criteria in subparagraphs (A) and (B) of
paragraph (1). The subscriber shall submit the information requested
by the new plan or insurer within 60 days of receiving the request.
   (5) (A) Except as set forth in subparagraph (B), under no
circumstances shall the limiting age be less than 26 years of age
with respect to plan years beginning on or after September 23, 2010.
   (B) For plan years beginning before January 1, 2014, a group
health care service plan contract that qualifies as a grandfathered
health plan under Section 1251 of the federal Patient Protection and
Affordable Care Act (Public Law 111-148) and that makes available
dependent coverage of children may exclude from coverage an adult
child who has not attained 26 years of age only if the adult child is
eligible to enroll in an eligible employer-sponsored health plan, as
defined in Section 5000A(f)(2) of the Internal Revenue Code, other
than a group health plan of a parent.
   (C) (i) With respect to a child (I) whose coverage under a group
or individual plan contract ended, or who was denied or not eligible
for coverage under a group or individual plan contract, because under
the terms of the contract the availability of dependent coverage of
children ended before the attainment of 26 years of age, and (II) who
becomes eligible for that coverage by reason of the application of
this paragraph, the health care service plan shall give the child an
opportunity to enroll that shall continue for at least 30 days. This
opportunity and the notice described in clause (ii) shall be provided
not later than the first day of the first plan year beginning on or
after September 23, 2010, consistent with the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), and any additional federal guidance or
regulations issued by the United States Secretary of Health and Human
Services.
   (ii)  The health care service plan shall provide written notice
stating that a dependent described in clause (i) who has not attained
26 years of age is eligible to enroll in the plan for coverage. This
notice may be provided to the dependent's parent on behalf of the
dependent. If the notice is included with other enrollment materials
for a group plan, the notice shall be prominent.
   (iii) In the case of an individual who enrolls under this
subparagraph, coverage shall take effect no later than the first day
of the first plan year beginning on or after September 23, 2010.
   (iv) A dependent enrolling in a group health plan for coverage
pursuant to this subparagraph shall be treated as a special enrollee
as provided under the rules of Section 146.117(d) of Title 45 of the
Code of Federal Regulations. The health care service plan shall offer
the recipient of the notice all of the benefit packages available to
similarly situated individuals who did not lose coverage by reason
of cessation of dependent status. Any difference in benefits or
cost-sharing requirements shall constitute a different benefit
package. A dependent enrolling in a group health plan for coverage
pursuant to this subparagraph shall not be required to pay more for
coverage than similarly situated individuals who did not lose
coverage by reason of cessation of dependent status.
   (D) Nothing in this section shall require a health care service
plan to make coverage available for a child of a child receiving
dependent coverage. Nothing in this section shall be construed to
modify the definition of "dependent" as used in the Revenue and
Taxation Code with respect to the tax treatment of the cost of
coverage.
   (e) A plan contract that provides coverage, whether by specific
benefit or by the effect of general wording, for both an employee and
one or more covered persons dependent upon the employee and provides
for an extension of the coverage for any period following a
termination of employment of the employee shall also provide that
this extension of coverage shall apply to dependents upon the same
terms and conditions precedent as applied to the covered employee,
for the same period of time, subject to payment of premiums, if any,
as required by the terms of the policy and subject to any applicable
collective bargaining agreement.
   (f) A group contract shall not discriminate against handicapped
persons or against groups containing handicapped persons. Nothing in
this subdivision shall preclude reasonable provisions in a plan
contract against liability for services or reimbursement of the
handicap condition or conditions relating thereto, as may be allowed
by rules of the director.
   (g) Every group contract shall set forth the terms and conditions
under which subscribers and enrollees may remain in the plan in the
event the group ceases to exist, the group contract is terminated, or
an individual subscriber leaves the group, or the enrollees'
eligibility status changes.
   (h) (1) A health care service plan or specialized health care
service plan may provide for coverage of, or for payment for,
professional mental health services, or vision care services, or for
the exclusion of these services. If the terms and conditions include
coverage for services provided in a general acute care hospital or an
acute psychiatric hospital as defined in Section 1250 and do not
restrict or modify the choice of providers, the coverage shall extend
to care provided by a psychiatric health facility as defined in
Section 1250.2 operating pursuant to licensure by the State
Department of Mental Health. A health care service plan that offers
outpatient mental health services but does not cover these services
in all of its group contracts shall communicate to prospective group
contractholders as to the availability of outpatient coverage for the
treatment of mental or nervous disorders.
   (2) No plan shall prohibit the member from selecting any
psychologist who is licensed pursuant to the Psychology Licensing Law
(Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code), any optometrist who is the holder of
a certificate issued pursuant to Chapter 7 (commencing with Section
3000) of Division 2 of the Business and Professions Code or, upon
referral by a physician and surgeon licensed pursuant to the Medical
Practice Act (Chapter 5 (commencing with Section 2000) of Division 2
of the Business and Professions Code), (A) any marriage and family
therapist who is the holder of a license under Section 4980.50 of the
Business and Professions Code, (B) any licensed clinical social
worker who is the holder of a license under Section 4996 of the
Business and Professions Code, (C) any registered nurse licensed
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 and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing,
(D) any advanced practice registered nurse certified as a clinical
nurse specialist pursuant to Article 9 (commencing with Section 2838)
of Chapter 6 of Division 2 of the Business and Professions Code who
participates in expert clinical practice in the specialty of
psychiatric-mental health nursing, to perform the particular services
covered under the terms of the plan, and the certificate holder is
expressly authorized by law to perform these services, or (E) any
professional clinical counselor who is the holder of a license under
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
   (3) Nothing in this section shall be construed to allow any
certificate holder or licensee enumerated in this section to perform
professional mental health services beyond his or her field or fields
of competence as established by his or her education, training, and
experience.
   (4) For the purposes of this section:
   (A) "Marriage and family therapist" means a licensed marriage and
family therapist who has received specific instruction in assessment,
diagnosis, prognosis, and counseling, and psychotherapeutic
treatment of premarital, marriage, family, and child relationship
dysfunctions, which is equivalent to the instruction required for
licensure on January 1, 1981.
   (B) "Professional clinical counselor" means a licensed
professional clinical counselor who has received specific instruction
in assessment, diagnosis, prognosis, counseling, and
psychotherapeutic treatment of mental and emotional disorders, which
is equivalent to the instruction required for licensure on January 1,
2012.
   (5) Nothing in this section shall be construed to allow a member
to select and obtain mental health or psychological or vision care
services from a certificate holder or licenseholder who is not
directly affiliated with or under contract to the health care service
plan or specialized health care service plan to which the member
belongs. All health care service plans and individual practice
associations that offer mental health benefits shall make reasonable
efforts to make available to their members the services of licensed
psychologists. However, a failure of a plan or association to comply
with the requirements of the preceding sentence shall not constitute
a misdemeanor.
