BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1808| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1808 Author: Wood (D) Amended: 6/2/16 in Senate Vote: 21 SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 7-0, 6/6/16 AYES: Hill, Block, Gaines, Galgiani, Hernandez, Mendoza, Wieckowski NO VOTE RECORDED: Bates, Jackson SENATE JUDICIARY COMMITTEE: 7-0, 6/21/16 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 74-1, 4/21/16 - See last page for vote SUBJECT: Minors: mental health treatment or counseling services SOURCE: California Association for Licensed Professional Clinical Counselors California Association of Marriage and Family Therapists DIGEST: This bill adds a marriage and family therapist (MFT) trainee and a licensed professional clinical counselor (LPCC) trainee who works under the supervision of a licensed professional to the list of individuals who qualify as a AB 1808 Page 2 "professional person" for purposes of providing mental health services in the Health and Safety Code (HSC) and Family Code (FC). Establishes supervision requirements for the treatment of a minor by an MFT trainee and an LPCC trainee. ANALYSIS: Existing law: 1)Establishes the Board of Behavioral Science (BBS) to administer the Social Work Licensing Law, the Licensed Professional Clinical Counselor Act, and the Licensed Marriage and Family Therapist Act. (Business and Professions Code (BPC) § 4980.34) 2)Defines "mental health treatment or counseling services" as the provision of mental health treatment or counseling on an outpatient basis by a governmental agency, a person or agency having a contract with a governmental agency to provide the services, an agency that receives funding from community united funds, a runaway house or crisis resolution center, or, a professional person. (FC § 6924 (a)(1)) 3)Defines a "professional person" as a person designated as a mental health professional, as specified; an MFT; a licensed educational psychologist; a credentialed school psychologist; a clinical psychologist; the chief administrator of specified agencies; a person registered as an MFT intern while working under the supervision of a licensed professional; an LPCC; and a person registered as a clinical counselor intern while working under the supervision of a licensed professional. (FC § 6924 (a)(2)) 4)Defines "mental health treatment or counseling services" as the provision of outpatient mental health treatment or counseling by a professional person, as specified. (HSC § 124260) 5)Defines a "professional person" as a person designated as a mental health professional, as specified; an MFT; a licensed educational psychologist; a credentialed school psychologist; a clinical psychologist; a licensed clinical social worker AB 1808 Page 3 (LCSW); a person registered as an MFT intern, while working under the supervision of a licensed professional; a board certified, or board eligible, psychiatrist; an LPCC; or a person registered as an LPCC intern while working under the supervision of a licensed professional. (HSC § 124260) 6)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: (FC § 6924 (b)) a) 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, b) 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. 7)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. (HSC § 12460) 8)Defines both an MFT 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. (BPC §§ 4980.3, 4999.12) 9)Defines an MFT 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. (BPC §§ 4980.3, 4999.12) This bill: 1) Adds an MFT trainee and LPCC trainee who work under the AB 1808 Page 4 supervision of a licensed professional to the list of individuals who qualify as a "professional person" for purposes of providing mental health services in the HSC and FC. 2) Requires an MFT trainee or an LPCC trainee to notify his or her supervisor, or if the supervisor is unavailable, an on-call supervisor from the site the trainee is employed or by volunteering at within 24 hour of treating the minor pursuant to FC requirements. 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. 3) Specifies that nothing in the amendment is intended to supplant, alter, expand, or remove any other reporting responsibilities required of trainees under existing law. 4) Requires an MFT trainee or an LPCC trainee to consult with his or her supervisor as soon as reasonably possible when assessing the maturity of the minor pursuant HSC requirements. 5) Makes technical changes. Background According to the author's office, this bill is necessary because currently, an MFT, clinical counselor, or interns of either of those professions can provide services to a patient 12 years or older, in certain circumstances. However, LMFT and LPCC "trainees" are not included as eligible providers. "This oversight impacts the number of providers available to treat minors, and contributes to the lack of mental health services available in schools. Additionally, this oversight limits the opportunities for trainees to gain the 3,000 hours of counseling experience needed to qualify to apply for licensure." Regulation of LMFTs and LPCCs and Interns and Trainees by BBS . The BBS is responsible for consumer protection through the regulation of LMFTs, LCSWs; Licensed Educational Psychologists; LPCCs; MFT Interns; Associate Clinical Social Workers; and Professional Clinical Counselor Interns in the State of AB 1808 Page 5 California. The 2015 licensee statistics are as follows: MFT: 36,600 MFT Interns: 22, 275 LPCC: 930 LPCC Intern: 658 "Interns" are those individuals who have completed their academic training and are seeking counselling hours for licensure. "Trainees" are those individuals who are currently enrolled in a master's or doctoral degree program that is designed to qualify him or her for LMFT or LPCC licensure, and who have completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program. Current law places numerous parameters upon the work of MFT and LPCC trainees to ensure the safety of the clients and appropriate supervision and learning experience for the trainees. For example, an MFT and LPCC trainee's school must approve each site at which the trainee provides counseling, ensuring that there is a written agreement that details each party's responsibilities, including the methods by which supervision shall be provided, regular progress reports, and evaluations of the student's performance at the site. A trainee must also notify each client or patient prior to providing services that he or she is an unlicensed and that he or she is under supervision. This bill provides additional protections for a client of an MFT or LPCC trainee by requiring a trainee to notify or consult with a supervisor under specified circumstances when providing services to a minor. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified8/1/16) California Association for Licensed Professional Clinical Counselors (co-source) California Association of Marriage and Family Therapists (co-source) Aspiranet AB 1808 Page 6 Board of Behavioral Sciences California Council of Community Behavioral Health Agencies California State PTA County Behavioral Health Directors Association OPPOSITION: (Verified8/1/16) California Right to Life Committee, Inc. One individual ARGUMENTS IN SUPPORT: The California Association for Licensed Professional Clinical Counselors writes, "This bill will increase access to essential mental health services by minors by enlarging the pool of those who may provide services, and also allow those trainees to gain vital experience in the counseling field. These changes will help meet the mental health needs of consumers in California." ARGUMENTS IN OPPOSITION: The California Right to Life Committee, Inc. (CRLC) writes, "CRLC has noted in the past that the growing CA 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 and at a lesser cost to the medical program. CRLC 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." ASSEMBLY FLOOR: 74-1, 4/21/16 AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, AB 1808 Page 7 Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NOES: Travis Allen NO VOTE RECORDED: Bigelow, Chávez, Harper, Roger Hernández, Jones Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104 8/3/16 18:54:24 **** END ****