BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1808|
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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
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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
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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
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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
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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
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