BILL NUMBER: SB 578	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 9, 2014
	AMENDED IN ASSEMBLY  MAY 14, 2014
	AMENDED IN SENATE  APRIL 25, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wyland

                        FEBRUARY 22, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 578, as amended, Wyland.  Marriage and family
therapists:   Behavioral sciences:  records
retention.
   Existing law  , the Licensed Marriage and Family Therapist
Act,  provides for the licensure or registration and the
regulation of marriage and family therapists  , licensed
educational psychologists, licensed clinical social workers, and
licensed professional clinical counselors  by the Board of
Behavioral Sciences, and makes a violation of  the law
  those laws  a misdemeanor.
   This bill would require, for a  client or  patient whose
therapy is terminated on or after January 1, 2015, a marriage and
family therapist  , licensed educational psychologist, licensed
clinical social worker, or licensed professional clinical counselor
 to retain the  client's or  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  client's or
minor  patient's health service records to be retained for a
minimum of 7 years from the date the  client or  patient
reaches 18 years of age. Because a violation of  the bill
  these requirements  would be a crime,  it
  the bill  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 
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  client or  the 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.
   SEC.   2.    Section 4989.51 is added to the
  Business and Professions Code   , to read: 

   4989.51.  (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. 
   SEC.   3.    Section 4993 is added to the
  Business and Professions Code   , immediately
following Section 4992.10, to read:  
   4993.  (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.

   SEC.   4.    Section 4999.75 is added to the
  Business and Professions Code   , to read: 

   4999.75.  (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.

   SEC. 2.   SEC. 5.   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.