BILL ANALYSIS �
SB 146
Page 1
SENATE THIRD READING
SB 146 (Wyland)
As Amended August 18, 2011
Majority vote
SENATE VOTE :37-0
BUSINESS & PROFESSIONS 9-0JUDICIARY 9-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Feuer, Wagner, Atkins, |
| |Allen, Butler, Eng, | |Dickinson, Beth Gaines, |
| |Hagman, Hill, Ma, Smyth | |Huber, Jones, Monning, |
| | | |Wieckowski |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, | | |
| |Dickinson, Hall, Hill, | | |
| |Lara, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
| | | | |
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SUMMARY : Adds licensed 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 (AIDS).
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.
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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 of law for LPCC
corporations, as specified.
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, 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.
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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.
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
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and 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
hospitals.
28)Adds LPCCs to existing provisions of law related to staffing
requirements at local mental health facilities, as specified.
29)Double joints this bill to SB 704 (Negrete McLeod) and SB 368
(Liu), as specified.
30)Makes technical and conforming changes.
EXISTING LAW provides for the licensure and regulation of LPCCs
by BBS.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state fiscal impact.
COMMENTS : According to the author, "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."
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
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regulation of LPCCs in California. That bill was the final step
in a multi-year effort to establish LPCC licensure in
California.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0001831