Bill Text: CA AB1808 | 2015-2016 | Regular Session | Chaptered
Bill Title: Minors: mental health treatment or counseling services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 292, Statutes of 2016. [AB1808 Detail]
Download: California-2015-AB1808-Chaptered.html
BILL NUMBER: AB 1808 CHAPTERED
BILL TEXT
CHAPTER 292
FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2016
APPROVED BY GOVERNOR SEPTEMBER 12, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 2, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
INTRODUCED BY Assembly Member Wood
FEBRUARY 8, 2016
An act to amend Section 124260 of the Health and Safety Code,
relating to minors.
LEGISLATIVE COUNSEL'S DIGEST
AB 1808, Wood. Minors: mental health treatment or counseling
services.
Existing law authorizes a minor who is 12 years of age or older
to consent to outpatient mental health treatment or counseling
services, notwithstanding any provision of law to the contrary, if,
in the opinion of the attending professional person, the minor is
mature enough to participate intelligently in those services.
Existing law defines "professional person," for the purposes of those
provisions, to include, among others, a marriage and family
therapist, a marriage and family therapist intern, a professional
clinical counselor, a clinical counselor intern, a clinical
psychologist, and a clinical social worker, as specified.
This bill would additionally authorize a marriage and family
therapist trainee, a clinical counselor trainee, a registered
psychologist, a registered psychological assistant, a psychology
trainee, an associate clinical social worker, and a social work
intern, while working under the supervision of certain licensed
professionals, respectively, to provide those services. The bill
would require the marriage and family therapist trainee, the clinical
counselor trainee, the psychology trainee, or the social work intern
to notify his or her supervisor or an on-call supervisor, as
specified, at the site where the trainee or intern volunteers or is
employed within 24 hours of treating or counseling a minor. The bill
would require the trainee or intern, if upon the initial assessment
of the minor the trainee or intern believes that the minor is a
danger to self or to others, to notify the supervisor, as specified,
immediately after the treatment or counseling session. The bill would
also change the definition of clinical psychologist for these
purposes and would make a technical, nonsubstantive change.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 124260 of the Health and Safety Code is amended
to read:
124260. (a) As used in this section:
(1) "Mental health treatment or counseling services" means the
provision of outpatient mental health treatment or counseling by a
professional person, as defined in paragraph (2).
(2) "Professional person" means any of the following:
(A) A person designated as a mental health professional in
Sections 622 to 626, inclusive, of Title 9 of the California Code of
Regulations.
(B) A marriage and family therapist, as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
(C) A licensed educational psychologist, as defined in Chapter
13.5 (commencing with Section 4989.10) of Division 2 of the Business
and Professions Code.
(D) A credentialed school psychologist, as described in Section
49424 of the Education Code.
(E) A clinical psychologist licensed under Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
(F) Any of the following persons, while working under the
supervision of a licensed professional specified in Section 2902 of
the Business and Professions Code:
(i) A registered psychologist, as defined in Section 2909.5 of the
Business and Professions Code.
(ii) A registered psychological assistant, as defined in Section
2913 of the Business and Professions Code.
(iii) A psychology trainee, as defined in Section 1387 of Title 16
of the California Code of Regulations.
(G) A licensed clinical social worker, as defined in Chapter 14
(commencing with Section 4991) of Division 2 of the Business and
Professions Code.
(H) An associate clinical social worker, or a social work intern,
as defined in Chapter 14 (commencing with Section 4991) of Division 2
of the Business and Professions Code, while working under the
supervision of a licensed professional specified in paragraph (1) of
subdivision (a) of Section 4996.23 of the Business and Professions
Code.
(I) A person registered as a marriage and family therapist intern,
or a marriage and family therapist trainee, as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code, while working under the supervision of a licensed
professional specified in subdivision (g) of Section 4980.03 of the
Business and Professions Code.
(J) A board certified, or board eligible, psychiatrist.
(K) A licensed professional clinical counselor, as defined in
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
(L) A person registered as a clinical counselor intern, or a
clinical counselor trainee, as defined in Chapter 16 (commencing with
Section 4999.10) of Division 2 of the Business and Professions Code,
while working under the supervision of a licensed professional
specified in subdivision (h) of Section 4999.12 of the Business and
Professions Code.
(b) (1) Notwithstanding any provision of law to the contrary, a
minor who is 12 years of age or older may consent to mental health
treatment or counseling services if, in the opinion of the attending
professional person, the minor is mature enough to participate
intelligently in the mental health treatment or counseling services.
(2) A marriage and family therapist trainee, a clinical counselor
trainee, a psychology trainee, or a social work intern, as specified
in paragraph (2) of subdivision (a), shall notify his or her
supervisor or, if the supervisor is unavailable, an on-call
supervisor at the site where the trainee or intern volunteers or is
employed within 24 hours of treating or counseling a minor pursuant
to paragraph (1). If upon the initial assessment of the minor the
trainee or intern believes that the minor is a danger to self or to
others, the trainee or intern shall notify the supervisor or, if the
supervisor is unavailable, the on-call supervisor immediately after
the treatment or counseling session.
(3) Nothing in paragraph (2) is intended to supplant, alter,
expand, or remove any other reporting responsibilities required of
trainees or interns under law.
(c) Notwithstanding any provision of law to the contrary, the
mental health treatment or counseling of a minor authorized by this
section shall include involvement of the minor's parent or guardian,
unless the professional person who is treating or counseling the
minor, after consulting with the minor, determines that the
involvement would be inappropriate. The professional person who is
treating or counseling the minor shall state in the client record
whether and when the person attempted to contact the minor's parent
or guardian, and whether the attempt to contact was successful or
unsuccessful, or the reason why, in the professional person's
opinion, it would be inappropriate to contact the minor's parent or
guardian.
(d) The minor's parent or guardian is not liable for payment for
mental health treatment or counseling services provided pursuant to
this section unless the parent or guardian participates in the mental
health treatment or counseling, and then only for services rendered
with the participation of the parent or guardian.
(e) This section does not authorize a minor to receive convulsive
treatment or psychosurgery, as defined in subdivisions (f) and (g) of
Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor's parent or guardian.
