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