BILL ANALYSIS Ó
-----------------------------------------------------------------------
|Hearing Date:August 13, 2014 |Bill No:SB |
| |578 |
-----------------------------------------------------------------------
SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: SB 578Author:Wyland
As Amended:June 23, 2014 Fiscal: Yes
SUBJECT: Behavioral sciences: records retention.
SUMMARY: Requires that marriage and family therapists (LMFTs),
licensed educational psychologists (LEPs), licensed clinical social
workers (LCSWs) and licensed professional clinical counselors (LPCCs)
retain patients' records, in written or electronic format, for a
minimum of seven years from the date services are terminated. In the
case of a minor, the records would be retained seven years from the
date the client or patient turns 18 years of age.
NOTE : The Assembly amendments rewrites the bill as passed by the
Senate and this measure has been referred to this Committee pursuant
to Senate Rule 29.10 (d) for consideration. The Committee may by a
vote of the majority either: (1) hold the bill, or
(2) return the bill to the Senate floor for consideration of the bill
as amended in the Assembly.
Existing law:
1) Requires licensed providers of health services, if the licensee
ceases operation, to preserve records for a minimum of seven years
following discharge of the patient, except that the records of
un-emancipated minors shall be kept at least one year after the
minor has reached the age of 18 years, and in any case, not less
than seven years, as specified.
(Health and Safety Code § 123145)
2) Requires a licensed psychologist to retain a patient's health
service records for a minimum of seven years from the patient's
discharge date and specifies that if the patient is a minor, the
SB 578
Page 2
patient's health service records shall be retained for a minimum of
seven years from the date the patient reaches 18 years of age.
(Business and Profession Code (BPC) § 2919)
This bill:
1) Requires a LMFT, LEP, LCSW and an LPCC to retain a patient or
client's health service record, in written or electronic format,
for a minimum of seven years from the date therapy is terminated.
2) Specifies that if the patient or client is a minor, the health
services records must be retained for a minimum of seven years from
the date the patient reaches 18 years of age.
3) States that the recordkeeping provisions only apply to patient or
client records whose therapy is terminated on or after January 1,
2015.
FISCAL EFFECT: According to the June 23, 2014, Assembly Committee on
Appropriations analysis, State departments that employ the specified
types of mental health professionals, including Department of
Corrections and Rehabilitation, Department of State Hospitals, and
Department of Developmental Services, would ensure records are
retained in compliance with this bill. Costs to do this are expected
to be minor to negligible, particularly as many patient records are
now stored electronically.
COMMENTS:
1.Purpose. This bill is sponsored by the California Association of
Marriage and Family Therapists . According to the Author, existing
law contains a seven year record retention requirement for patients'
records in health facilities, licensed clinics (including mental
health clinics), skilled nursing services in the home, providers of
adult day health care, but not for [the mental health professionals
licensed by the Board of Behavioral Sciences]. In 2006,
psychologists added BPC § 2919 to their licensing law to require
retention of health care records for a minimum of seven years after
termination with the client. The Author is modeling this bill after
BPC § 2919.
2.Background.
a) Varied patient healthcare recordkeeping requirements.
Currently, there is no uniform standard for patient record
retention in California, especially for many in private practice.
SB 578
Page 3
For example, physicians are not required to maintain patient
medical records for a specific amount of time. However, current
law requires certain healthcare facilities such as healthcare
clinics, health facilities, adult day health centers and skilled
nursing facilities to preserve patient records for a minimum of
seven years following discharge of the patient, and the records
of un-emancipated minors shall be kept at least one year after
the minor has reached the age of 18 years, and in any case, not
less than seven years.
According to the Medical Board of California, several areas of law
specify a three-year retention period, including those records
pertaining to Medi-Cal patients, records of services reimbursed
by Emergency Medical Services Fund and those dealing with a
physician prescribing dispensing or administering a Schedule II
controlled substance. In addition, optometrists are required to
retain patient records for a minimum of seven years from the date
the individual completes treatment, and if the patient is a
minor, the records must be retained for a minimum of seven years
from the date the individual completes treatment and at least
until the patient reaches 19 years of age.
b) Psychologists. Current law requires licensed psychologists to
retain a patient's health service records for a minimum of seven
years from the patient's discharge date. The law specifies that
if the patient is a minor, the patient's health service records
shall be retained for a minimum of seven years from the date the
patient reaches 18 years of age. The provisions of this bill for
LMFTs, LEPs, LCSWs, and LPCCs are modeled after the current
requirements for psychologists.
3.Arguments in Support. The Board of Behavioral Sciences supports the
bill and writes in their letter, "The Board believes this amendment
will be helpful to its licensees, as current law is silent regarding
how long patient records must be maintained."
The California Association for Licensed Professional Clinical
Counselors also supports the bill and writes, "While there are
differences in our professions and scope of practice, on matters
such as record retention it makes sense to have similar
requirements in statute. This will avoid confusion among
practitioners."
The California Association of Marriage and Family Therapists
supports the bill and writes, "Current law does not prescribe the
amount of time a therapist is required to retain client records.
SB 578
Page 4
The absence of such a law creates confusion for LMFTs regarding the
length of time patient records must be kept, when patient records
may be destroyed, and subjects LMFTs to non-standardized record
retention guidelines pertaining to their profession. This law
would eliminate any ambiguity by establishing a specific time
period LMFTs in private practice are required to retain the records
of both minor and adult patients."
SUPPORT AND OPPOSITION:
Support:
California Association of Marriage and Family Therapists (sponsor)
Board of Behavioral Sciences
California Association for Licensed Professional Clinical Counselors
Opposition:
None received as of August 12, 2014.
Consultant:Le Ondra Clark, Ph.D.