Proposed Legislation: Omnibus Bill 2022

1 To: Committee Members Date: October 7, 2021. From: Rosanne Helms Telephone: (916) 574-7897. Legislative Manager Subject: Proposed Legislation: Omnibus Bill 2022. Each year, staff reviews the Board's statutes to if determine technical, minor or nonsubstantive clean-up amendments need to be made. Typically, such amendments are run in an Omnibus bill that the legislature runs each year. Staff has identified three sets of amendments that the Board may wish to consider for inclusion in the upcoming year's Omnibus bill. 1. Amend BPC Sections , , , : Required Suicide Risk Assessment Coursework or Experience - Correct Numbering Error (Attachment A). Background: The one-time requirement that all applicants for licensure and current licensees complete 6 hours of coursework or experience in suicide risk assessment and intervention became effective on January 1, 2021. There is an error with subdivision (c) in each of the above listed code sections. Subdivision (c) should actually be a part of subdivision (b).

2 This is because the requirement that compliance be certified under penalty of perjury only applies to existing licensees. Applicants must submit written documentation to the board instead of self-certifying; therefore the language in subdivision (c) does not apply to applicants, only licensees. Recommendation: Make the language in subdivision (c) a part of subdivision (b), so that it is clear that the self-certifying under penalty of perjury requirement is only applicable to existing licensees. 2. Amend BPC Sections , , and - Reference Error regarding Requirements for Licensed Educational Psychologists (LEPs) who Serve as Supervisors (Attachment B). III - 1. Background: One requirement for LEPs who serve as supervisors of associates is that they must have practiced psychological counseling, or served as a supervisor , for at least 2 of the past 5 years immediately preceding supervision. The requirement citing the practice psychological counseling requirement is incorrect in the three above listed sections.

3 Sections and incorrectly reference sections (b) of LEP statute, which is not the correct reference. Section incorrectly references section (e), which does not exist. The correct reference is section (a)(5), which includes psychological counseling as part of the LEP scope of practice. Recommendation: Correct the errant reference in sections , , and to correctly reference section (a)(5). 3. Amend Health and Safety Code Section and Insurance Code Section Definition of a Health Care Provider in SB 855 (Chapter 151, Statutes of 2020) (Attachment C). Identification of the Problem: SB 855 (Wiener, Health Coverage: Mental Health or Substance Use Disorders) was a bill the Board supported that the Governor signed into law in 2020. The bill expands California's 1999 Mental Health Parity Act. It requires health plans and insurers that provide hospital, medical or surgical coverage to cover all medically necessary treatment of mental health and substance use disorders under the same terms and conditions applied to other medical conditions.

4 This bill contains a definition of a health care provider in the two sections noted above. Separate from its position, the Board had ultimately decided to request that all of its associates be added to the definition of health care provider , but that trainees either be removed, or it be clarified that they are under supervision of a licensed person. Due to the unusual circumstances of the 2020 legislative session, the author was ultimately not able to make these amendments before session ended. The author's staff person suggested, however, that the Board pursue them as part of the Health Committee's Omnibus bill. Proposed Solution: The Board requests an amendment to the definition of a health care provider as follows to address its concerns: Delete professional clinical counselor trainees from the definition (they cannot count pre-degree hours, and therefore are not necessarily under the supervision of a licensed professional.). III - 2.

5 Continue to include marriage and family therapist trainees in the definition but clarify that they are performing activities and services as part of their supervised course of study as set out in of the Business and Professions Code. (In order to count pre-degree hours, MFT trainees must be supervised by a licensed person who meets the Board's supervisor qualifications.). Recommendation Conduct an open discussion about the Proposed amendments. Direct staff to make any discussed changes, and any non-substantive changes, and bring to the Board for consideration as a legislative proposal. Attachments Attachment A: Proposed Language to Amend BPC Sections , , , : Required Suicide Risk Assessment Coursework or Experience - Correct Numbering Error Attachment B: Proposed Language to Amend BPC Sections , , and - Reference Error Regarding Requirements for LEPs who Serve as Supervisors Attachment C: Amend Health and Safety Code Section and Insurance Code Section Definition of a Health Care Provider.