   (6) As used in this subdivision, "individual practice association"
means an entity as defined in subsection (5) of Section 1307 of the
federal Public Health Service Act (42 U.S.C. Sec. 300e-1(5)).
   (7) Health care service plan coverage for professional mental
health services may include community residential treatment services
that are alternatives to inpatient care and that are directly
affiliated with the plan or to which enrollees are referred by
providers affiliated with the plan.
   (i) If the plan utilizes arbitration to settle disputes, the plan
contracts shall set forth the type of disputes subject to
arbitration, the process to be utilized, and how it is to be
initiated.
   (j) A plan contract that provides benefits that accrue after a
certain time of confinement in a health care facility shall specify
what constitutes a day of confinement or the number of consecutive
hours of confinement that are requisite to the commencement of
benefits.
   (k) If a plan provides coverage for a dependent child who is over
26 years of age and enrolled as a full-time student at a secondary or
postsecondary educational institution, the following shall apply:
   (1) Any break in the school calendar shall not disqualify the
dependent child from coverage.
   (2) If the dependent child takes a medical leave of absence, and
the nature of the dependent child's injury, illness, or condition
would render the dependent child incapable of self-sustaining
employment, the provisions of subdivision (d) shall apply if the
dependent child is chiefly dependent on the subscriber for support
and maintenance.
   (3) (A) If the dependent child takes a medical leave of absence
from school, but the nature of the dependent child's injury, illness,
or condition does not meet the requirements of paragraph (2), the
dependent child's coverage shall not terminate for a period not to
exceed 12 months or until the date on which the coverage is scheduled
to terminate pursuant to the terms and conditions of the plan,
whichever comes first. The period of coverage under this paragraph
shall commence on the first day of the medical leave of absence from
the school or on the date the physician and surgeon determines the
illness prevented the dependent child from attending school,
whichever comes first. Any break in the school calendar shall not
disqualify the dependent child from coverage under this paragraph.
   (B) Documentation or certification of the medical necessity for a
leave of absence from school shall be submitted to the plan at least
30 days prior to the medical leave of absence from the school, if the
medical reason for the absence and the absence are foreseeable, or
30 days after the start date of the medical leave of absence from
school and shall be considered prima facie evidence of entitlement to
coverage under this paragraph.
   (4) This subdivision shall not apply to a specialized health care
service plan or to a Medicare supplement plan.
   SEC. 30.   SEC. 31.   Section 1373.8 of
the Health and Safety Code is amended to read:
   1373.8.  A health care service plan contract where the plan is
licensed to do business in this state and the plan provides coverage
that includes California residents, but that may be written or issued
for delivery outside of California, and where benefits are provided
within the scope of practice of a licensed clinical social worker, a
registered nurse licensed 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 and
is listed as a psychiatric-mental health nurse by the Board of
Registered Nursing, an advanced practice registered nurse who is
certified as a clinical nurse specialist pursuant to Article 9
(commencing with Section 2838) of Chapter 6 of Division 2 of the
Business and Professions Code who participates in expert clinical
practice in the specialty of psychiatric-mental health nursing, a
marriage and family therapist who is the holder of a license under
Section 4980.50 of the Business and Professions Code, or a
professional clinical counselor who is the holder of a license under
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code shall not be deemed to prohibit persons
covered under the contract from selecting those licensed persons in
California to perform the services in California that are within the
terms of the contract even though the licensees are not licensed in
the state where the contract is written or issued for delivery.
   It is the intent of the Legislature in amending this section in
the 1984 portion of the 1983-84 Legislative Session that persons
covered by the contract and those providers of health care specified
in this section who are licensed in California should be entitled to
the benefits provided by the plan for services of those providers
rendered to those persons.
   SEC. 31.   SEC. 32.   Section 1373.95 of
the Health and Safety Code is amended to read:
   1373.95.  (a) (1) A health care service plan, other than a
specialized health care service plan that offers professional mental
health services on an employer-sponsored group basis, shall file a
written continuity of care policy as a material modification with the
department before March 31, 2004.
   (2) A health care service plan shall include all of the following
in its written continuity of care policy:
   (A) A description of the plan's process for the block transfer of
enrollees from a terminated provider group or hospital to a new
provider group or hospital.
   (B) A description of the manner in which the plan facilitates the
completion of covered services pursuant to Section 1373.96.
   (C) A template of the notice the plan proposes to send to
enrollees describing its policy and informing enrollees of their
right to completion of covered services.
   (D) A description of the plan's process to review an enrollee's
request for the completion of covered services.
   (E) A provision ensuring that reasonable consideration is given to
the potential clinical effect on an enrollee's treatment caused by a
change of provider.
   (3) If approved by the department, the provisions of the written
continuity of care policy shall replace all prior continuity of care
policies. The plan shall file a revision of the policy with the
department if it makes a material change to it.
   (b) (1) The provisions of this subdivision apply to a specialized
health care service plan that offers professional mental health
services on an employer-sponsored group basis.
   (2) The plan shall file with the department a written policy
describing the manner in which it facilitates the continuity of care
for a new enrollee who has been receiving services from a
nonparticipating mental health provider for an acute, serious, or
chronic mental health condition when his or her employer changed
health plans. The written policy shall allow the new enrollee a
reasonable transition period to continue his or her course of
treatment with the nonparticipating mental health provider prior to
transferring to a participating provider and shall include the
provision of mental health services on a timely, appropriate, and
medically necessary basis from the nonparticipating provider. The
policy may provide that the length of the transition period take into
account on a case-by-case basis, the severity of the enrollee's
condition and the amount of time reasonably necessary to effect a
safe transfer. The policy shall ensure that reasonable consideration
is given to the potential clinical effect of a change of provider on
the enrollee's treatment for the condition. The policy shall describe
the plan's process to review an enrollee's request to continue his
or her course of treatment with a nonparticipating mental health
provider. Nothing in this paragraph shall be construed to require the
plan to accept a nonparticipating mental health provider onto its
panel for treatment of other enrollees. For purposes of the
continuing treatment of the transferring enrollee, the plan may
require the nonparticipating mental health provider, as a condition
of the right conferred under this section, to enter into its standard
mental health provider contract.
   (3) A plan may require a nonparticipating mental health provider
whose services are continued pursuant to the written policy, to agree
in writing to the same contractual terms and conditions that are
imposed upon the plan's participating providers, including location
within the plan's service area, reimbursement methodologies, and
rates of payment. If the plan determines that an enrollee's health
care treatment should temporarily continue with his or her existing
provider or nonparticipating mental health provider, the plan shall
not be liable for actions resulting solely from the negligence,
malpractice, or other tortious or wrongful acts arising out of the
provisions of services by the existing provider or a nonparticipating
mental health provider.
   (4) The written policy shall not apply to an enrollee who is
offered an out-of-network option or to an enrollee who had the option
to continue with his or her previous specialized health care service
plan that offers professional mental health services on an
employer-sponsored group basis or mental health provider and instead
voluntarily chose to change health plans.
