Bill Text: CA AB2143 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mental health: Licensed Mental Health Service Provider Education Program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2018-09-17 - Vetoed by Governor. [AB2143 Detail]

Download: California-2017-AB2143-Amended.html

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Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2143

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Introduced by Assembly Member Caballero

February 12, 2018

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An act to amend Section 128454 of the Health and Safety Code, relating to mental health. An act to add Sections 2815.2, 3521.4, and 4989.69 to the Business and Professions Code, and to amend, repeal, and add Sections 128454 and 128456 of, the Health and Safety Code, relating to mental health, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 2143, as amended, Caballero. Licensed Mental Health Service Provider Education Program: providers. Mental health: Licensed Mental Health Service Provider Education Program.

Existing law establishes the Licensed Mental Health Service Provider Education Program within the Health Professions Education Foundation. Existing law authorizes a licensed mental health service provider, as defined, including, among others, a psychologist and a marriage and family therapist, who provides direct patient care in a publicly funded facility or a mental health professional shortage area to apply for grants under the program to reimburse his or her educational loans related to a career as a licensed mental health service provider, as specified. Existing law establishes the Mental Health Practitioner Education Fund in the State Treasury and provides that moneys in that fund are available, upon appropriation, for expenditure by the Office of Statewide Health Planning and Development for purposes of the program.

This bill would add physician assistants who specialize in mental health services and psychiatric-mental health nurse practitioners to those licensed mental health service providers eligible for grants under the program.

This bill would, on and after July 1, 2019, add nurse practitioners listed as psychiatric-mental health nurses, physician assistants who specialize in mental health services, and licensed educational psychologists, as specified, to those licensed mental health service providers eligible for grants to reimburse educational loans, and would make other conforming changes. Commencing July 1, 2019, the bill would also add the Physician Assistant Board and the Board of Registered Nursing to the list of entities from which the Health Professions Education Foundation must solicit advice in developing the program.

The Nursing Practice Act makes the Board of Registered Nursing responsible for the licensure and regulation of registered nurses. That act requires the board to assess a license renewal fee, as specified. Existing law requires the board to charge an additional $10 fee to be deposited in the Registered Nurse Education Fund for purposes of the California Registered Nurse Education Program.

This bill would, on and after July 1, 2019, require the board to collect an additional $20 fee at the time of license renewal from a nurse practitioner who is listed by the board as a psychiatric mental health nurse and would require that those funds be deposited in the Mental Health Practitioner Education Fund.

The Physician Assistant Practice Act makes the Physician Assistant Board responsible for the licensure and regulation of physician assistants. That act requires the board to establish and assess a license renewal fee, as specified.

This bill would, on and after July 1, 2019, require the board to collect an additional $20 fee at the time of renewal of the license of a physician assistant participating in the Licensed Mental Health Service Provider Education Program. The bill would require that the fee be deposited in the Mental Health Practitioner Education Fund.

The Educational Psychologist Practice Act makes the Board of Behavioral Sciences responsible for the licensure and regulation of educational psychologists. That act requires the board to assess a license renewal fee, as specified.

This bill would, on and after July 1, 2019, require the board to collect an additional $20 fee at the time of renewal of a license for a licensed educational psychologist for deposit in the Mental Health Practitioner Education Fund.

This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 2815.2 is added to the Business and Professions Code, to read:

2815.2.

 (a) Notwithstanding subdivision (d) of Section 2815, the board shall do both of the following:

(1) In addition to the fees charged pursuant to subdivision (d) of Section 2815 for the biennial renewal of a license, collect from a nurse practitioner who is listed by the board as a “psychiatric mental health nurse” under Section 2732.05 an additional fee of twenty dollars ($20) at the time of renewal.

(2) Transfer the additional fee described in paragraph (1) to the Controller, who shall deposit the funds into the Mental Health Practitioner Education Fund.

(b) This section shall become operative on July 1, 2019.

SEC. 2.

 Section 3521.4 is added to the Business and Professions Code, to read:

3521.4.

 (a) Notwithstanding subdivision (c) of Section 3521.1, after receiving a notice from the Health Professions Education Foundation described in paragraph (2) of subdivision (c) of Section 128454 of the Health and Safety Code, the board shall do both of the following:

(1) In addition to the fees charged pursuant to Section 3521.1 for the biennial renewal of a license, collect an additional fee of twenty dollars ($20) from the licensee identified in the notice at the time of renewal of his or her license.

(2) Transfer the additional fee described in paragraph (1) to the Controller, who shall deposit the funds into the Mental Health Practitioner Education Fund.

(b) This section shall become operative on July 1, 2019.

SEC. 3.

 Section 4989.69 is added to the Business and Professions Code, to read:

4989.69.

 (a) Notwithstanding paragraph (3) of subdivision (a) of Section 4989.68 the board shall do both of the following:

(1) In addition to the fees charged pursuant to Section 4989.68 for the biennial renewal of a license, collect an additional fee of twenty dollars ($20) at the time of renewal.

