BILL ANALYSIS �
SB 146
Page 1
Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 146 (Wyland) - As Amended: June 7, 2011
SENATE VOTE : 37-0
SUBJECT : Healing arts: professional clinical counselors.
SUMMARY : Adds professional clinical counselors (LPCC), LPCC
trainees, and LPCC interns to various provisions of existing
law. Specifically, this bill :
1)Adds LPCCs to existing provisions of law requiring certain
licensees to complete training in human sexuality and
authorizes the Board of Behavioral Sciences (BBS) to adopt
education and training for LPCCs related to chemical
dependency and the assessment and treatment of acquired immune
deficiency syndrome.
2)Adds LPCCs to the list of licensees which BBS must provide
license status information on the internet.
3)Adds LPCCs to the list of licensees exempted from certain
patient notification requirements, as specified.
4)Adds LPCCs to the existing provisions of law requiring
insurers providing liability insurance and state or local
government agencies that self insure to report certain
settlement or arbitration awards, and requiring a licensee to
report to the board certain settlements, judgments, or
arbitration awards.
5)Adds LPCCs to the existing provisions of law regarding the
peer review process, as specified.
6)Adds fees for rescoring an examination, issuance of a
replacement license or registration, and letter or certificate
of good standing to the list of LPCC fees, as specified.
7)Adds provisions to existing provisions law for LPCC
corporations, as specified.
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8)Includes LPCCs in existing provisions of law prohibiting
monetary liability or cause of action for damages against
certain professional societies or its members acting within
the scope of functions for that society, as specified.
9)Includes LPCCs, as well as LPCC interns and LPCC trainees, in
existing provisions of law providing a cause of action against
a psychotherapist for injury caused by sexual contact with the
psychotherapist, as specified.
10)Adds LPCCs to the list of licensees permitted to be
shareholders, officers, directors, or professional employees
of other professional corporations, as specified.
11)Adds professional clinical counseling in the law requesting
that the California State University, University of
California, and California Community Colleges develop
standards and guidelines for specified curriculum.
12)Adds testimony from a witness who has undergone hypnosis by a
LPCC to admissible testimony in a criminal proceeding if
specified conditions are met.
13)Includes LPCCs, LPCC interns and LPCC trainees to the list of
practitioners that are defined as a psychotherapist, as
specified.
14)Extends the patient-psychotherapist privilege to confidential
communications made between a patient and his or her LPCC,
LPCC intern, LPCC trainee, or LPCC corporation.
15)Provides that the proceedings and records of committees or
peer review bodies of LPCC are not subject to discovery, as
specified.
16)Adds LPCCs to the list of eligible providers which the family
law division of the superior court may contract with for
supervised visitation and exchange services, education, and
group counseling.
17)Extends the existing provisions of law governing mental
health treatment or counseling services and residential
shelter services to minors by professional persons to LPCCs
and LPCC interns.
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18)Extends to LPCCs the provisions of law prohibiting the
licensure requirements of healing arts personnel in the state
and other government health facilities licensed by the state
from being any less than those of professional personnel in
health facilities under private ownership, subject to certain
waivers, as specified.
19)Requires a health care service plan that provides telephone
medical advice services to ensure that any LPCCs providing
those services are licensed, as specified.
20)Adds LPCCs to the list of contracting providers a health care
service plan is required to provide an enrollee or prospective
enrollee, upon request, within that person's geographic area,
as specified.
21)Adds LPCCs to the list of healing arts professionals that a
health care service plan may not prohibit an enrollee from
selecting.
22)Includes LPCCs in the existing provisions of law related to
health insurance policies written or issued for delivery
outside of California and where benefits are provided within
the scope of practice of certain healing arts licensees, as
specified.
23)Includes LPCCs in the definition of a health care provider
and includes LPCCs in provisions of law allowing health care
providers to prohibit inspection of a minor's patient records
under certain conditions, as specified.
24)Includes LPCCs and LPCC interns in the list of professional
persons who may provide mental health treatment or counseling
services.
25)Adds LPCCs to existing provisions of law related to
disability insurance and self-insured employee welfare benefit
plans, as specified.
26)Adds LPCCs, LPCC interns, and LPCC trainees to the list of
mandated reporters.
27)Adds LPCCs to existing provisions of law governing
confidentiality of patient records when practicing at
institutions for the developmentally disabled or mental
SB 146
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hospitals.
28)Adds LPCCs to existing provisions of law related to staffing
requirements at local mental health facilities, as specified.
29)Makes technical and conforming changes.
EXISTING LAW provides for the licensure and regulation of LPCCs
by BBS.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "The
sole purpose of SB 146 is to add LPCCs to the state codes where
marriage and family therapists, a long-standing comparable
profession, are already included. Current law authorizes
licenses for qualified LPCCs. The codes need to be updated to
bring them in line with the new LPCC law. These amendments will
allow LPCCs to be effectively utilized in California."
Background . This bill makes conforming and clean up changes
relating to the provisions of SB 788 (Wyland), Chapter 619,
Statutes of 2009, which enacted the LPCC Act, providing for the
licensing and regulation of LPCCs in California. That bill was
the final step in a multi-year effort to establish LPCC
licensure in California.
Support . The California Association for Professional Clinical
Counselors writes in support, "The Codes included in this bill
need to be updated to bring them in line with the new LPCC law.
Professional Counselors are masters and doctoral-level mental
health service providers who practice psychotherapy. There are
over 110 Professional Counselors licensed in 49 states,
California being the last state to license this profession.
These amendments will allow LPCCs to be effectively utilized in
California.
Previous legislation . SB 788 (Wyland), Chapter 619, Statutes of
2009, establishes the LPCC Act which provides for the licensing
and regulation of LPCCs by BBS.
Double referred . This bill is double-referred to Assembly
Judiciary Committee.
SB 146
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REGISTERED SUPPORT / OPPOSITION :
Support
California Association for Professional Clinical Counselors
(sponsor)
California Alliance of Child and Family Services
Board of Behavioral Sciences
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301