BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1808|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1808
Author: Wood (D)
Amended: 8/16/16 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 the following individuals working under
the supervision of a specified licensee to the definition of a
"professional person" for purposes of providing mental health
treatment or counseling services: a marriage and family
therapist (MFT) trainee, a licensed professional clinical
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counselor (LPCC) trainee, a registered psychologist, a
registered psychological assistant, a psychology trainee, an
associate clinical social worker, and a social work intern.
Establishes supervision requirements for the treatment of a
minor by an MFT trainee, LPCC trainee, a psychology trainee, and
a social work intern.
Senate Floor Amendments of 8/16/16 add a psychological trainee,
a registered psychological assistant, registered psychologist,
an associate clinical social worker, and a social work intern to
the provisions of this bill.
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) Establishes the Board of Psychology to enforce and
administer the Psychology Licensing Law. (BPC § 2920)
3) Defines "mental health treatment or counseling services" as
the provision of outpatient mental health treatment or
counseling by a professional person, as specified. (Health
and Safety Code (HSC) § 124260)
4) Defines a "professional person" for purposes of providing
mental health treatment as an MFT; a licensed educational
psychologist; a credentialed school psychologist; a clinical
psychologist; a licensed clinical social worker (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
specified licensed professional. (HSC § 124260)
5) Defines both an MFT intern and an LPCC intern as an
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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)
6) 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)
7) Defines an associate clinical social worker as someone who
has already completed studies and has a master's degree. (BPC
§ 4996.18)
8) Defines a social work intern as a person enrolled in a
master's or doctoral training program in social work in an
accredited school or department of social work. (BPC §
4996.15)
9) Defines a registered psychologist as an individual meeting
specified educational and experience requirements who is
employed by a nonprofit community agency, as specified,
provided this person is performing psychological activities
as part of the duties for which they are employed, are
performing those activities solely within the confines of or
under the jurisdiction of the organization in which they are
employed and do not render or offer to render psychological
services, as specified. (BPC § 2909.5)
10)Defines a registered psychological assistant as an
individual who has completed a master's degree in psychology
or education with the field of specialization in psychology
or counseling psychology, or has been admitted to candidacy
for a doctoral degree in psychology or education with the
field of specialization in psychology or counseling
psychology, after having satisfactorily completed three or
more years of postgraduate education in psychology and having
passed preliminary doctoral examinations, or has completed a
doctoral degree that qualifies for licensure in an accredited
or approved university, college, or professional school
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located in the United States or Canada. Requires this person
to be under the immediate supervision of a licensed
psychologist, or board certified psychiatrist who shall be
responsible for insuring that the extent, kind, and quality
of the psychological services he or she performs are
consistent with his or her training and experience and be
responsible for his or her compliance with this chapter and
regulations duly adopted hereunder. (BPC § 2913)
11)Defines a psychology trainee as an individual working under
specified conditions toward licensure, who may or may not be
a registered psychologist or registered psychological
assistant. (Title 16 Code of California Regulations § 1387)
This bill:
1) Adds the following individuals working under the supervision
of a specified licensee to the definition of a "professional
person" for purposes of providing mental health treatment: an
MFT trainee, an LPCC trainee, a registered psychologist, a
registered psychological assistant, a psychology trainee, an
associate clinical social worker, and a social work intern.
2) Requires an MFT trainee, an LPCC trainee, a clinical
counselor trainee, a psychology trainee, or social work
intern to notify his or her supervisor, or if the supervisor
is unavailable, an on-call supervisor from the site the
trainee or intern is employed or volunteering at within 24
hours of treating the minor. If upon the initial assessment
of the minor, the trainee or intern believes that the minor
is a danger to self or to others, the trainee or intern 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 notification requirements
regarding a minor is intended to supplant, alter, expand, or
remove any other reporting responsibilities required of
trainees or interns under existing law.
4) Makes technical changes.
Background
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Regulation of LMFTs, LCSW, LPCCs, interns, associates and
trainees. 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 California.
The California Board of Psychology regulates psychologists,
registered psychologists, registered psychological assistants,
and psychology trainees.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/17/16)
California Association for Licensed Professional Clinical
Counselors (co-source)
California Association of Marriage and Family Therapists
(co-source)
Aspiranet
Association of California Healthcare Districts
Board of Behavioral Sciences
California Council of Community Behavioral Health Agencies
California Psychological Association
California State PTA
California Youth Empowerment Network
County Behavioral Health Directors Association
National Association of Social Workers, California Chapter
OPPOSITION: (Verified8/17/16)
California Right to Life Committee, Inc.
ARGUMENTS IN SUPPORT: The California Association for
Licensed Professional Clinical Counselors writes, "This bill
will increase access to essential mental health services by
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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,
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
8/17/16 15:44:28
**** END ****
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