BILL ANALYSIS
AB 1113
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1113 (Lowenthal) - As Introduced: February 27, 2009
SUBJECT : Prisoners: professional mental health providers:
marriage and family therapists.
SUMMARY : Allows a person to gain qualifying experience for
licensure as a marriage and family therapist (MFT) in a state
correctional facility.
EXISTING LAW requires any person employed or under contract to
provide mental health diagnostic or treatment or other mental
health services in the state correctional system to be a
physician and surgeon, psychologist, or other health
professional, licensed to practice in this state, except as
specified. This licensure requirement may be waived in order
for a person to gain qualifying experience for licensure as a
psychologist or clinical social worker in this state.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author's office, "The
California Department of Corrections and Rehabilitation (CDCR)
is currently suffering from a severe shortage of mental health
clinician applicants to fill its vacancies in mental health
programs throughout the state. If these positions cannot be
filled, the mental health needs of the persons incarcerated will
not be met, which will deter rehabilitation and likely lead to
repeated offenses when their periods of incarceration have been
completed. Marriage and family therapists currently provide
mental health services in state facilities, and this is
explicitly authorized in Health and Safety Code Section 1277.
Unfortunately, while Penal Code Section 5068.5 allows
psychologist and clinical social worker interns to gain
qualifying experience in the correctional system, the law
currently does not allow MFT interns to gain such qualifying
experience. AB 2652 would amend Section 5068.5 to provide
specifically for a waiver of the licensure requirement for MFT
interns in correctional facilities.
AB 1113
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"CDCR recognizes the nearly identical training and
qualifications of MFTs and Clinical Social Workers and would
like to be able to use MFTs to help address the current shortage
of mental health professionals serving in the correctional
system. It is important to note that it would not compel CDCR
to use any particular discipline. The bill merely provides for
greater choice among a greater array of possible mental health
professionals."
Background . CDCR has employed social workers for decades within
various program areas. In the development of the Mental Health
Services Delivery System in the mid 1990s, the number of social
workers (among other mental health clinicians) employed within
CDCR was increased due to the recognition of the significant
percentage of seriously mentally ill inmates within the prison
system.
With the burgeoning inmate population increasing the number of
mentally ill inmates in the system, the mental health program
has proportionately increased its clinical position numbers as
well. Concurrently, CDCR is under court order to improve
services to its mentally ill inmates. Part of the order requires
CDCR to decrease its clinicians' vacancy rate. Due to several
factors, including insufficient pay, poor working conditions and
lack of appropriate candidates, the vacancy rate for these
clinical slots is high.
Currently, the CDCR does not have any employment classifications
that include MFTs. The CDCR has proposed the establishment of a
new class, Mental Health Therapist, Correctional Facility for
which an MFT licensee would qualify. This proposal is currently
pending before the California State Personnel Board.
Support . The California Association of Marriage and Family
Therapists (CAMFT) states in support, "Marriage and family
therapist registered interns (MFT Interns) have education and
experience requirements substantially equivalent to clinical
social work associates and are equally capable of providing the
mental health services necessary within correctional settings.
"Permitting MFT interns to be employed within the CDCR would
help reduce the mental health professional shortage currently at
issue."
Opposition . The California Psychological Association (CPA)
AB 1113
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states in opposition, "With nearly 20% of the prison population
in the mental health program designed for individuals with
severe mental illness, the CDCR needs trained clinicians who
possess the training and skill sets to assist these individuals.
CPA does not believe that the skills, training, and education
of an MFT make for a good fit within the prison system.
"The scope of practice for an MFT is to assist individuals to
have healthier interpersonal relationships within their
families. This bill, in effect, is requesting a significant
scope of expansion for MFTs to work with individuals with severe
mental illness without any increase in training and educational
standards to accommodate the expansion.
"CPA is also concerned that the training of these individuals
will not be effective as there will not be a position for an MFT
in CDCR once they are licensed. There is currently no
state-approved position for an MFT in state service. Training
an individual in a position in a Department for a job that will
not exist is a poor use of state resources."
Local 2620 of the American Federation of State, County, and
Municipal Employees (Local 2620 AFSCME) writes in opposition,
"We do not believe it is in the best interest of the public or
for the prisoners to receive mental health treatment from MFTs
who do not have the appropriate educational background or
training to work with this highly volatile population.
Additionally, if AB 1113 were enacted, another task of
supervising workers would be placed on an already overburdened
staff that have extremely high caseloads."
Previous legislation . AB 2652 (Anderson) of 2008 was an
identical bill that died in Assembly Appropriations.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Marriage and Family Therapists
(sponsor)
American Association for Marriage and Family Therapy -
California Division
California Council of Community Mental Health Agencies
Mental Health Association in California
AB 1113
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Opposition
California Psychological Association
Local 2620 of the American Federation of State, County, and
Municipal Employees
Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301