   (5) This subdivision shall not apply to a specialized health care
service plan that offers professional mental health services on an
employer-sponsored group basis if it includes out-of-network coverage
that allows the enrollee to obtain services from his or her existing
mental health provider or nonparticipating mental health provider.
   (c) The health care service plan, including a specialized health
care service plan that offers professional mental health services on
an employer-sponsored group basis, shall provide to all new enrollees
notice of its written continuity of care policy and information
regarding the process for an enrollee to request a review under the
policy and shall provide, upon request, a copy of the written policy
to an enrollee.
   (d) Nothing in this section shall require a health care service
plan or a specialized health care service plan that offers
professional mental health services on an employer-sponsored group
basis to cover services or provide benefits that are not otherwise
covered under the terms and conditions of the plan contract.
   (e) The following definitions apply for the purposes of this
section:
   (1) "Hospital" means a general acute care hospital.
   (2) "Nonparticipating mental health provider" means a
psychiatrist, licensed psychologist, licensed marriage and family
therapist, licensed social worker, or licensed professional clinical
counselor who does not contract with the specialized health care
service plan that offers professional mental health services on an
employer-sponsored group basis.
   (3) "Provider group" means a medical group, independent practice
association, or any other similar organization.
   SEC. 32.  SEC. 33.   Section 123105 of
the Health and Safety Code is amended to read:
   123105.  As used in this chapter:
   (a) "Health care provider" means any of the following:
   (1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
   (2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
   (3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
   (4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
   (5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
   (6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
   (7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
   (8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
   (9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
   (10) A marriage and family therapist licensed pursuant to Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code.
   (11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
   (12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business and
Professions Code.
   (13) An occupational therapist licensed pursuant to Chapter 5.6
(commencing with Section 2570).
   (14) A professional clinical counselor licensed pursuant to
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
   (b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder. "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
   (c) "Patient" means a patient or former patient of a health care
provider.
   (d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or proposed to be
provided to the patient. "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records. "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115. "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
   (e) "Patient's representative" or "representative" means any of
the following:
   (1) A parent or guardian of a minor who is a patient.
   (2) The guardian or conservator of the person of an adult patient.

   (3) An agent as defined in Section 4607 of the Probate Code, to
the extent necessary for the agent to fulfill his or her duties as
set forth in Division 4.7 (commencing with Section 4600) of the
Probate Code.
   (4) The beneficiary as defined in Section 24 of the Probate Code
or personal representative as defined in Section 58 of the Probate
Code, of a deceased patient.
   (f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.
   SEC. 33.   SEC. 34.   Section 123115 of
the Health and Safety Code is amended to read:
   123115.  (a) The representative of a minor shall not be entitled
to inspect or obtain copies of the minor's patient records in either
of the following circumstances:
   (1) With respect to which the minor has a right of inspection
under Section 123110.
   (2) Where the health care provider determines that access to the
patient records requested by the representative would have a
detrimental effect on the provider's professional relationship with
the minor patient or the minor's physical safety or psychological
well-being. The decision of the health care provider as to whether or
not a minor's records are available for inspection or copying under
this section shall not attach any liability to the provider, unless
the decision is found to be in bad faith.
   (b) When a health care provider determines there is a substantial
risk of significant adverse or detrimental consequences to a patient
in seeing or receiving a copy of mental health records requested by
the patient, the provider may decline to permit inspection or provide
copies of the records to the patient, subject to the following
conditions:
         (1) The health care provider shall make a written record, to
be included with the mental health records requested, noting the
date of the request and explaining the health care provider's reason
for refusing to permit inspection or provide copies of the records,
including a description of the specific adverse or detrimental
consequences to the patient that the provider anticipates would occur
if inspection or copying were permitted.
   (2) (A) The health care provider shall permit inspection by, or
provide copies of the mental health records to, a licensed physician
and surgeon, licensed psychologist, licensed marriage and family
therapist, licensed clinical social worker, or licensed professional
clinical counselor, designated by request of the patient.
   (B) Any person registered as a marriage and family therapist
intern, as defined in Chapter 13 (commencing with Section 4980) of
Division 2 of the Business and Professions Code, may not inspect the
patient's mental health records or obtain copies thereof, except
pursuant to the direction or supervision of a licensed professional
specified in subdivision (g) of Section 4980.03 of the Business and
Professions Code. Prior to providing copies of mental health records
to a registered marriage and family therapist intern, a receipt for
those records shall be signed by the supervising licensed
professional.
   (C) Any person registered as a clinical counselor intern, as
defined in Chapter 16 (commencing with Section 4999.10) of Division 2
of the Business and Professions Code, may not inspect the patient's
mental health records or obtain copies thereof, except pursuant to
the direction or supervision of a licensed professional specified in
subdivision (h) of Section 4999.12 of the Business and Professions
Code. Prior to providing copies of mental health records to a person
registered as a clinical counselor intern, a receipt for those
records shall be signed by the supervising licensed professional.
   (D) A licensed physician and surgeon, licensed psychologist,
licensed marriage and family therapist, licensed clinical social
worker, licensed professional clinical counselor, registered marriage
and family therapist intern, or person registered as a clinical
counselor intern to whom the records are provided for inspection or
copying shall not permit inspection or copying by the patient.
   (3) The health care provider shall inform the patient of the
provider's refusal to permit him or her to inspect or obtain copies
of the requested records, and inform the patient of the right to
require the provider to permit inspection by, or provide copies to, a
licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, licensed clinical social worker, or
licensed professional clinical counselor designated by written
authorization of the patient.
   (4) The health care provider shall indicate in the mental health
records of the patient whether the request was made under paragraph
(2).
   SEC. 34.   SEC. 35.   Section 124260 of
the Health and Safety Code is amended to read:
   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 person registered as a marriage and family therapist 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 (g)
of Section 4980.03 of the Business and Professions Code.
   (H) A board certified, or board eligible, psychiatrist.
   (I) A licensed professional clinical counselor, as defined in
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
   (J) A person registered as a clinical counselor intern, as defined
in Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code, while working under the supervision
of a licensed professional specified in subdivision (h) of Section
4999.12 of the Business and Professions Code.
   (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. 35.   SEC. 36.   Section 10133.55
of the Insurance Code is amended to read:
   10133.55.  (a) (1) Except as provided in paragraph (2), every
disability insurer covering hospital, medical, and surgical expenses
on a group basis that contracts with providers for alternative rates
pursuant to Section 10133 and limits payments under those policies to
services secured by insureds and subscribers from providers charging
alternative rates pursuant to these contracts, shall file with the
Department of Insurance, a written policy describing how the insurer
shall facilitate the continuity of care for new insureds or enrollees
receiving services during a current episode of care for an acute
condition from a noncontracting provider. This written policy shall
describe the process used to facilitate continuity of care, including
the assumption of care by a contracting provider.
