BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 250|
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                                       CONSENT


          Bill No:  AB 250
          Author:   Obernolte (R)
          Amended:  6/16/15 in Senate
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 6/15/15
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   Telehealth: marriage and family therapist interns  
                     and trainees


          SOURCE:    California Association of Marriage and Family  
          Therapists


          DIGEST:  This bill authorizes marriage and family therapist  
          (MFT) interns and trainees working under licensed supervision to  
          provide services via telehealth.


          ANALYSIS:   


          Existing law:

          1)Authorizes the Board of Behavioral Sciences (Board) to license  
            and regulate the practice of marriage and family therapy and  
            licensed professional clinical counseling.  (Business and  








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                                                                    Page  2


            Professions Code (BPC) §§ 4980.34, 4999.14)

          2)Defines "telehealth" to mean the mode of delivering health  
            care services and public health via information and  
            communication technologies to facilitate the diagnosis,  
            consultation, treatment, education, care management and  
            self-management of a patient's health care service while the  
            patient is at the originating site and the health care  
            provider is at a distant site; telehealth facilitates patient  
            self-management and caregiver support for patients and  
            includes synchronous interactions and asynchronous store and  
            forward transfers.  (BPC § 2290.5(a)(6))

          3)Requires a licensed health care practitioner providing  
            services via telehealth to be subject to the requirements and  
            definitions set forth in existing law, as specified, to the  
            practice act relating to his or her licensed profession, and  
            to the regulations adopted by a board pursuant to that  
            practice act.  (BPC § 686) 

          4)Defines "health care provider" for purposes of telehealth to  
            mean a person who is licensed under BPC.  (BPC § 2290.5  
            (a)(3)) 

          5)States that, unless otherwise expressly provided, "license"  
            means license, certificate, registration, or other means to  
            engage in a business or profession, as specified.  (BPC §  
            23.7)

          6)Defines a MFT "intern" to mean an unlicensed person who has  
            earned his or her master's or doctor's degree qualifying him  
            or her for licensure and is registered with the Board.  (BPC §  
            4980.03(b)).

          7)Defines an MFT "trainee" to mean an unlicensed person who is  
            currently enrolled in a master's or doctor's degree program,  
            as specified, that is designed to qualify him or her for  
            licensure, and who has completed no less than 12 semester  
            units or 18 quarter units of coursework in any qualifying  
            degree program.  (BPC § 4980.03(c))

          8)Requires a MFT applicant for licensure to complete no more  
            than 375 hours of experience providing personal psychotherapy,  
            crisis counseling, or other counseling services via  







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                                                                    Page  3


            telehealth, as specified.  (BPC § 4980.43 (a)(11))

          9)Requires an applicant for a professional clinical counselor  
            license to complete a minimum of 3,000 postdegree hours of  
            supervised clinical mental health experience related to the  
            practice of professional clinical counseling, which may  
            include not more than 375 hours of experience providing  
            personal psychotherapy, crisis counseling, or other counseling  
            services via telehealth.  (BPC § 4999.46)

          This bill:  

          1)Expands the definition of a health care provider to include a  
            MFT intern or trainee for purposes of providing telehealth  
            services.

          2)Authorizes MFT interns and trainees working under licensed  
            supervision to provide services via telehealth within the  
            scope authorized by the Marriage and Family Therapist Act  
            (Act) and in accordance with any regulations governing the use  
            of telehealth promulgated by the Board.  

          Background
          
          Telehealth is the use of electronic information and  
          telecommunications technologies to support long-distance  
          clinical health care, patient and professional health-related  
          education, and public health.  Technologies include  
          videoconferencing, the Internet, store-and-forward imaging,  
          streaming media, and terrestrial and wireless communications.

          The law establishing parameters for providing telehealth  
          services authorizes only licensed healthcare providers to  
          provide remote healthcare.  However, the Act authorizes  
          unlicensed MFT interns and trainees to obtain experience towards  
          their license via telehealth.  This presents a disconnect in  
          code.  

          This bill specifically authorizes an MFT intern or trainee to  
          practice via telehealth in both sections of code in accordance  
          with the Act.   

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No







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          SUPPORT:   (Verified6/17/15)


          California Association of Marriage and Family Therapists  
          (source)
          American Association for Marriage and Family Therapy, California  
          Division
          Association of California Healthcare Districts
          Board of Behavioral Sciences
          California Council of Community Mental Health Agencies
          California Primary Care Association

          SUPPORT AND OPPOSITION:


          OPPOSITION:   (Verified6/17/15)


          None received


          ARGUMENTS IN SUPPORT:     The sponsor of this bill, the  
          California Association of Marriage and Family Therapists,  
          writes, "Telehealth affords both the patient and the health care  
          provider increased access, flexibility, and cost-efficiencies.   
          BPC § 2290.5 defines 'telehealth,' as well as states that  
          telehealth can be administered by a 'health care provider'  
          licensed under BPC § 2290.5, which includes a MFT.  Moreover,  
          BPC § 4980.43 allows MFT trainees to obtain the necessary hours  
          toward their licensure by conducting therapy through telehealth  
          services.  However, BPC § 2290.5 fails to authorize the very  
          same trainees to conduct telehealth services.  This lack of  
          conformity raises concerns about trainees, and their  
          supervisors, being liable for performing telehealth services  
          without this proposed change."


          ASSEMBLY FLOOR:  78-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  







                                                                     AB 250  
                                                                    Page  5


            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina

          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
          6/17/15 15:22:49


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