BILL ANALYSIS                                                                                                                                                                                                    Ó






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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  








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          "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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            (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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             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,  







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            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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