   (2) On or before July 1, 2002, every disability insurer covering
hospital, medical, and surgical expenses on a group basis that
contracts with providers for alternative rates pursuant to Section
10133 and limits payments under those policies to services secured by
insureds and subscribers from providers charging alternative rates
pursuant to these contracts, shall file with the department a written
policy describing how the insurer shall facilitate the continuity of
care for new enrollees who have been receiving services for an
acute, serious, or chronic mental health condition from a
nonparticipating mental health provider when the enrollee's employer
has changed policies. Every written policy shall allow the new
enrollee a reasonable transition period to continue his or her course
of treatment with the nonparticipating mental health provider prior
to transferring to another participating provider and shall include
the provision of mental health services on a timely, appropriate, and
medically necessary basis from the nonparticipating provider. The
policy may provide that the length of the transition period take into
account the severity of the enrollee's condition and the amount of
time reasonably necessary to effect a safe transfer on a case-by-case
basis. Nothing in this paragraph shall be construed to require the
insurer to accept a nonparticipating mental health provider onto its
panel for treatment of other enrollees. For purposes of the
continuing treatment of the transferring enrollee, the insurer may
require the nonparticipating mental health provider, as a condition
of the right conferred under this section, to enter into the standard
mental health provider contract.
   (b) Notice of the policy and information regarding how enrollees
may request a review under the policy shall be provided to all new
enrollees, except those enrollees who are not eligible as described
in subdivision (e). A copy of the written policy shall be provided to
eligible enrollees upon request. The written policy required to be
filed under subdivision (a) shall describe how requests to continue
services with an existing noncontracting provider are reviewed by the
insurer. The policy shall ensure that reasonable consideration is
given to the potential clinical effect that a change of provider
would have on the insured's or subscriber's treatment for the acute
condition.
   (c) An insurer may require any nonparticipating provider whose
services are continued pursuant to the written policy to agree in
writing to meet the same contractual terms and conditions that are
imposed upon the insurer's participating providers, including
location within the service area, reimbursement methodologies, and
rates of payment. If the insurer determines that a patient's health
care treatment should temporarily continue with the patient's
existing provider or nonparticipating mental health provider, the
insurer shall not be liable for actions resulting solely from the
negligence, malpractice, or other tortious or wrongful acts arising
out of the provision of services by the existing provider or
nonparticipating mental health provider.
   (d) Nothing in this section shall require an insurer to cover
services or provide benefits that are not otherwise covered under the
terms and conditions of the policy contract.
   (e) The written policy shall not apply to any insured or
subscriber who is offered an out-of-network option, or who had the
option to continue with his or her previous health benefits carrier
or provider and instead voluntarily chose to change.
   (f) This section shall not apply to insurer contracts that include
out-of-network coverage under which the insured or subscriber is
able to obtain services from the insured's or subscriber's existing
provider or nonparticipating mental health provider.
   (g) (1) For purposes of this section, "provider" refers to a
person who is described in subdivision (f) of Section 900 of the
Business and Professions Code.
   (2) For purposes of this section, "nonparticipating mental health
provider" refers to a psychiatrist, licensed psychologist, licensed
marriage and family therapist, licensed clinical social worker, or
licensed professional clinical counselor who is not part of the
insurer's contracted provider network.
   (h) This section shall only apply to a group disability insurance
policy if it provides coverage for hospital, medical, or surgical
benefits.
   SEC. 36.   SEC. 37.   Section 10176 of
the Insurance Code is amended to read:
   10176.  (a) In disability insurance, the policy may provide for
payment of medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, acupuncture, professional mental health,
dental, hospital, or optometric expenses upon a reimbursement basis,
or for the exclusion of any of those services, and provision may be
made therein for payment of all or a portion of the amount of charge
for these services without requiring that the insured first pay the
expenses. The policy shall not prohibit the insured from selecting
any psychologist or other person who is the holder of a certificate
or license under Section 1000, 1634, 2050, 2472, 2553, 2630, 2948,
3055, or 4938 of the Business and Professions Code, to perform the
particular services covered under the terms of the policy, the
certificate holder or licensee being expressly authorized by law to
perform those services.
   (b) If the insured selects any person who is a holder of a
certificate under Section 4938 of the Business and Professions Code,
a disability insurer or nonprofit hospital service plan shall pay the
bona fide claim of an acupuncturist holding a certificate pursuant
to Section 4938 of the Business and Professions Code for the
treatment of an insured person only if the insured's policy or
contract expressly includes acupuncture as a benefit and includes
coverage for the injury or illness treated. Unless the policy or
contract expressly includes acupuncture as a benefit, no person who
is the holder of any license or certificate set forth in this section
shall be paid or reimbursed under the policy for acupuncture.
   (c) The policy shall not prohibit the insured, upon referral by a
physician and surgeon licensed under Section 2050 of the Business and
Professions Code, from selecting any licensed clinical social worker
who is the holder of a license issued under Section 4996 of the
Business and Professions Code, any occupational therapist as
specified in Section 2570.2 of the Business and Professions Code, any
marriage and family therapist who is the holder of a license under
Section 4980.50 of the Business and Professions Code, or any
professional clinical counselor who is the holder of a license under
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code, to perform the particular services
covered under the terms of the policy, or from selecting any
speech-language pathologist or audiologist licensed under Section
2532 of the Business and Professions Code or any registered nurse
licensed 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 and is listed as
a psychiatric-mental health nurse by the Board of Registered
Nursing, or any advanced practice registered nurse certified as a
clinical nurse specialist pursuant to Article 9 (commencing with
Section 2838) of Chapter 6 of Division 2 of the Business and
Professions Code who participates in expert clinical practice in the
specialty of psychiatric-mental health nursing, or any respiratory
care practitioner certified pursuant to Chapter 8.3 (commencing with
Section 3700) of Division 2 of the Business and Professions Code to
perform services deemed necessary by the referring physician and
surgeon, that certificate holder, licensee or otherwise regulated
person, being expressly authorized by law to perform the services.
   (d) Nothing in this section shall be construed to allow any
certificate holder or licensee enumerated in this section to perform
professional mental health services beyond his or her field or fields
of competence as established by his or her education, training, and
experience.
   (e) For the purposes of this section:
   (1) "Marriage and family therapist" means a licensed marriage and
family therapist who has received specific instruction in assessment,
diagnosis, prognosis, and counseling, and psychotherapeutic
treatment of premarital, marriage, family, and child relationship
dysfunctions, which is equivalent to the instruction required for
licensure on January 1, 1981.
    (2) "Professional clinical counselor" means a licensed
professional clinical counselor who has received specific instruction
in assessment, diagnosis, prognosis, counseling, and
psychotherapeutic treatment of mental and emotional disorders, which
is equivalent to the instruction required for licensure on January 1,
2012.
   (f) An individual disability insurance policy, which is issued,
renewed, or amended on or after January 1, 1988, which includes
mental health services coverage may not include a lifetime waiver for
that coverage with respect to any applicant. The lifetime waiver of
coverage provision shall be deemed unenforceable.
