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 ----------------------------------------------------------------- |Ayes:|Hayashi, Bill Berryhill, |Ayes:|Feuer, Wagner, Atkins, | | |Allen, Butler, Eng, | |Dickinson, Beth Gaines, | | |Hagman, Hill, Ma, Smyth | |Huber, Jones, Monning, | | | | |Wieckowski | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Fuentes, Harkey, | | | | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Davis, Donnelly, | | | | |Dickinson, Hall, Hill, | | | | |Lara, Nielsen, Norby, | | | | |Solorio, Wagner | | | | | | | | ----------------------------------------------------------------- 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. SB 146 Page 2 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. SB 146 Page 3 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 SB 146 Page 4 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 SB 146 Page 5 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 FN: 0001831