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SB 801

Title: Healing arts: Board of Behavioral Sciences: Board of Psychology: licensees.
Author: Robert J. Archuleta

Summary
SB 801, Archuleta. Healing arts: Board of Behavioral Sciences: Board of Psychology: licensees. Existing law, the Medical Practice Act, provides for the licensure and regulation of the practice of medicine by the Medical Board of California and requires a health care provider initiating the use of telehealth to inform the patient, before the delivery of health care via telehealth, about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The act defines “health care provider” to include, among others, an associate marriage and family therapist or marriage and family therapist trainee, as specified.This bill would define health care provider to additionally include an associate clinical social worker and an associate professional clinical counselor, as specified. Existing law establishes the Board of Behavioral Sciences within the Department of Consumer Affairs, and requires the board to license and regulate various registrants and licensees under the Licensed Marriage and Family Therapist Act (LMFTA), the Educational Psychologist Practice Act (EPPA), the Clinical Social Worker Practice Act (CSWPA), and the Licensed Professional Clinical Counselor Act (LPCCA). Existing law requires the board to appoint an executive officer with certain duties and powers related to the administration and enforcement of those acts. Existing law repeals the provisions relating to the establishment of the board and the appointment, duties, and powers of the executive officer on January 1, 2022.This bill would extend those provisions until January 1, 2026.Existing law authorizes the board to deny, suspend, or revoke a license or registration for unprofessional conduct, which includes, among other things, a conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant. Existing law authorizes the board to take that disciplinary action when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under a specified provision allowing the person to withdraw a plea of guilty and enter a plea of not guilty or setting aside the verdict of guilty or dismissing the accusation, information, or indictment.This bill, instead, would remove the specification that the board’s authority to take that disciplinary action at those times is irrespective of such an order, and would require the board to take the action pursuant to the provisions governing the denial, suspension, and revocation of licenses of boards within the Department of Consumer Affairs.The LMFTA and LPCCA require applicants for licensure or registration to meet certain educational requirements, including, among others, training in assessment, diagnosis, and treatment planning.This bill would include in those educational requirements training in prognosis, as specified.The LPCCA authorizes a licensee to renew an expired license within 3 years of expiration if the licensee, among other requirements, pays all fees that would have been paid if the license had not become delinquent and all delinquency fees.This bill would require that licensee to instead pay a two-year renewal fee prescribed by the board and a delinquency fee. A violation of the LMFTA, EPPA, CSWPA, or LPCCA is a crime. The LMFTA, EPPA, CSWPA, and LPCCA all require a licensee or registrant, as provided, to provide a client with a certain notice written in at least 12-point type relating to a method for contacting the board regarding complaints about services provided by the applicable licensee prior to initiating services.This bill, among other things, would revise that notice requirement to require the notice be delivered prior to initiating services, or as soon as practicably poss

Status
Introduced. To Com. on RLS. for assignment. To print. 02/19/2021
From printer. May be acted upon on or after March 24. 02/22/2021
Read first time. 02/22/2021
Art. IV. Sec. 8(a) of the Constitution dispensed with. 02/22/2021
(Ayes 32. Noes 4.) 02/22/2021
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.) 02/22/2021
Referred to Com. on B., P. & E.D. 03/03/2021
Set for hearing April 19. 03/11/2021
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. 04/13/2021
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 841.) (April 19). Re-referred to Com. on APPR. 04/19/2021
Set for hearing May 3. 04/21/2021
May 3 hearing postponed by committee. 04/27/2021
Set for hearing May 10. 04/30/2021
May 10 set for first hearing canceled at the request of author. 05/04/2021
Set for hearing May 17. 05/07/2021
May 17 hearing: Placed on APPR suspense file. 05/17/2021
Set for hearing May 20. 05/18/2021
From committee: Do pass. (Ayes 7. Noes 0. Page 1205.) (May 20). 05/20/2021
Read second time. Ordered to third reading. 05/20/2021
Ordered to special consent calendar. 05/24/2021
Read third time. Passed. (Ayes 39. Noes 0. Page 1348.) Ordered to the Assembly. 06/01/2021
In Assembly. Read first time. Held at Desk. 06/02/2021
Referred to Com. on B. & P. 06/17/2021
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P. 06/17/2021
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P. 07/07/2021
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (July 14). 07/14/2021
Read second time and amended. Re-referred to Com. on APPR. 07/15/2021
August 19 set for first hearing. Placed on suspense file. 08/19/2021
From committee: Do pass. (Ayes 16. Noes 0.) (August 26). 08/26/2021
Read second time. Ordered to third reading. 08/30/2021
Read third time and amended. 09/01/2021
Ordered to third reading. 09/01/2021
Read third time. Passed. (Ayes 62. Noes 0.) Ordered to the Senate. 09/08/2021
In Senate. Concurrence in Assembly amendments pending. 09/08/2021
Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. 09/09/2021
Enrolled and presented to the Governor at 1:30 p.m. 09/17/2021

Bill Documents
SB 801 - Enrolled
09/13/21 - SB 801 (Enrolled)


SB 801 - Senate Floor Analyses
09/08/21 - SB 801 (Senate Floor Analyses)

SB 801 - Assembly Floor Analysis
09/01/21 - SB 801 (Assembly Floor Analysis)

SB 801 - Amended Assembly
09/01/21 - SB 801 (Amended Assembly)

SB 801 - Assembly Floor Analysis
08/31/21 - SB 801 (Assembly Floor Analysis)

SB 801 - Assembly Appropriations
08/16/21 - SB 801 (Assembly Appropriations)

SB 801 - Amended Assembly
07/15/21 - SB 801 (Amended Assembly)

SB 801 - Assembly Business And Professions
07/13/21 - SB 801 (Assembly Business And Professions)

SB 801 - Amended Assembly
07/07/21 - SB 801 (Amended Assembly)

SB 801 - Amended Assembly
06/17/21 - SB 801 (Amended Assembly)

SB 801 - Senate Floor Analyses
05/22/21 - SB 801 (Senate Floor Analyses)

SB 801 - Senate Appropriations
05/14/21 - SB 801 (Senate Appropriations)

SB 801 - Senate Business, Professions And Economic Development
04/14/21 - SB 801 (Senate Business, Professions And Economic Development)

SB 801 - Amended Senate
04/13/21 - SB 801 (Amended Senate)

SB 801 - Introduced
02/19/21 - SB 801 (Introduced)