   SEC. 37.   SEC. 38.   Section 10176.7 of
the Insurance Code is amended to read:
   10176.7.  (a) Disability insurance where the insurer is licensed
to do business in this state and which provides coverage under a
contract of insurance which includes California residents but which
may be written or issued for delivery outside of California where
benefits are provided within the scope of practice of a licensed
clinical social worker, a registered nurse licensed 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 and two years of supervised
experience in psychiatric-mental health nursing, a marriage and
family therapist who is the holder of a license under Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code, a professional clinical counselor who is the holder
of a license under Chapter 16 (commencing with Section 4999.10) of
Division 2 of the Business and Professions Code, or a respiratory
care practitioner certified pursuant to Chapter 8.3 (commencing with
Section 3700) of Division 2 of the Business and Professions Code
shall not be deemed to prohibit persons covered under the contract
from selecting those licensees in California to perform the services
in California that are within the terms of the contract even though
the licensees are not licensed in the state where the contract is
written or issued for delivery.
   (b) It is the intent of the Legislature in amending this section
in the 1984 portion of the 1983-84 Legislative Session that persons
covered by the insurance and those providers of health care specified
in this section who are licensed in California should be entitled to
the benefits provided by the insurance for services of those
providers rendered to those persons.
   SEC. 38.   SEC. 39.   Section 10177 of
the Insurance Code is amended to read:
   10177.  (a) A self-insured employee welfare benefit plan may
provide for payment of professional mental health expenses upon a
reimbursement basis, or for the exclusion of those services, and
provision may be made therein for payment of all or a portion of the
amount of charge for those services without requiring that the
employee first pay those expenses. The plan shall not prohibit the
employee from selecting any psychologist who is the holder of a
certificate issued under Section 2948 of the Business and Professions
Code or, upon referral by a physician and surgeon licensed under
Section 2135 of the Business and Professions Code, any licensed
clinical social worker who is the holder of a license issued under
Section 4996 of the Business and Professions Code or any marriage and
family therapist who is the holder of a certificate or license under
Section 4980.50 of the Business and Professions Code, any
professional clinical counselor who is the holder of a license under
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code, or any registered nurse licensed
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 and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing or
any advanced practice registered nurse certified as a clinical nurse
specialist pursuant to Article 9 (commencing with Section 2838) of
Chapter 6 of Division 2 of the Business and Professions Code who
participates in expert clinical practice in the specialty of
psychiatric-mental health nursing, to perform the particular services
covered under the terms of the plan, the certificate or license
holder being expressly authorized by law to perform these services.
   (b) Nothing in this section shall be construed to allow any
certificate holder or licensee enumerated in this section to perform
professional services beyond his or her field or fields of competence
as established by his or her education, training, and experience.
   (c) For the purposes of this section:
   (1) "Marriage and family therapist" shall mean a licensed marriage
and family therapist who has received specific instruction in
assessment, diagnosis, prognosis, and counseling, and
psychotherapeutic treatment of premarital, marriage, family, and
child relationship dysfunctions, which is equivalent to the
instruction required for licensure on January 1, 1981.
   (2) "Professional clinical counselor" means a licensed
professional clinical counselor who has received specific instruction
in assessment, diagnosis, prognosis, counseling, and
psychotherapeutic treatment of mental and emotional disorders, which
is equivalent to the instruction required for licensure on January 1,
2012.
   (d) A self-insured employee welfare benefit plan, which is issued,
renewed, or amended on or after January 1, 1988, that includes
mental health services coverage in nongroup contracts may not include
a lifetime waiver for that coverage with respect to any employee.
The lifetime waiver of coverage provision shall be deemed
unenforceable.
   SEC. 39.   SEC. 40.   Section 10177.8 of
the Insurance Code is amended to read:
   10177.8.  (a) A self-insured employee welfare benefit plan doing
business in this state and providing coverage that includes
California residents but that may be written or issued for delivery
outside of California where benefits are provided within the scope of
practice of a licensed clinical social worker, a registered nurse
licensed 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 and two years of
supervised experience in psychiatric-mental health nursing, a
marriage and family therapist who is the holder of a license under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, or a professional clinical counselor
who is the holder of a license under Chapter 16 (commencing with
Section 4999.10) of Division 2 of the Business and Professions Code,
shall not be deemed to prohibit persons covered under the plan from
selecting those licensees in California to perform the services in
California that are within the terms of the contract even though the
licensees are not licensed in the state where the contract is written
or issued.
   (b) It is the intent of the Legislature in amending this section
in the 1984 portion of the 1983-84 Legislative Session that persons
covered by the plan and those providers of health care specified in
this section who are licensed in California should be entitled to the
benefits provided by the plan for services of those providers
rendered to those persons.
   SEC. 40.   SEC. 41.   Section 11165.7 of
the Penal Code is amended to read:
   11165.7.  (a) As used in this article, "mandated reporter" is
defined as any of the following:
   (1) A teacher.
   (2) An instructional aide.
   (3) A teacher's aide or teacher's assistant employed by any public
or private school.
   (4) A classified employee of any public school.
   (5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
   (6) An administrator of a public or private day camp.
   (7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
   (8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
   (9) Any employee of a county office of education or the State
Department of Education, whose duties bring the employee into contact
with children on a regular basis.
   (10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
   (11) A Head Start program teacher.
   (12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
   (13) A public assistance worker.
   (14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
   (15) A social worker, probation officer, or parole officer.
   (16) An employee of a school district police or security
department.
   (17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
   (18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
   (19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
   (20) A firefighter, except for volunteer firefighters.
   (21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
   (22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
   (23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
   (24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
   (25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
     (26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
   (27) A coroner.
   (28) A medical examiner, or any other person who performs
autopsies.
   (29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
   (30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
   (31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
   (A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
   (B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
   (32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
   (33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
   (34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
   (35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
   (36) A custodial officer as defined in Section 831.5.
   (37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
   (38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not in and
of itself a sufficient basis for reporting child abuse or neglect.
   (39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
   (40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
   (b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
   (c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
   (d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
   (e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
   (f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
   SEC. 41.   SEC. 42.   Section 4514 of
the Welfare and Institutions Code, as amended by Section 100 of
Chapter 178 of the Statutes of 2010, is amended to read:
   4514.  All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
   (a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
   (b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician and surgeon,
psychologist, social worker, marriage and family therapist,
professional clinical counselor, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
   (c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
   (d) If the person with a developmental disability is a minor,
ward, or conservatee, and his or her parent, guardian, conservator,
or limited conservator with access to confidential records,
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this chapter shall be construed to
compel a physician and surgeon, psychologist, social worker,
marriage and family therapist, professional clinical counselor,
nurse, attorney, or other professional to reveal information that has
been given to him or her in confidence by a family member of the
person unless a valid release has been executed by that family
member.
   (e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
                    "" ____________________________
                                  Date


   As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
   I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
                        ________________________''
                                  Signed


   (f) To the courts, as necessary to the administration of justice.
