BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Deborah V. Ortiz, Chair
BILL NO: AB 1253
A
AUTHOR: Matthews and Thomson
B
AMENDED: May 2, 2001
HEARING DATE: June 13, 2001
1
FISCAL: NonFiscal/Judiciary/URGENCY
2
5
CONSULTANT:
3
McCarthy / ak
SUBJECT
Nursing
SUMMARY
This bill adds to the list of providers who may be
reimbursed under the Victims of Crime Program,
psychiatric-mental health nurses, as defined, and revises
the description of psychiatric-mental health nurses in
various codes to add certified clinical nurse specialists
who participate in expert clinical practice in the
specialty of psychiatric mental health nursing.
ABSTRACT
Existing Law:
1.Licenses and regulates registered nurses through the
Board of Registered Nursing (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 a program, administered by the State Board of
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STAFF ANALYSIS OF ASSEMBLY BILL 1253 (Matthews and
Thomson)Page 2
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 Victims of Crime Program, 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 or vision service provider of their
choice), upon referral by a physician and surgeon, those
licensed registered nurses who are on a list maintained
by the 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.
This bill:
1.Adds to the list of providers who may be reimbursed for
mental health counseling services under the Victims of
Crime 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 BRN.
2.Revises the description of psychiatric-mental health
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STAFF ANALYSIS OF ASSEMBLY BILL 1253 (Matthews and
Thomson)Page 3
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 their choice, by adding 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.
FISCAL IMPACT
Unknown.
BACKGROUND AND DISCUSSION
Continued---
1.Intent of the bill
Since 1998, the Board of Registered Nursing (BRN) has
been able to issue clinical nurse specialist
certifications to registered nurses who meet certain
requirements. The stated intent of this bill is to
enable these clinical nurse specialists, who practice in
the field of psychiatric-mental health nursing, to be
reimbursed under the Victims of Crime Program, and to
update outdated definitions of psychiatric-mental health
nurses with the current clinical nurse specialist title.
However, according to the BRN, not all of the nurses that
meet the current definition of being on a list maintained
by BRN of psychiatric-mental health nurses with a
master's degree and two years of supervised experience in
psychiatric-mental health nursing, meet the new
definition of certified clinical nurse specialists.
According to the author, this bill is sponsored by the
American Nurses Association of California 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.Support
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 also supports
making psychiatric advanced practice nurses eligible for
reimbursement for their professional services, as
provided in this bill.
3.Related legislation
SB 716 (Machado) redefines the term "psychotherapist"
such that communication between a psychotherapist and a
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STAFF ANALYSIS OF ASSEMBLY BILL 1253 (Matthews and
Thomson)Page 5
patient remain confidential and privileged.
PRIOR ACTIONS
Assembly Floor: 77 - 0 Pass
Assembly Health: 13 - 0 Do Pass as Amended
POSITIONS
Support: American Nurses Association of California
(sponsor)
California Association of Psychiatric Mental
Health Nurses
in Advanced Practice
California Psychiatric Association
Kaiser Permanente
Oppose: None received
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