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 AB 1808 (Wood) PageB of? 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 AB 1808 (Wood) PageC of? 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 AB 1808 (Wood) PageD of? 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.) AB 1808 (Wood) PageE of? 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. AB 1808 (Wood) PageF of? 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) AB 1808 (Wood) PageG of? **************