(2) Transfer the additional fee described in paragraph (1) to the Controller who shall deposit the funds into the Mental Health Practitioner Education Fund.

(b) This section shall become operative on July 1, 2019.

SEC. 4.

 Section 128454 of the Health and Safety Code, as added by Section 9 of Chapter 557 of the Statutes of 2017, is amended to read:

128454.

 (a) There is hereby created the Licensed Mental Health Service Provider Education Program within the Health Professions Education Foundation.

(b) For purposes of this article, the following definitions shall apply:

(1) “Licensed mental health service provider” means a psychologist licensed by the Board of Psychology, registered psychologist, postdoctoral psychological assistant, postdoctoral psychology trainee employed in an exempt setting pursuant to Section 2910 of the Business and Professions Code or employed pursuant to a State Department of Health Care Services waiver pursuant to Section 5751.2 of the Welfare and Institutions Code, marriage and family therapist, associate marriage and family therapist, licensed clinical social worker, associate clinical social worker, licensed professional clinical counselor, and associate professional clinical counselor.

(2) “Mental health professional shortage area” means an area designated as such by the Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services.

(c) Commencing January 1, 2005, any licensed mental health service provider, including a mental health service provider who is employed at a publicly funded mental health facility or a public or nonprofit private mental health facility that contracts with a county mental health entity or facility to provide mental health services, who provides direct patient care in a publicly funded facility or a mental health professional shortage area may apply for grants under the program to reimburse his or her educational loans related to a career as a licensed mental health service provider.

(d) The Health Professions Education Foundation shall make recommendations to the director of the office concerning all of the following:

(1) A standard contractual agreement to be signed by the director and any licensed mental health service provider who is serving in a publicly funded facility or a mental health professional shortage area that would require the licensed mental health service provider who receives a grant under the program to work in the publicly funded facility or a mental health professional shortage area for at least one year.

(2) The maximum allowable total grant amount per individual licensed mental health service provider.

(3) The maximum allowable annual grant amount per individual licensed mental health service provider.

(e) The Health Professions Education Foundation shall develop the program, which shall comply with all of the following requirements:

(1) The total amount of grants under the program per individual licensed mental health service provider shall not exceed the amount of educational loans related to a career as a licensed mental health service provider incurred by that provider.

(2) The program shall keep the fees from the different licensed providers separate to ensure that all grants are funded by those fees collected from the corresponding licensed provider groups.

(3) A loan forgiveness grant may be provided in installments proportionate to the amount of the service obligation that has been completed.

(4) The number of persons who may be considered for the program shall be limited by the funds made available pursuant to Section 128458.

(f) This section shall become operative on July 1, 2018.

(g) This section shall become inoperative on July 1, 2019, and as of January 1, 2020, is repealed.

SEC. 5.

 Section 128454 is added to the Health and Safety Code, to read:

128454.

 (a) There is hereby created the Licensed Mental Health Service Provider Education Program within the Health Professions Education Foundation.

(b) For purposes of this article, the following definitions shall apply:

(1) “Licensed mental health service provider” means the following licensees:

(A) A psychologist licensed by the Board of Psychology, registered psychologist, postdoctoral psychological assistant, or a postdoctoral psychology trainee employed in an exempt setting pursuant to Section 2910 of the Business and Professions Code or employed pursuant to a State Department of Health Care Services waiver pursuant to Section 5751.2 of the Welfare and Institutions Code.

(B) A licensed marriage and family therapist or an associate marriage and family therapist.

(C) A licensed clinical social worker or an associate clinical social worker.

(D) A licensed professional clinical counselor or an associate professional clinical counselor.

(E) A licensed educational psychologist.

(F) A physician assistant who specializes in mental health services.

(G) A nurse practitioner licensed to practice pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code and listed by the Board of Registered Nursing as a “psychiatric-mental health nurse.”

(2) “Mental health professional shortage area” means an area designated as such by the Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services.

(c) (1) Any licensed mental health service provider, including a mental health service provider who is employed at a publicly funded mental health facility or a public or nonprofit private mental health facility that contracts with a county mental health entity or facility to provide mental health services, who provides direct patient care in a publicly funded facility or a mental health professional shortage area may apply for grants under the program to reimburse his or her educational loans related to a career as a licensed mental health service provider, including educational loans used to pay for education used to obtain a license as a physician assistant or psychiatric mental health nurse practitioner as defined in subparagraphs (F) and (G) of paragraph (1) of subdivision (b).

(2) Upon entering into a contractual agreement specified in paragraph (1) of subdivision (d) with a physician assistant described in subparagraph (F) of paragraph (1) of subdivision (b), the Health Professions Education Foundation shall notify the Physician Assistant Board for purposes of collecting the fee required under Section 3521.4 of the Business and Professions Code.

