BILL ANALYSIS
AB 1113
Page 1
ASSEMBLY THIRD READING
AB 1113 (Bonnie Lowenthal)
As Introduced February 27, 2009
Majority vote
BUSINESS & PROFESSIONS 8-0 APPROPRIATIONS 14-0
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|Ayes:|Hayashi, Emmerson, |Ayes:|De Leon, Nielsen, |
| |Conway, Hernandez, | |Ammiano, |
| |Niello, John A. Perez, | |Charles Calderon, |
| |Price, Smyth | |Krekorian, Duvall, |
| | | |Fuentes, Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, |
| | | |Audra Strickland, |
| | | |Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 : According to the Assembly Appropriations
Committee, no direct fiscal impact to CDCR to continue oversight
of clinical training in prisons. Under current law,
psychologists and clinical social workers are authorized,
subject to CDCR approval, to gain qualifying experience in CDCR
facilities. This bill adds MFT students to the professions for
whom CDCR may choose to waive current law requirements to allow
for training.
COMMENTS : According to the author's office, "The California
Department of Corrections and Rehabilitation (CDCR) is currently
AB 1113
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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 (Anderson) of 2008 would have amended
Section 5068.5 to provide specifically for a waiver of the
licensure requirement for MFT interns in correctional
facilities. AB 2652 was an identical bill that died in the
Assembly Appropriations Committee.
"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."
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.
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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.
Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301
FN: 0000489