   (g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
   (h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
   (i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
Section 6502 of the Welfare and Institutions Code, and Section 56557
of Title 17 of the California Code of Regulations.
   (j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician and surgeon, psychologist,
social worker, marriage and family therapist, professional clinical
counselor, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
   (k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
   (l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
   (m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician and surgeon in charge of the client, or the
professional in charge of the facility or his or her designee, shall
release information and records to the coroner. The State Department
of Developmental Services, the physician and surgeon in charge of the
client, or the professional in charge of the facility or his or her
designee, shall not release any notes, summaries, transcripts, tapes,
or records of conversations between the resident and health
professional personnel of the hospital relating to the personal life
of the resident that is not related to the diagnosis and treatment of
the resident's physical condition. Any information released to the
coroner pursuant to this section shall remain confidential and shall
be sealed and shall not be made part of the public record.
   (n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities, and to ensure that
the standards of care and services provided in these facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the person with a
developmental disability.
   (o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
   (p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in any provision listed in Section 16590 of the
Penal Code.
   This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
   This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
   (q) To the Division of Juvenile Facilities and Department of
Corrections and Rehabilitation or any component thereof, as necessary
to the administration of justice.
   (r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
   (s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
   (1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
   (2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
   (t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
   (A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
   (B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
   (C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
   (i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
   (ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
   (I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
   (II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
   (III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
   (2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
   (3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
   (4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
   (5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
   SEC. 42.   SEC. 43.   Section 5256.1 of
the Welfare and Institutions Code is amended to read:
   5256.1.  The certification review hearing shall be conducted by
either a court-appointed commissioner or a referee, or a
certification review hearing officer. The certification review
hearing officer shall be either a state qualified administrative law
hearing officer, a physician and surgeon, a licensed psychologist, a
registered nurse, a lawyer, a certified law student, a licensed
clinical social worker, a licensed marriage and family therapist, or
a licensed professional clinical counselor. Licensed psychologists,
licensed clinical social workers, licensed marriage and family
therapists, licensed professional clinical counselors, and registered
nurses who serve as certification review hearing officers shall have
had a minimum of five years' experience in mental health.
Certification review hearing officers shall be selected from a list
of eligible persons unanimously approved by a panel composed of the
local mental health director, the county public defender, and the
county counsel or district attorney designated by the county board of
supervisors. No employee of the county mental health program or of
any facility designated by the county and approved by the State
Department of Mental Health as a facility for 72-hour treatment and
evaluation may serve as a certification review hearing officer.
   The location of the certification review hearing shall be
compatible with, and least disruptive of, the treatment being
provided to the person certified. In addition, hearings conducted by
certification review officers shall be conducted at an appropriate
place at the facility where the person certified is receiving
treatment.
   SEC. 43.   SEC. 44.   Section 5328 of
the Welfare and Institutions Code is amended to read:
   5328.  All information and records obtained in the course of
providing services under Division 4 (commencing with Section 4000),
Division 4.1 (commencing with Section 4400), Division 4.5 (commencing
with Section 4500), Division 5 (commencing with Section 5000),
Division 6 (commencing with Section 6000), or Division 7 (commencing
with Section 7100), to either voluntary or involuntary recipients of
services shall be confidential. Information and records obtained in
the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
   (a) In communications between qualified professional persons in
the provision of services or appropriate referrals, or in the course
of conservatorship proceedings. The consent of the patient, or his or
her guardian or conservator, shall be obtained before information or
records may be disclosed by a professional person employed by a
facility to a professional person not employed by the facility who
does not have the medical or psychological responsibility for the
patient's care.
   (b) When the patient, with the approval of the physician and
surgeon, licensed psychologist, social worker with a master's degree
in social work, licensed marriage and family therapist, or licensed
professional clinical counselor who is
                 in charge of the patient, designates persons to whom
information or records may be released, except that nothing in this
article shall be construed to compel a physician and surgeon,
licensed psychologist, social worker with a master's degree in social
work, licensed marriage and family therapist, licensed professional
clinical counselor, nurse, attorney, or other professional person to
reveal information that has been given to him or her in confidence by
members of a patient's family. Nothing in this subdivision shall be
construed to authorize a licensed marriage and family therapist or a
licensed professional clinical counselor to provide services or to be
in charge of a patient's care beyond his or her lawful scope of
practice.
   (c) To the extent necessary for a recipient to make a claim, or
for a claim to be made on behalf of a recipient for aid, insurance,
or medical assistance to which he or she may be entitled.
   (d) If the recipient of services is a minor, ward, or conservatee,
and his or her parent, guardian, guardian ad litem, or conservator
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this article shall be construed to
compel a physician and surgeon, licensed psychologist, social worker
with a master's degree in social work, licensed marriage and family
therapist, licensed professional clinical counselor, nurse, attorney,
or other professional person to reveal information that has been
given to him or her in confidence by members of a patient's family.
   (e) For research, provided that the Director of Mental Health or
the Director of Developmental Services designates by regulation,
rules for the conduct of research and requires the research to be
first reviewed by the appropriate institutional review board or
boards. The rules shall include, but need not be limited to, the
requirement that all researchers shall sign an oath of
confidentiality as follows:
                              Date


   As a condition of doing research concerning persons who have
received services from ____ (fill in the facility, agency or person),
I, ____, agree to obtain the prior informed consent of such persons
who have received services to the maximum degree possible as
determined by the appropriate institutional review board or boards
for protection of human subjects reviewing my research, and I further
agree not to divulge any information obtained in the course of such
research to unauthorized persons, and not to publish or otherwise
make public any information regarding persons who have received
services such that the person who received services is identifiable.
   I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.

   (f) To the courts, as necessary to the administration of justice.
   (g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
   (h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
   (i) If the recipient of services who applies for life or
disability insurance designates in writing the insurer to which
records or information may be disclosed.
   (j) To the attorney for the patient in any and all proceedings
upon presentation of a release of information signed by the patient,
except that when the patient is unable to sign the release, the staff
of the facility, upon satisfying itself of the identity of the
attorney, and of the fact that the attorney does represent the
interests of the patient, may release all information and records
relating to the patient except that nothing in this article shall be
construed to compel a physician and surgeon, licensed psychologist,
social worker with a master's degree in social work, licensed
marriage and family therapist, licensed professional clinical
counselor, nurse, attorney, or other professional person to reveal
information that has been given to him or her in confidence by
members of a patient's family.
   (k) Upon written agreement by a person previously confined in or
otherwise treated by a facility, the professional person in charge of
the facility or his or her designee may release any information,
except information that has been given in confidence by members of
the person's family, requested by a probation officer charged with
the evaluation of the person after his or her conviction of a crime
if the professional person in charge of the facility determines that
the information is relevant to the evaluation. The agreement shall
only be operative until sentence is passed on the crime of which the
person was convicted. The confidential information released pursuant
to this subdivision shall be transmitted to the court separately from
the probation report and shall not be placed in the probation
report. The confidential information shall remain confidential except
for purposes of sentencing. After sentencing, the confidential
information shall be sealed.
