Bill Text: CA AB1113 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Prisoners: professional mental health providers:

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 135, Statutes of 2009. [AB1113 Detail]

Download: California-2009-AB1113-Chaptered.html

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BILL NUMBER: AB 1113	CHAPTERED
	BILL TEXT

	CHAPTER  135
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JULY 16, 2009
	PASSED THE ASSEMBLY  MAY 18, 2009
	AMENDED IN ASSEMBLY  MAY 14, 2009

INTRODUCED BY   Assembly Members Bonnie Lowenthal and Anderson

                        FEBRUARY 27, 2009

   An act to amend Section 5068.5 of the Penal Code, relating to
prisoners.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1113, Bonnie Lowenthal. Prisoners: professional mental health
providers: marriage and family therapists.
   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.
   This bill would also authorize the waiver for a person to gain
qualifying experience for licensure as a marriage and family
therapist. The bill would provide that a person gaining qualifying
experience for licensure as a marriage and family therapist is
limited to working within his or her scope of practice.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5068.5 of the Penal Code is amended to read:
   5068.5.  (a) Notwithstanding any other law, except as provided in
subdivision (b), any person employed or under contract to provide
diagnostic, treatment, or other mental health services in the state
or to supervise or provide consultation on these services in the
state correctional system shall be a physician and surgeon, a
psychologist, or other health professional, licensed to practice in
this state.
   (b) Notwithstanding Section 5068 or Section 704 of the Welfare and
Institutions Code, the following persons are exempt from the
requirements of subdivision (a), so long as they continue in
employment in the same class and in the same department:
   (1) Persons employed on January 1, 1985, as psychologists to
provide diagnostic or treatment services including those persons on
authorized leave but not including intermittent personnel.
   (2) Persons employed on January 1, 1989, to supervise or provide
consultation on the diagnostic or treatment services including
persons on authorized leave but not including intermittent personnel.

   (c) The requirements of subdivision (a) may be waived in order for
a person to gain qualifying experience for licensure as a
psychologist, clinical social worker, or marriage and family
therapist in this state in accordance with Section 1277 of the Health
and Safety Code. A person gaining qualifying experience for
licensure as a marriage and family therapist is limited to working
within his or her scope of practice.