(d) The Health Professions Education Foundation shall make recommendations to the director of the office concerning all of the following:

(1) A standard contractual agreement to be signed by the director and any licensed mental health service provider who is serving in a publicly funded facility or a mental health professional shortage area that would require the licensed mental health service provider who receives a grant under the program to work in the publicly funded facility or a mental health professional shortage area for at least one year.

(2) The maximum allowable total grant amount per individual licensed mental health service provider.

(3) The maximum allowable annual grant amount per individual licensed mental health service provider.

(e) The Health Professions Education Foundation shall develop the program, which shall comply with all of the following requirements:

(1) The total amount of grants under the program per individual licensed mental health service provider shall not exceed the amount of educational loans related to a career as a licensed mental health service provider incurred by that provider.

(2) The program shall keep the fees from the different licensed providers separate to ensure that all grants are funded by those fees collected from the corresponding licensed provider groups.

(3) A loan forgiveness grant may be provided in installments proportionate to the amount of the service obligation that has been completed.

(4) The number of persons who may be considered for the program shall be limited by the funds made available pursuant to Section 128458.

(f) This section shall become operative on July 1, 2019.

SEC. 6.

 Section 128456 of the Health and Safety Code is amended to read:

128456.

 (a) In developing the program established pursuant to this article, the Health Professions Education Foundation shall solicit the advice of representatives of the Board of Behavioral Sciences, the Board of Psychology, the State Department of Health Care Services, the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, professional mental health care organizations, the California Healthcare Association, the Chancellor of the California Community Colleges, and the Chancellor of the California State University. The foundation shall solicit the advice of representatives who reflect the demographic, cultural, and linguistic diversity of the state.

(b) This section shall become inoperative on July 1, 2019, and as of January 1, 2020, is repealed.

SEC. 7.

 Section 128456 is added to the Health and Safety Code, to read:

128456.

 (a) In developing the program established pursuant to this article, the Health Professions Education Foundation shall solicit the advice of representatives of the Board of Behavioral Sciences, the Board of Psychology, the Physician Assistant Board, the Board of Registered Nursing, the State Department of Health Care Services, the County Behavioral Health Directors Association of California, the California Behavioral Health Planning Council, professional mental health care organizations, the California Healthcare Association, the Chancellor of the California Community Colleges, and the Chancellor of the California State University. The foundation shall solicit the advice of representatives who reflect the demographic, cultural, and linguistic diversity of the state.

(b) This section shall become operative on July 1, 2019.

SEC. 8.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to address the urgent need for licensed mental health practitioners in medically underserved areas, it is necessary that this act take effect immediately.

SECTION 1.Section 128454 of the Health and Safety Code, as added by Section 9 of Chapter 557 of the Statutes of 2017, is amended to read:

128454.

(a)There is hereby created the Licensed Mental Health Service Provider Education Program within the Health Professions Education Foundation.

(b)For purposes of this article, the following definitions shall apply:

(1)“Licensed mental health service provider” means a psychologist licensed by the Board of Psychology, registered psychologist, postdoctoral psychological assistant, postdoctoral psychology trainee employed in an exempt setting pursuant to Section 2910 of the Business and Professions Code or employed pursuant to a State Department of Health Care Services waiver pursuant to Section 5751.2 of the Welfare and Institutions Code, marriage and family therapist, associate marriage and family therapist, licensed clinical social worker, associate clinical social worker, licensed professional clinical counselor, associate professional clinical counselor, physician assistant who specializes in mental health services, and psychiatric-mental health nurse practitioner licensed to practice pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.

(2)“Mental health professional shortage area” means an area designated as such by the Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services.

(c)Commencing January 1, 2005, any licensed mental health service provider, including a mental health service provider who is employed at a publicly funded mental health facility or a public or nonprofit private mental health facility that contracts with a county mental health entity or facility to provide mental health services, who provides direct patient care in a publicly funded facility or a mental health professional shortage area may apply for grants under the program to reimburse his or her educational loans related to a career as a licensed mental health service provider.

(d)The Health Professions Education Foundation shall make recommendations to the director of the office concerning all of the following:

(1)A standard contractual agreement to be signed by the director and any licensed mental health service provider who is serving in a publicly funded facility or a mental health professional shortage area that would require the licensed mental health service provider who receives a grant under the program to work in the publicly funded facility or a mental health professional shortage area for at least one year.

(2)The maximum allowable total grant amount per individual licensed mental health service provider.

(3)The maximum allowable annual grant amount per individual licensed mental health service provider.

(e)The Health Professions Education Foundation shall develop the program, which shall comply with all of the following requirements:

(1)The total amount of grants under the program per individual licensed mental health service provider shall not exceed the amount of educational loans related to a career as a licensed mental health service provider incurred by that provider.

(2)The program shall keep the fees from the different licensed providers separate to ensure that all grants are funded by those fees collected from the corresponding licensed provider groups.

(3)A loan forgiveness grant may be provided in installments proportionate to the amount of the service obligation that has been completed.

(4)The number of persons who may be considered for the program shall be limited by the funds made available pursuant to Section 128458.

(f)This section shall become operative on July 1, 2018.