BILL ANALYSIS
AB 1253
Page 1
ASSEMBLY THIRD READING
AB 1253 (Matthew)
As Amended May 2, 2001
2/3 vote. Urgency
HEALTH 13-0
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|Ayes:|Thomson, Aanestad, Bates, | | |
| |Chan, Chavez, Frommer, | | |
| |Koretz, | | |
| |Negrete McLeod, Runner, | | |
| |Salinas, Steinberg, | | |
| |Wesson, Zettel | | |
| | | | |
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SUMMARY : Adds to the list of providers who may be reimbursed
under the Victims of Crime Program (Program), psychiatric-mental
health nurses, as defined, and revises the description of
psychiatric-mental health nurses in various provisions of law to
reflect certified clinical nurse specialists. Specifically,
this bill :
1)Adds to the list of providers who may be reimbursed for mental
health counseling services under the Program, an advanced
practice registered nurse who is certified as a clinical nurse
specialist, as specified, and who participates in expert
clinical practice in the specialty of psychiatric-mental
health nursing, and a registered nurse who possesses a
master's degree in psychiatric-mental health nursing and is
listed as a psychiatric-mental health nurses by the Board of
Registered Nursing (BRN).
2)Revises the description of psychiatric-mental health nurses,
for purposes of provisions of law regarding privileged
communications between patients and psychotherapists, by
including an advanced practice registered nurse who is
certified as a clinical nurse specialist, as specified, and
participates in expert clinical practice in the specialty of
psychiatric-mental health nursing.
3)Revises the description of psychiatric-mental health nurses,
for purposes of provisions of law prohibiting health care
service plans or disability insurers from prohibiting covered
persons from selecting the type of mental health provider of
AB 1253
Page 2
their choice, by including an advanced practice registered
nurse who is certified as a clinical nurse specialist, as
specified, and participates in expert clinical practice in the
specialty of psychiatric-mental health nursing.
EXISTING LAW :
1)Licenses and regulates registered nurses through BRN, and
provides for the certification of clinical nurse specialists
for registered nurses who meet certain requirements, including
possessing a master's degree in a clinical field of nursing.
2)Establishes the Program, administered by the State Board of
Control, to reimburse victims of crime for the pecuniary
losses they suffer as a direct result of criminal acts. The
Program is funded by restitution fines, which are required to
be imposed by the court on all persons convicted of a
misdemeanor or a felony.
3)Includes in the definition of "pecuniary loss," for purposes
of the Program, is the amount of psychiatric, psychological,
or other mental health counseling related expenses which
became necessary as a direct result of the crime, and
specifies that these counseling services may only be
reimbursed if provided by specified individuals, including
physicians, psychologists, clinical social workers, and
marriage and family therapists.
4)Includes in the definition of "psychotherapist," for purposes
of provisions of law regarding privileged communications
between patients and psychotherapists, a licensed registered
nurse who possesses a master's degree in psychiatric-mental
health nursing.
5)Includes, for purposes of provisions of law prohibiting health
care service plans or disability insurers from prohibiting
covered persons from selecting the type of mental health
provider of their choice, those licensed registered nurses who
are on a list maintained by BRN of psychiatric-mental health
nurses who possess a master's degree in psychiatric mental
health nursing and two years of supervised experience in
psychiatric-mental health nursing.
FISCAL EFFECT : Unknown
AB 1253
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COMMENTS :
1)According to the author, the American Nurses
Association/California has sponsored this bill to enable
clinical nurse specialists in the field of psychiatric-mental
health nursing to be reimbursed for counseling services to
victims of crime, and to make title changes in various
provisions of law to reflect the current title for nurses with
a master's degree in a clinical nursing field.
2)This bill is supported by the California Association of
Psychiatric Mental Health Nurses in Advanced Practice
(Association), which states that current law discriminates
against victims who attempt to seek therapy from more than 400
licensed clinical nurse specialists in California. According
to the Association, although psychiatric-mental health
clinical nurse specialists are legally recognized providers of
mental health services, they are not specifically listed in
the Program.
The California Psychiatric Association (CPA) also supports this
bill, stating that psychiatric advanced practice nurses are
valuable members of the psychiatric care team, and CPA
supports their being eligible for reimbursement for their
professional services.
Analysis Prepared by : Vincent D. Marchand / HEALTH / (916)
319-2097
FN: 0000561