Amended in Assembly June 9, 2014

Amended in Assembly May 14, 2014

Amended in Senate April 25, 2013

Amended in Senate April 1, 2013

Senate Bill No. 578

Introduced by Senator Wyland

February 22, 2013

An act to add begin delete Section 4980.49 end delete begin insert Sections 4980.49, 4989.51, 4993, and 4999.75, end insert to the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 578, as amended, Wyland. begin delete Marriage and family therapists: end delete begin insert Behavioral sciences: end insert records retention.

Existing law begin delete , the Licensed Marriage and Family Therapist Act, end delete provides for the licensure or registration and the regulation of marriage and family therapists begin insert , licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors end insert by the Board of Behavioral Sciences, and makes a violation of begin delete the law end delete begin insert those laws end insert a misdemeanor.

This bill would require, for a begin insert client or end insert patient whose therapy is terminated on or after January 1, 2015, a marriage and family therapist begin insert , licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor end insert to retain the begin insert client’s or end insert patient’s health service records for a minimum of 7 years from the date therapy is terminated. The bill would, in this regard, require a minor begin insert client’s or minor end insert patient’s health service records to be retained for a minimum of 7 years from the date the begin insert client or end insert patient reaches 18 years of age. Because a violation of begin delete the bill end delete begin insert these requirements end insert would be a crime, begin delete it end delete begin insert the bill end insert would impose a state-mandated local program.

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 4980.49 is added to the Business and
Professions Code, to read:

4980.49.  

(a) A marriage and family therapist shall retain a
begin insert client’s or end insert patient’s health service records for a minimum of seven
years from the date therapy is terminated. If the begin insert client or end insert patient
is a minor, the begin insert client’s or end insert patient’s health service records shall be
retained for a minimum of seven years from the date begin insert client or end insert the
patient reaches 18 years of age.

(b) This section shall apply only to the records of a begin insert client or end insert
patient whose therapy is terminated on or after January 1, 2015.

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 4989.51 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 4989.51. end insert   

(a) A licensed educational psychologist shall retain
a client’s health service records for a minimum of seven years
from the date therapy is terminated. If the client is a minor, the
client’s health service records shall be retained for a minimum of
seven years from the date the client reaches 18 years of age.

(b) This section shall apply only to the records of a client whose
therapy is terminated on or after January 1, 2015.

end insert

begin insert

begin insert SEC. end insert begin insert 3. end insert   

end insert

begin insert Section 4993 is added to the end insert begin insert Business and Professions
Code end insert begin insert , immediately following Section 4992.10, to read: end insert

begin insert

begin insert 4993. end insert   

(a) A licensed clinical social worker shall retain a
client’s or patient’s health service records for a minimum of seven
years from the date therapy is terminated. If the client or patient
is a minor, the client’s or patient’s health service records shall be
retained for a minimum of seven years from the date the client or
patient reaches 18 years of age.

(b) This section shall apply only to the records of a client or
patient whose therapy is terminated on or after January 1, 2015.

end insert

begin insert

begin insert SEC. end insert begin insert 4. end insert   

end insert

begin insert Section 4999.75 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 4999.75. end insert   

(a) A licensed professional clinical counselor shall
retain a client’s or patient’s health service records for a minimum
of seven years from the date therapy is terminated. If the client or
patient is a minor, the client’s or patient’s health service records
shall be retained for a minimum of seven years from the date the
client or patient reaches 18 years of age.

(b) This section shall apply only to the records of a client or
patient whose therapy is terminated on or after January 1, 2015.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 5. end insert   

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.