BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 1808 (Wood)
          Version: June 2, 2016
          Hearing Date: June 21, 2016
          Fiscal: No
          Urgency: No
          NR   


                                        SUBJECT
                                           
               Minors:  mental health treatment or counseling services

                                      DESCRIPTION 

          This bill would authorize a marriage and family therapist  
          trainee and a clinical counselor trainee, while working under  
          the supervision of certain licensed professionals, to provide  
          outpatient mental health services to a minor who is at least 12  
          years of age, as specified.

                                      BACKGROUND  

          Nearly one in every 10 school-age children in the United States  
          has a mental health condition, and there are not enough child  
          psychiatrists to care for them. Children and adolescents  
          involved with child welfare have even higher rates of mental  
          health conditions stemming from serious physical, mental health,  
          developmental, and psychosocial problems rooted in childhood  
          adversity and trauma. This is especially true for those who are  
          removed from their family of origin and placed in out-of-home  
          care. 

          This bill, seeking to ensure that children and adolescents  
          receive the mental health services they need, would expressly  
          provide that licensed marriage and family therapist (LMFT)  
          trainees and clinical counselor trainees are able to counsel  
          specified minors. 

                                CHANGES TO EXISTING LAW










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          Existing law  defines a "professional person" as a person  
          designated as a mental health professional, as specified; an  
          LMFT; a licensed educational psychologist; a  credentialed  
          school psychologist; a clinical psychologist; a licensed  
          clinical social worker (LCSW); a person registered as an LMFT  
          intern, while working under the supervision of a licensed  
          professional; a board certified, or board eligible,  
          psychiatrist; a licensed professional clinical counselor (LPCC);  
          or a person registered as an LPCC intern while working under the  
          supervision of a licensed professional.  (Health & Saf. Code  
          Sec. 124260.)
           Existing law  authorizes a minor who is 12 years of age or older  
          to consent to mental health treatment or counseling on an  
          outpatient basis or to residential shelter services if both of  
          the following are satisfied:  
           the minor, in the opinion of the attending professional  
            person, is mature enough to participate intelligently in the  
            outpatient services or residential shelter services; and, 
           the minor would present a danger of serious physical or mental  
            harm to him or herself or to others without the mental health  
            treatment or counseling or residential shelter services, or is  
            the alleged victim of incest or child abuse. (Fam. Code Sec.  
            6924 (b).)
           
           Existing law  authorizes a minor who is 12 years of age or older  
          to consent to mental health treatment or counseling services if,  
          in the opinion of the attending professional person, the minor  
          is mature enough to participate intelligently in the mental  
          health treatment or counseling services.  (Health & Saf. Code  
          Sec. 12460.)

           Existing law  defines both an LMFT intern and an LPCC intern as  
          an unlicensed person who has earned his or her master's or  
          doctoral degree qualifying him or her for licensure and is  
          registered with the BBS, as specified.  (Bus. & Prof. Code Secs.  
          4980.3, 4999.12.) 

           Existing law  defines an LMFT trainee and an LPCC trainee as an  
          unlicensed person who is currently enrolled in a master's or  
          doctoral degree program 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. (Bus. & Prof. Code Secs. 4980.3, 4999.12.)

           Existing law  provides that a patient has a privilege to refuse  








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          to disclose, and to prevent another from disclosing, a  
          confidential communication between the patient and a  
          psychotherapist. Existing law extends this privilege to  
          registered psychotherapist interns or trainees (defined to  
          include licensed psychologists, licensed physicians specializing  
          in psychiatrics, licensed clinical social workers, professional  
          clinical counselors, and licensed marriage and family  
          therapists). (Evid. Code Sec. 1010.)
          
           This bill  would add an LMFT trainee and an LPCC trainee who work  
          under the supervision of a licensed professional to the list of  
          individuals who qualify as a "professional person" for purposes  
          of providing mental health services.  

           This bill  would require a trainee to notify his or her  
          supervisor, or if the supervisor is unavailable, an on-call  
          supervisor from the site where the trainee is employed or  
          volunteering at within 24 hour of treating the minor pursuant to  
          requirements under the Family Code.  If upon the initial  
          assessment of the minor, the trainee believes that the minor is  
          a danger to self or to others, the trainee shall notify the  
          supervisor, or if the supervisor is unavailable, the on-call  
          supervisor immediately after the treatment or counseling.  

                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author: 

            Currently, a therapist, clinical counselor, or intern can  
            provide services to a minor, 12 years or older in certain  
            circumstances. However, registered Licensed Marriage and  
            Family Therapists (LMFT) and Licensed Professional Clinical  
            Counselors (LPCC) interns are listed as appropriate providers,  
            LMFT and LPCC "trainees" have been left off the list of  
            eligible providers.

            Leaving LMFT and LPCC trainees out of the list of eligible  
            providers creates an oversight that impacts the number of  
            providers available to treat minors, and contributes to the  
            lack of mental health services that is available in schools.  
            AB 1808 will add clinical counselor trainees and marriage and  
            family therapist trainees to the list of approved  
            professionals able to provide services to minors over 12 years  








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            old. 

