BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 578
Author: Wyland (R)
Amended: 6/23/14
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE BUSINESS, PROF. & ECON. DEV. COMM . 9-0, 8/13/14
(Pursuant to Senate Rule 29.10)
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Torres
ASSEMBLY FLOOR : 77-0, 8/7/14 (Consent) - See last page for vote
SUBJECT : Behavioral sciences: records retention
SOURCE : California Association of Marriage and Family
Therapists
DIGEST : As this bill left the Senate, it dealt with
unprofessional conduct by a licensed marriage and family
therapist (LMFT). This bill now requires an LMFT, a licensed
educational psychologist (LEP), a licensed clinical social
worker (LCSW), and a licensed professional clinical counselor
(LPCC) to retain a patient or client's health service record for
seven years, as specified.
Assembly Amendments delete the Senate version of the bill
relating to unprofessional conduct by LMFTs; and add the current
language relating to health records retention.
CONTINUED
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ANALYSIS :
Existing law:
1. Provides for the licensure or registration and the regulation
of LMFTs, LEPs, LCSWs, and LPCCs by the Board of Behavioral
Sciences, and makes a violation of those laws a misdemeanor.
2. 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 Section 123145)
3. 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 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 Professions
Code Section 2919)
This bill:
1. Requires an LMFT, LEP, LCSW and LPCC to retain a patient or
client's health service record 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 patient
or client records whose therapy is terminated on or after
January 1, 2015.
4. Permits the health service records to be retained in a
written or an electronic format.
Background
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There is no uniform standard for patient record retention in
California. AB 2257 (Assembly Business and Professions
Committee, Chapter 89, Statutes of 2006) required psychologists
to maintain a patient's records for seven years from the
patient's discharge date, or in the case of a minor, seven years
after the minor reaches 18 years of age. The provisions of this
bill for other mental health professionals are modeled after
current requirements for psychologists.
Comments
According to the author, "[This bill] will establish a record
retention statute for LMFTs, LPCCs, LCSWs, LEP in private
practice. Both the Board of Behavioral Sciences (BBS) and the
California Association of Marriage and Family Therapists (CAMFT)
receive complaints and questions from California practitioners
about ambiguous private practice record retention requirements.
The absence of state law results in a non-standardized record
retention for mental health records kept by private practices.
"In the absence of specific federal [legislation], state
legislation or regulation, CAMFT routinely recommends that
mental health care records be kept for a minimum of seven years,
using the psychologists' requirement as the standard for the
profession. [This bill] will establish a seven year records
retention schedule for LMFTs, LPCCs, LCSWs, and LEPs that
conforms to the existing records retention schedule for those
who practice in licensed clinics, nursing facilities,
intermediate care facilities, adult day health care and skilled
nursing homes. It will also codify 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, state
departments that employ the specified types of mental health
professionals, including the Department of Corrections and
Rehabilitation, Department of State Hospitals, and Department of
Developmental Services, ensures records are retained in
compliance with this bill. Costs to do this are expected to be
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minor to negligible, particularly as many patient records are
now stored electronically.
SUPPORT : (Verified 8/13/14)
California Association of Marriage and Family Therapists
(source)
Board of Behavioral Sciences
California Association for Licensed Professional Clinical
Counselors
ARGUMENTS IN SUPPORT : According to the California Association
of Marriage and Family Therapists, "current law does not
prescribe the amount of time a therapist is required to retain
client records. The absence of such a law creates confusion for
LMFTs regarding the length of time patient records must be kept,
when patient records must be destroyed, and subject 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."
ASSEMBLY FLOOR : 77-0, 8/7/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Fox, Vacancy
MW:d 8/13/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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