BILL ANALYSIS Ó
AB 1808
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CONCURRENCE IN SENATE AMENDMENTS
AB
1808 (Wood)
As Amended August 16, 2016
Majority vote
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|ASSEMBLY: |74-1 |(April 21, |SENATE: |37-1 |(August 18, |
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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.
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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
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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
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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
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