   (l) (1) Between persons who are trained and qualified to serve on
multidisciplinary personnel teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the provision of child welfare services or the
investigation, prevention, identification, management, or treatment
of child abuse or neglect pursuant to Chapter 11 (commencing with
Section 18950) of Part 6 of Division 9. Information obtained pursuant
to this subdivision shall not be used in any criminal or delinquency
proceeding. Nothing in this subdivision shall prohibit evidence
identical to that contained within the records from being admissible
in a criminal or delinquency proceeding, if the evidence is derived
solely from means other than this subdivision, as permitted by law.
   (2) As used in this subdivision, "child welfare services" means
those services that are directed at preventing child abuse or
neglect.
   (m) To county patients' rights advocates who have been given
knowing voluntary authorization by a client or a guardian ad litem.
The client or guardian ad litem, whoever entered into the agreement,
may revoke the authorization at any time, either in writing or by
oral declaration to an approved advocate.
   (n) To a committee established in compliance with Section 4070.
   (o) In providing information as described in Section 7325.5.
Nothing in this subdivision shall permit the release of any
information other than that described in Section 7325.5.
   (p) To the county mental health director or the director's
designee, or to a law enforcement officer, or to the person
designated by a law enforcement agency, pursuant to Sections 5152.1
and 5250.1.
   (q) If the patient gives his or her consent, information
specifically pertaining to the existence of genetically handicapping
conditions, as defined in Section 125135 of the Health and Safety
Code, may be released to qualified professional persons for purposes
of genetic counseling for blood relatives upon request of the blood
relative. For purposes of this subdivision, "qualified professional
persons" means those persons with the qualifications necessary to
carry out the genetic counseling duties under this subdivision as
determined by the genetic disease unit established in the State
Department of Health Care Services under Section 125000 of the Health
and Safety Code. If the patient does not respond or cannot respond
to a request for permission to release information pursuant to this
subdivision after reasonable attempts have been made over a two-week
period to get a response, the information may be released upon
request of the blood relative.
   (r) When the patient, in the opinion of his or her
psychotherapist, presents a serious danger of violence to a
reasonably foreseeable victim or victims, then any of the information
or records specified in this section may be released to that person
or persons and to law enforcement agencies and county child welfare
agencies as the psychotherapist determines is needed for the
protection of that person or persons. For purposes of this
subdivision, "psychotherapist" means anyone so defined within Section
1010 of the Evidence Code.
   (s) (1) To the designated officer of an emergency response
employee, and from that designated officer to an emergency response
employee regarding possible exposure to HIV or AIDS, but only to the
extent necessary to comply with provisions of the federal Ryan White
Comprehensive AIDS Resources Emergency Act of 1990 (Public Law
101-381; 42 U.S.C. Sec. 201).
   (2) For purposes of this subdivision, "designated officer" and
"emergency response employee" have the same meaning as these terms
are used in the  federal  Ryan White Comprehensive AIDS
Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec.
201).
   (3) The designated officer shall be subject to the confidentiality
requirements specified in Section 120980, and may be personally
liable for unauthorized release of any identifying information about
the HIV results. Further, the designated officer shall inform the
exposed emergency response employee that the employee is also subject
to the confidentiality requirements specified in Section 120980, and
may be personally liable for unauthorized release of any identifying
information about the HIV test results.
   (t) (1) To a law enforcement officer who personally lodges with a
facility, as defined in paragraph (2), a warrant of arrest or an
abstract of such a warrant showing that the person sought is wanted
for a serious felony, as defined in Section 1192.7 of the Penal Code,
or a violent felony, as defined in Section 667.5 of the Penal Code.
The information sought and released shall be limited to whether or
not the person named in the arrest warrant is presently confined in
the facility. This paragraph shall be implemented with minimum
disruption to health facility operations and patients, in accordance
with Section 5212. If the law enforcement officer is informed that
the person named in the warrant is confined in the facility, the
officer may not enter the facility to arrest the person without
obtaining a valid search warrant or the permission of staff of the
facility.
   (2) For purposes of paragraph (1), a facility means all of the
following:
   (A) A state hospital, as defined in Section 4001.
   (B) A general acute care hospital, as defined in subdivision (a)
of Section 1250 of the Health and Safety Code, solely with regard to
information pertaining to a mentally disordered person subject to
this section.
   (C) An acute psychiatric hospital, as defined in subdivision (b)
of Section 1250 of the Health and Safety Code.
   (D) A psychiatric health facility, as described in Section 1250.2
of the Health and Safety Code.
   (E) A mental health rehabilitation center, as described in Section
5675.
   (F) A skilled nursing facility with a special treatment program
for chronically mentally disordered patients, as described in
Sections 51335 and 72445 to 72475, inclusive, of Title 22 of the
California Code of Regulations.
   (u) Between persons who are trained and qualified to serve on
multidisciplinary personnel teams pursuant to Section 15610.55,
15753.5, or 15761. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused elder or dependent adult pursuant to Chapter
13 (commencing with Section 15750) of Part 3 of Division 9.
   (v) The amendment of subdivision (d) enacted at the 1970 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, the preexisting law.
   (w) This section shall not be limited by Section 5150.05 or 5332.
   (x) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
   (A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
   (B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
   (C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
   (i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
   (ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
   (I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
   (II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents from any source containing confidential information
protected by this section, and all copies of those records and
documents, within 10 days of the date that the adverse action becomes
final except for the actual records and documents or copies thereof
that are no longer in the possession of the employee or the employee'
s legal representative because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
   (III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
   (2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents or
copies thereof that are no longer in the possession of the employee
or the employee's legal representatives because they were submitted
to the administrative tribunal as a component of an appeal from the
adverse action.
   (3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
   (4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
   (5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
   SEC. 44.   SEC. 45.   Section 5328.04 of
the Welfare and Institutions Code is amended to read:
   5328.04.  (a) Notwithstanding Section 5328, information and
records made confidential under that section may be disclosed to a
county social worker, a probation officer, or any other person who is
legally authorized to have custody or care of a minor, for the
purpose of coordinating health care services and medical treatment,
as defined in subdivision (b) of Section 56.103 of the Civil Code,
mental health services, or services for developmental disabilities,
for the minor.
   (b) Information disclosed under subdivision (a) shall not be
further disclosed by the recipient unless the disclosure is for the
purpose of coordinating health care services and medical treatment,
or mental health or developmental disability services, for the minor
and only to a person who would otherwise be able to obtain the
information under subdivision (a) or any other provision of law.
   (c) Information disclosed pursuant to this section shall not be
admitted into evidence in any criminal or delinquency proceeding
against the minor. Nothing in this subdivision shall prohibit
identical evidence from being admissible in a criminal proceeding if
that evidence is derived solely from lawful means other than this
section and is permitted by law.