           2.Consistent with existing law
           
          This bill would expressly authorize LMFT trainees and an LPCC  
          trainees, while working under the supervision of a licensed  
          professional, to provide mental health services to a minor who  
          is 12 years of age or older.  A trainee is an "unlicensed person  
          who is currently enrolled in a master's or doctor's degree  
          program . . . 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." (Bus. & Prof. Code Secs. 4999.42-4999.46 and 4999.12.)  
           Aspiranet, one of the largest providers of foster care in  
          California, argues that this bill is necessary because it is  
          difficult to ensure that youth are receiving timely access to  
          mental health care with the current shortage of mental health  
          professionals.

          In support, the California Association for Licensed Professional  
          Clinical Counselors (CALPCC) writes:

            Currently Health and Safety Code Sec. 124260 and Family Code  
            Sec. 6924, authorize a psychotherapist or a clinical counselor  
            to provide services to a minor, 12 years or older in certain  
            circumstances.  While LMFTs and LPCCs, and registered interns  
            gaining hours towards licensure are listed as appropriate  
            providers, LMFT and LPCC trainees gaining hours towards LMFT  
            or LPCC licensure have been left off the list of eligible  
            providers.  AB 1808 would also permit an LMFT or LPCC trainee  
            to provide treatment or counseling to such a minor who  
            consents to treatment or counseling.

          Staff notes that existing law, which establishes the  
          psychotherapist-patient privilege<1>, already extends the  
          privilege to communications between a patient and an LMFT or  
          ---------------------------
          <1> The psychotherapist-patient privilege provides that a  
          patient may refuse to disclose, and prevent another from  
          disclosing, a confidential communication between himself or  
          herself and a psychotherapist, and is defined to include the  
          following: licensed psychologists; licensed physicians  
          specializing in psychiatrics; licensed clinical social workers;  
          professional clinical counselors; and licensed marriage and  
          family therapists; and each of these professional's interns or  
          trainees. (Evid. Code Sec. 1010.)  








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          LPCC trainee, thereby indicating that the Legislature  
          anticipated that such trainees would be providing mental health  
          services.  Thus, this bill is entirely consistent, and arguably  
          clarifying, of existing law.   
           
           1.Opposition's concerns
           
          The California Right to Life Committee, Inc. writes, "mental  
          health issues are serious, affecting the entire family of the  
          individual.  Families, and especially parents, need to be  
          involved.  [?] CRLC has noted in the past that the growing  
          California population of persons requiring medical care and  
          treatment has precipitated the development of new categories for  
          medical personnel.  These new categories would not require the  
          complete training required of the certified or degreed  
          professional, but it would provide service at a lessor cost to  
          the medical program. CLRC is concerned about the inexperience of  
          a trainee in counseling a minor in such a vulnerable state of  
          mind and body when seeking mental health treatment."

          The author responds, "California Right to Life Committee has an  
          opposed position to the bill. The organization is concerned by  
          the lack of parental decisions made by allowing a minor to  
          request their own mental health services to be cared for by an  
          'undertrained' therapist trainee. We argue that registered LMFT  
          and LPCC interns are listed as appropriate providers while LMFT  
          and LPCC trainees are left out of the eligibility list." 

          Staff further notes that the author has amended the bill to  
          ensure that a trainee immediately notify his or her supervisor  
          if a patient appears to be a danger to himself or herself or  
          others, so that the minor may quickly receive appropriate  
          services when he or she needs them most.


           Support  :  Aspiranet; Association of California Healthcare  
          Districts; Board of Behavioral Sciences; California Association  
          for Licensed Professional Clinical Counselors; California  
          Association of Marriage and Family Therapists; California  
          Council of Community Behavioral Health Agencies; California  
          Health + Advocates; California State PTA; County Behavioral  
          Health Directors Association 

           Opposition :  California Right to Life Committee, Inc. 









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                                        HISTORY
                                                                            
           Source  :  California Association for Licensed Professional  
          Clinical Counselors; 
          California Association of Marriage and Family Therapists

           Related Pending Legislation  :  None Known

           Prior Legislation  :

          AB 250 (Obernolte, Ch. 50, Stats. 2015), authorized LMFT interns  
          and trainees to provide services via telehealth, under specified  
          supervision, in order to gain supervised hours required for  
          licensure, as specified.  

          AB 1012 (Wyland, Ch. 435, Stats. 2014), increased the number of  
          hours which an LMFT trainee or intern and a professional  
          clinical counselor intern, may count towards their weekly  
          supervision requirement from five to six.

          SB 632 (Emmerson, Ch. 50, Stats. 2012), clarified which LMFT  
          trainees are allowed to counsel clients outside of a practicum  
          course, and clarified a limited exemption for trainees who are  
          not allowed to counsel clients outside of a practicum course.  

          AB 956 (Roger Hernández, Ch. 166, Stats. 2011), required a  
          marriage and family therapist intern and an LMFT trainee, prior  
          to performing professional services, to provide each client or  
          patient with the name of his or her employer, and indicate that  
          he or she is under the supervision of a licensed person, as  
          specified, and required any advertisement by or on behalf of an  
          intern or trainee to include specified information; required an  
          intern's registration number to be disclosed to clients and  
          patients and in advertisements.

          SB 543 (Leno, Ch. 503, Stats. 2010), expanded the rights of  
          minors to receive outpatient mental health treatment or  
          counseling services, as specified.

           Prior Vote :

          Senate Business, Professions and Economic Development Committee  
          (Ayes 7, Noes 0)
          Assembly Floor (Ayes 74, Noes 1)
          Assembly Business and Professions Committee (Ayes 14, Noes 0)








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