6 III - 3. Blank Page III - 4. Attachment A. Omnibus Bill 2022. Proposed Text AMEND BUSINESS AND PROFESSIONS CODE (BPC) REQUIRED. COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK ASSESSMENT. AND INTERVENTION. (a) On or after January 1, 2021, an applicant for licensure as a marriage and family therapist shall show, as part of the application, that he or she has completed a minimum of six hours of coursework or applied experience under supervision in suicide risk assessment and intervention. This requirement shall be met in one of the following ways: (1) Obtained as part of his or her qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution's curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant.

7 (2) Obtained as part of his or her applied experience. Applied experience can be met in any of the following settings: practicum or associateship that meets the requirement of this chapter, formal postdoctoral placement that meets the requirements of Section 2911, or other qualifying supervised experience. To satisfy this requirement, the applicant shall submit to the board a written certification from the director of training for the program or primary supervisor where the qualifying experience has occurred stating that the training required by this section is included within the applied experience. (3) By taking a continuing education course that meets the requirements of Section To satisfy this requirement, the applicant shall submit to the board a certification of completion. (b) As a one-time requirement, a licensee prior to the time of his or her first renewal after January 1, 2021, or an applicant for reactivation or reinstatement to an active license status on or after January 1, 2021, shall have completed a minimum of six hours of coursework or applied experience under supervision in suicide risk assessment and intervention, using one of the methods specified in subdivision (a).

8 (c) Proof of compliance with this section shall be certified under penalty of perjury that he or she is in compliance with this section and shall be retained for submission to the board upon request. III - 5. AMEND BPC REQUIRED COURSEWORK OR SUPERVISED. EXPERIENCE: SUICIDE RISK ASSESSMENT AND INTERVENTION. (a) On or after January 1, 2021, an applicant for licensure as an educational psychologist shall show, as part of the application, that he or she has completed a minimum of six hours of coursework or applied experience under supervision in suicide risk assessment and intervention. This requirement shall be met in one of the following ways: (1) Obtained as part of his or her qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution's curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant.

9 (2) Obtained as part of his or her applied experience. Applied experience can be met in any of the following settings: practicum, supervised experience gained pursuant to Section , formal postdoctoral placement that meets the requirements of Section 2911, or other qualifying supervised experience. To satisfy this requirement, the applicant shall submit to the board a written certification from the director of training for the program or primary supervisor where the qualifying experience has occurred stating that the training required by this section is included within the applied experience. (3) By taking a continuing education course that meets the requirements of Section To satisfy this requirement, the applicant shall submit to the board a certification of completion. (b) As a one-time requirement, a licensee prior to the time of his or her first renewal after January 1, 2021, or an applicant for reactivation or reinstatement to an active license status on or after January 1, 2021, shall have completed a minimum of six hours of coursework or applied experience under supervision in suicide risk assessment and intervention, using one of the methods specified in subdivision (a).

10 (c) Proof of compliance with this section shall be certified under penalty of perjury that he or she is in compliance with this section and shall be retained for submission to the board upon request. AMEND BPC REQUIRED COURSEWORK OR SUPERVISED. EXPERIENCE: SUICIDE RISK ASSESSMENT AND INTERVENTION. (a) On or after January 1, 2021, an applicant for licensure as a clinical social worker shall show, as part of the application, that he or she has completed a minimum of six hours of coursework or applied experience under supervision in suicide risk III - 6. assessment and intervention. This requirement shall be met in one of the following ways: (1) Obtained as part of his or her qualifying graduate degree program. To satisfy this requirement, the applicant shall submit to the board a written certification from the registrar or training director of the educational institution or program from which the applicant graduated stating that the coursework required by this section is included within the institution's curriculum required for graduation at the time the applicant graduated, or within the coursework that was completed by the applicant.