BILL ANALYSIS Ó AB 1808 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1808 (Wood) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |74-1 |(April 21, |SENATE: |37-1 |(August 18, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: B. & P. SUMMARY: Amends the definition of a "professional person" to include a marriage and family therapist (MFT) trainee, a licensed professional clinical counselor (LPCC) trainee, a registered psychological assistant, a psychology trainee, an associate clinical social worker (ACSW), or a social work intern while working under supervision, in order to provide specified mental health services to a minor 12 years of age or older under specified circumstances, and requires a trainee or intern to consult with his or her supervisor, as specified. Specifically, this bill: 1)Adds a MFT trainee, a LPCC trainee, a registered psychological assistant, a psychology trainee, an ACSW, or a social work intern, as specified, who works under the supervision of a licensed professional to the list of individuals who qualify as a "professional person" for purposes of providing specified mental health services. AB 1808 Page 2 2)Requires a MFT trainee, a LPCC trainee, a psychology trainee, or a social work intern 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 hours of treating or counseling a minor, as specified. 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 session. 3)Specifies that nothing in 2) above is intended to supplant, alter, expand, or remove any other reporting responsibilities required of trainees under existing law. 4)Makes technical changes. The Senate Amendments: add a registered psychological assistant, a psychology trainee, an ACSW, or a social work intern who works 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; requires a specified trainee or inter to notify his or her supervisor, or if the supervisor is unavailable, an on-call supervisor within 24 hours of treating or counseling a minor; further specifies if a trainee or intern believes the minor to be a danger to themselves or others, the trainee or intern must immediately notify a supervisor; and make other technical changes. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, this bill will result in negligible state costs. COMMENTS: Purpose. This bill adds MFT , PCC trainees, registered AB 1808 Page 3 psychological assistants, psychology trainees, ACSWs, or social work interns under the appropriate supervision, to the list of mental health professionals who may provide specified mental health services to a minor age 12 years of age or older. This bill is sponsored by the California Association of Marriage and Family Therapists and the California Association for Licensed Professional Clinical Counselors. According to the author, "[this bill] would permit trainees, working under the supervision of a [LMFT] or [LPCC] to treat a minor under the same limited terms and conditions as interns. Trainees must be enrolled in a master or doctoral degree program and must have completed at least 12 semester units in the postgraduate degree program. Currently, trainees routinely work with minors as part of their training towards licensure. By allowing trainees to provide services to minors [this bill] will increase the availability of mental health services to young people and provide more opportunities for trainees to gain the 3,000 hours of counseling experience needed to qualify to apply for licensure." Background. The California Board of Behavioral Sciences is responsible for consumer protection through the regulation MFT interns; ACSWs; and PCC interns and the California Board of Psychology regulates psychologists, registered psychologists, registered psychological assistants, and psychology trainees. Counseling Services for Minors. Under current law, a minor may consent to specified medical care including mental health services. Family Code Section (FC) 6924 and Health and Safety Code Section (HSC) 124260 authorize a minor who is 12 years of age or older to consent to mental health treatment or counseling services. FC Section 6924 provides the list of licensed professionals who are authorized to provide specified mental health services to minors including licensed social workers, LMFTs, LPCCs, psychologists, psychiatrists, educational psychologist, credentialed school psychologists, and both LMFT and LPCC interns while working under the supervision of a licensed LMFT, LPCC, psychologist, or social worker. The minor may only consent to the specified mental health treatment or counseling services if, in the attending mental health AB 1808 Page 4 professional's opinion, the minor is mature enough to participate intelligently in the services and if the minor presents a danger of serious physical or mental harm to self or others without treatment services or if the minor is a victim of alleged incest or child abuse. This bill would add MFT, PCC trainees, registered psychological assistants, psychology trainees, ACSWs, or social work interns to the list of professional persons who can provide mental health services to minors under the specified conditions. In addition, this bill would require a trainee or intern to consult with his or her supervisor or if the supervisor is unavailable, an on-call supervisor from the site the trainee or intern is employed or by volunteering at within 24 hours of treating or counseling a minor pursuant to specified requirements. 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 session. Under the current provisions, the only non-licensed professionals who are authorized to provide specified mental health services to minors are LMFT and LPCC interns who are required to be registered with the California Board of Behavioral Sciences (BBS) and have completed a master's or doctoral degree program. Under current law, trainees are not required to register with the BBS, and they have not completed a degree program. This bill does not change minor consent laws; but rather expands the list of professional persons who may provide those mental health services to a minor, under specified circumstances, to include LMFT and LPCC trainees. Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301FN: 0004606 AB 1808 Page 5