   (d) Nothing in this section shall be construed to compel a
physician and surgeon, licensed psychologist, social worker with a
master's degree in social work, licensed marriage and family
therapist, licensed professional clinical counselor, nurse, attorney,
or other professional person to reveal information, including notes,
that has been given to him or her in confidence by the minor or
members of the minor's family.
   (e) The disclosure of information pursuant to this section is not
intended to limit disclosure of information when that disclosure is
otherwise required by law.
   (f) Nothing in this section shall be construed to expand the
authority of a social worker, probation officer, or custodial
caregiver beyond the authority provided under existing law to a
parent or a patient representative regarding access to confidential
information.
   (g) As used in this section, "minor" means a minor taken into
temporary custody or for whom a petition has been filed with the
court, or who has been adjudged a dependent child or ward of juvenile
court pursuant to Section 300 or 601.
   (h) Information and records that may be disclosed pursuant to this
section do not include psychotherapy notes, as defined in Section
164.501 of Title 45 of the Code of Federal Regulations.
   SEC. 45.   SEC. 46.   Section 5696.5 of
the Welfare and Institutions Code is amended to read:
   5696.5.  Prior to the opening of a facility, the board of
directors shall establish written program standards and policies and
procedures, approved by the Division of Juvenile Facilities that
address and include, but are not limited to, the following:
   (a) A staffing number and pattern that meets the special behavior,
supervision, treatment, health, and educational needs of the
population described in this chapter. Staff shall be qualified to
provide intensive treatment and services and shall include, at a
minimum:
   (1) A project or clinical director, a psychiatrist or
psychologist, a social worker, a registered nurse, and a recreation
or occupational therapist.
   (2) A pediatrician and a dentist, and a licensed marriage and
family therapist or a licensed professional clinical counselor, or
both of those professionals, on an as-needed basis.
   (3) Educational staff in sufficient number and with the
qualifications needed to meet the population served.
   (4) Child care staff in sufficient numbers and with the
qualifications needed to meet the special needs of the population.
   (b) Programming to meet the needs of all wards admitted,
including, but not limited to, all of the following:
   (1) Physical examinations on admission and ongoing health care.
   (2) Appropriate and closely monitored use of all behavioral
management techniques.
   (3) The establishment of written, individual treatment and
educational plans and goals for each ward within 10 days of admission
and which are updated at least quarterly.
   (4) Written discharge planning that addresses each ward's
continued treatment, educational, and supervision needs.
   (5) Regular, written progress records regarding the care and
treatment of each ward.
   (6) Regular and structured treatment of all wards, including, but
not limited to, individual, group and family therapy, psychological
testing, medication, and occupational, or recreational therapy.
   (7) Access to neurological testing and laboratory work as needed.
   (8) The opportunity for regular family contact and involvement.
   (9) A periodic review of the continued need for treatment within
the facility.
   (10) Educational programming, including special education as
needed.
   SEC. 46.   SEC. 47.  Section 5751 of the
Welfare and Institutions Code is amended to read:
   5751.  (a) Regulations pertaining to the qualifications of
directors of local mental health services shall be administered in
accordance with Section 5607. These standards may include the
maintenance of records of service which shall be reported to the
State Department of Mental Health in a manner and at times as it may
specify.
   (b) Regulations pertaining to the position of director of local
mental health services, where the local director is other than the
local health officer or medical administrator of the county
hospitals, shall require that the director be a psychiatrist,
psychologist, clinical social worker, marriage and family therapist,
professional clinical counselor, registered nurse, or hospital
administrator, who meets standards of education and experience
established by the Director of Mental Health. Where the director is
not a psychiatrist, the program shall have a psychiatrist licensed to
practice medicine in this state and who shall provide to patients
medical care and services as authorized by Section 2051 of the
Business and Professions Code.
   (c) The regulations shall be adopted in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
  SEC. 47.   SEC. 48.   Section 5751.2 of
the Welfare and Institutions Code is amended to read:
   5751.2.  (a) Except as provided in this section, persons employed
or under contract to provide mental health services pursuant to this
part shall be subject to all applicable requirements of law regarding
professional licensure, and no person shall be employed in local
mental health programs pursuant to this part to provide services for
which a license is required, unless the person possesses a valid
license.
   (b) Persons employed as psychologists and clinical social workers,
while continuing in their employment in the same class as of January
1, 1979, in the same program or facility, including those persons on
authorized leave, but not including intermittent personnel, shall be
exempt from the requirements of subdivision (a).
   (c) While registered with the licensing board of jurisdiction for
the purpose of acquiring the experience required for licensure,
persons employed or under contract to provide mental health services
pursuant to this part as clinical social workers, marriage and family
therapists, or professional clinical counselors shall be exempt from
subdivision (a). Registration shall be subject to regulations
adopted by the appropriate licensing board.
   (d) The requirements of subdivision (a) shall be waived by the
department for persons employed or under contract to provide mental
health services pursuant to this part as psychologists who are
gaining the experience required for licensure. A waiver granted under
this subdivision may not exceed five years from the date of
employment by, or contract with, a local mental health program for
persons in the profession of psychology.
   (e) The requirements of subdivision (a) shall be waived by the
department for persons who have been recruited for employment from
outside this state as psychologists, clinical social workers,
marriage and family therapists, or professional clinical counselors
and whose experience is sufficient to gain admission to a licensing
examination. A waiver granted under this subdivision may not exceed
three years from the date of employment by, or contract with, a local
mental health program for persons in these four professions who are
recruited from outside this state.
   SEC. 48.   SEC. 49.  Section 15610.37 of
the Welfare and Institutions Code is amended to read:
   15610.37.  "Health practitioner" means a physician and surgeon,
psychiatrist, psychologist, dentist, resident, intern, podiatrist,
chiropractor, registered nurse, dental hygienist, licensed clinical
social worker or associate clinical social worker, marriage and
family therapist, licensed professional clinical counselor, or any
other person who is currently licensed under Division 2 (commencing
with Section 500) of the Business and Professions Code, any emergency
medical technician I or II, paramedic, or person certified pursuant
to Division 2.5 (commencing with Section 1797) of the Health and
Safety Code, a psychological assistant registered pursuant to Section
2913 of the Business and Professions Code, a marriage and family
therapist trainee, as defined in subdivision (c) of Section 4980.03
of the Business and Professions Code, an unlicensed marriage and
family therapist intern registered under Section 4980.44 of the
Business and Professions Code, a clinical counselor trainee, as
defined in subdivision (g) of Section 4999.12 of the Business and
Professions Code, a clinical counselor intern registered under
Section 4999.42 of the Business and Professions Code, a state or
county public health or social service employee who treats an elder
or a dependent adult for any condition, or a coroner.
   SEC. 49.   SEC. 50.   No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because                                           this act creates a
new crime or infraction, eliminates a crime or infraction, or changes
the penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.