BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1253|
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THIRD READING
Bill No: AB 1253
Author: Matthews (D) & Thomson (D)
Amended: 8/27/01 in Senate
Vote: 27 - Urgency
SENATE HEALTH & HUMAN SERV. COMMITTEE : 8-0, 6/13/01
AYES: Ortiz, Haynes, Battin, Chesbro, Kuehl, Romero,
Vasconcellos, Vincent
SENATE JUDICIARY COMMITTEE : 6-0, 7/17/01
AYES: Escutia, Ackerman, Haynes, O'Connell, Peace, Sher
ASSEMBLY FLOOR : 77-0, 5/10/01 - See last page for vote
SUBJECT : Nursing
SOURCE : American Nurses Association of California
DIGEST : 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.
Senate Floor Amendments of 8/27/01 :
1.Provide that provisions of AB 1253, pertaining to the
definition of pecuniary losses that may be reimbursed,
will be inoperative if another bill, AB 1017 (Jackson),
CONTINUED
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is enacted and becomes effective during the 2001-2002
Regular Session. According to the author's office, this
amendment is necessary to avoid a chaptering out problem.
2.Make other technical revisions.
ANALYSIS : Existing law:
1.Licenses and regulates registered nurses through the
State 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
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
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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 nurse by the BRN.
Provides that these provisions will be inoperative if AB
1017 (Jackson) is enacted and becomes effective during
the 2001-02 Regular Session.
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 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.
4.Is double-joined to SB 716 (Machado). (See Related
Legislation below.)
Intent of the bill
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Since 1998, the 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 who
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.
Related legislation
SB 716 (Machado) redefines the term "psychotherapist" such
that communication between a psychotherapist and a patient
remain confidential and privileged. This bill has been
returned to the Senate from the Assembly.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/28/01)
American Nurses Association of California (source)
California Association of Psychiatric Mental Health Nurses
in Advanced Practice
California Psychiatric Association
Kaiser Permanente Medical Care Program
ARGUMENTS IN SUPPORT : This bill is supported by the
California Association of Psychiatric Mental Health Nurses
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in Advanced Practice, 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.
ASSEMBLY FLOOR
AYES: Aanestad, Alquist, Ashburn, Bates, Bogh, Briggs,
Calderon, Bill Campbell, John Campbell, Canciamilla,
Cardenas, Cardoza, Cedillo, Chan, Chavez, Cogdill, Cohn,
Corbett, Correa, Cox, Daucher, Diaz, Dickerson, Dutra,
Firebaugh, Florez, Frommer, Goldberg, Harman, Havice,
Hollingsworth, Jackson, Keeley, Kehoe, Kelley, Koretz, La
Suer, Leach, Leonard, Leslie, Liu, Longville, Lowenthal,
Maddox, Maldonado, Matthews, Migden, Mountjoy, Nakano,
Nation, Negrete McLeod, Oropeza, Robert Pacheco, Rod
Pacheco, Papan, Pavley, Pescetti, Reyes, Richman, Runner,
Salinas, Shelley, Simitian, Steinberg, Strickland,
Strom-Martin, Thomson, Vargas, Washington, Wayne, Wesson,
Wiggins, Wright, Wyland, Wyman, Zettel, Hertzberg
CP:kb 8/28/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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