BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 146
                                                                  Page  1

          SENATE THIRD READING
          SB 146 (Wyland)
          As Amended  August 18, 2011
          Majority vote

           SENATE VOTE  :37-0  
           
           BUSINESS & PROFESSIONS       9-0JUDICIARY           9-0         
           
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          |Ayes:|Hayashi, Bill Berryhill,  |Ayes:|Feuer, Wagner, Atkins,    |
          |     |Allen, Butler, Eng,       |     |Dickinson, Beth Gaines,   |
          |     |Hagman, Hill, Ma, Smyth   |     |Huber, Jones, Monning,    |
          |     |                          |     |Wieckowski                |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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          APPROPRIATIONS      16-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Harkey,          |     |                          |
          |     |Blumenfield, Bradford,    |     |                          |
          |     |Charles Calderon, Campos, |     |                          |
          |     |Davis, Donnelly,          |     |                          |
          |     |Dickinson, Hall, Hill,    |     |                          |
          |     |Lara, Nielsen, Norby,     |     |                          |
          |     |Solorio, Wagner           |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :   Adds licensed professional clinical counselors 
          (LPCC), LPCC trainees, and LPCC interns to various provisions of 
          existing law.  Specifically,  this bill  :   

          1)Adds LPCCs to existing provisions of law requiring certain 
            licensees to complete training in human sexuality and 
            authorizes the Board of Behavioral Sciences (BBS) to adopt 
            education and training for LPCCs related to chemical 
            dependency and the assessment and treatment of acquired immune 
            deficiency syndrome (AIDS).  

          2)Adds LPCCs to the list of licensees which BBS must provide 
            license status information on the Internet.  

          3)Adds LPCCs to the list of licensees exempted from certain 
            patient notification requirements, as specified.








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          4)Adds LPCCs to the existing provisions of law requiring 
            insurers providing liability insurance and state or local 
            government agencies that self insure to report certain 
            settlement or arbitration awards, and requiring a licensee to 
            report to the board certain settlements, judgments, or 
            arbitration awards. 

          5)Adds LPCCs to the existing provisions of law regarding the 
            peer review process, as specified. 

          6)Adds fees for rescoring an examination, issuance of a 
            replacement license or registration, and letter or certificate 
            of good standing to the list of LPCC fees, as specified.

          7)Adds provisions to existing provisions of law for LPCC 
            corporations, as specified.

          8)Includes LPCCs in existing provisions of law prohibiting 
            monetary liability or cause of action for damages against 
            certain professional societies or its members acting within 
            the scope of functions for that society, as specified.

          9)Includes LPCCs, LPCC interns, and LPCC trainees in existing 
            provisions of law providing a cause of action against a 
            psychotherapist for injury caused by sexual contact with the 
            psychotherapist, as specified.

          10)Adds LPCCs to the list of licensees permitted to be 
            shareholders, officers, directors, or professional employees 
            of other professional corporations, as specified.

          11)Adds professional clinical counseling in the law requesting 
            that the California State University, University of 
            California, and California Community Colleges develop 
            standards and guidelines for specified curriculum.  

          12)Adds testimony from a witness who has undergone hypnosis by a 
            LPCC to admissible testimony in a criminal proceeding if 
            specified conditions are met. 

          13)Includes LPCCs, LPCC interns and LPCC trainees to the list of 
            practitioners that are defined as a psychotherapist, as 
            specified.









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          14)Extends the patient-psychotherapist privilege to confidential 
            communications made between a patient and his or her LPCC, 
            LPCC intern, LPCC trainee, or LPCC corporation.  

          15)Provides that the proceedings and records of committees or 
            peer review bodies of LPCC are not subject to discovery, as 
            specified.

          16)Adds LPCCs to the list of eligible providers which the family 
            law division of the superior court may contract with for 
            supervised visitation and exchange services, education, and 
            group counseling. 

          17)Extends the existing provisions of law governing mental 
            health treatment or counseling services and residential 
            shelter services to minors by professional persons to LPCCs 
            and LPCC interns.  

          18)Extends to LPCCs the provisions of law prohibiting the 
            licensure requirements of healing arts personnel in the state 
            and other government health facilities licensed by the state 
            from being any less than those of professional personnel in 
            health facilities under private ownership, subject to certain 
            waivers, as specified.

          19)Requires a health care service plan that provides telephone 
            medical advice services to ensure that any LPCCs providing 
            those services are licensed, as specified.

          20)Adds LPCCs to the list of contracting providers a health care 
            service plan is required to provide an enrollee or prospective 
            enrollee, upon request, within that person's geographic area, 
            as specified. 

          21)Adds LPCCs to the list of healing arts professionals that a 
            health care service plan may not prohibit an enrollee from 
            selecting. 

          22)Includes LPCCs in the existing provisions of law related to 
            health insurance policies written or issued for delivery 
            outside of California and where benefits are provided within 
            the scope of practice of certain healing arts licensees, as 
            specified.

          23)Includes LPCCs in the definition of a health care provider 








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            and in provisions of law allowing health care providers to 
            prohibit inspection of a minor's patient records under certain 
            conditions, as specified.

          24)Includes LPCCs and LPCC interns in the list of professional 
            persons who may provide mental health treatment or counseling 
            services.

          25)Adds LPCCs to existing provisions of law related to 
            disability insurance and self-insured employee welfare benefit 
            plans, as specified.

          26)Adds LPCCs, LPCC interns, and LPCC trainees to the list of 
            mandated reporters.

          27)Adds LPCCs to existing provisions of law governing 
            confidentiality of patient records when practicing at 
            institutions for the developmentally disabled or mental 
            hospitals.

          28)Adds LPCCs to existing provisions of law related to staffing 
            requirements at local mental health facilities, as specified.

          29)Double joints this bill to SB 704 (Negrete McLeod) and SB 368 
            (Liu), as specified.

          30)Makes technical and conforming changes.

           EXISTING LAW  provides for the licensure and regulation of LPCCs 
          by BBS.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, negligible state fiscal impact. 

           COMMENTS  :  According to the author, "The sole purpose of SB 146 
          is to add LPCCs to the state codes where marriage and family 
          therapists, a long-standing comparable profession, are already 
          included.  Current law authorizes licenses for qualified LPCCs.  
          The codes need to be updated to bring them in line with the new 
          LPCC law.  These amendments will allow LPCCs to be effectively 
          utilized in California."

          This bill makes conforming and clean up changes relating to the 
          provisions of SB 788 (Wyland), Chapter 619, Statutes of 2009, 
          which enacted the LPCC Act, providing for the licensing and 








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          regulation of LPCCs in California.  That bill was the final step 
          in a multi-year effort to establish LPCC licensure in 
          California.  


           Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916) 
          319-3301 

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