SB 993

Introduced by Senator Ochoa Bogh
(Coauthor: Assembly Member Jeff Gonzalez)
 An act to amend Sections 4980.32, 4989.17, 4996.75, and 4999.71 of the Business and Professions Code, relating to healing arts.
healing arts
Board of Behavioral Sciences: licensees: notices.
Existing law establishes the Board of Behavioral Sciences and sets forth its powers and duties, including, but not limited to, the licensing, registration, and regulation of marriage and family therapists, educational psychologists, clinical social workers, and professional clinical counselors. Existing law requires these licensees and registrants to provide a client with a written notice stating that the board receives and responds to complaints regarding services provided by the licensee or registrant and containing specified information about the licensee or registrant and their license.
This bill would authorize the licensee or registrant, in specified practice settings, to exercise discretion whether to disclose any or all
			 of the information about the licensee or registrant and their license in the notice based on individual safety concerns if certain requirements are met.
The people of the State of California do enact as follows:
SECTION 1.
Section 4980.32 of the
Business and Professions Code
 is amended to read:
4980.32.
(a) A licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services, or as soon as practicably possible thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of marriage and family therapists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b) (1) Except as
						provided in paragraph (2), upon initiation of psychotherapy services with a client, the notice described in subdivision (a) shall also include the licensee’s or registrant’s full name as filed with the board, the license or registration number, the type of license or registration, and the license or registration expiration date.
(2) (A) In any of the following practice settings, a licensee or registrant may exercise discretion whether to include any or all of the information required by paragraph (1) in the notice required by subdivision (a) based on individual safety concerns if the employing entity or agency of the licensee or registrant
						authorizes the licensee or registrant to exercise discretion and the setting has an established process by which the client may request and obtain sufficient identification information to file a complaint with the board, that process is
						disclosed to the client as part of the notice, and a copy of the notice is preserved as part of the client’s records:
(i) An acute psychiatric hospital, as defined in Section 1250 of the Health and Safety Code.
(ii) A correctional treatment center, as defined in Section 1250 of the Health and Safety Code.
(iii) Any setting where mental health services are provided to incarcerated individuals under the jurisdiction of a local, state, or federal correctional authority, including, but not limited to, a state prison, county jail, juvenile detention facility, or other correctional setting operated by, or under contract with, a governmental entity.
(B) When identifying information is withheld pursuant to this subdivision, the correctional facility or psychiatric hospital shall maintain a process through which a client may obtain sufficient identifying information to file a complaint with the board.
(c) Delivery of the notice required by this section to the client shall be documented.
SEC. 2.
Section 4989.17 of the
Business and Professions Code
 is amended to read:
4989.17.
(a) A licensee shall provide a client with a notice written in at least 12-point type prior to initiating psychological services, or as soon as practicably possible thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of licensed educational psychologists. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b) (1) Except as
						provided in paragraph (2), upon initiation of psychological services with a client, the notice described in subdivision (a) shall also include the licensee’s full name as filed with the board, the license number, the type of license, and the license expiration date.
(2) (A) In any of the following practice settings, a licensee may exercise discretion whether to include any or all of the information required by paragraph (1) in the notice required by subdivision (a) based on individual safety concerns if the employing entity or agency of the licensee authorizes the licensee to exercise discretion and the setting has an
						established process by which the client may request and obtain sufficient identification information to file a complaint with the board, that process is disclosed to the client as part of the notice, and a copy of the notice is preserved as part of the client’s records:
(i) An acute psychiatric hospital, as defined in Section 1250 of the Health and Safety Code.
(ii) A correctional treatment center, as defined in Section 1250 of the Health and Safety Code.
(iii) Any setting where mental health services are provided to incarcerated individuals under the jurisdiction of a local, state, or federal correctional authority, including, but not limited to, a state prison, county jail, juvenile detention facility, or other correctional
						setting operated by, or under contract with, a governmental entity.
(B) When identifying information is withheld pursuant to this subdivision, the correctional facility or psychiatric hospital shall maintain a process through which a client may obtain sufficient identifying information to file a complaint with the board.
(c) Delivery of the notice required by this section to the client shall be documented.
SEC. 3.
Section 4996.75 of the
Business and Professions Code
 is amended to read:
4996.75.
(a) A licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services, or as soon as practicably possible thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of clinical social workers. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b) (1) Except as
						provided in paragraph (2), upon initiation of psychotherapy services with a client, the notice described in subdivision (a) shall also include the licensee’s or registrant’s full name as filed with the board, the license or registration number, the type of license or registration, and the license or registration expiration date.
(2) (A) In any of the following practice settings, a licensee or registrant may exercise discretion whether to include any or all of the information required by paragraph (1) in the notice required by subdivision (a) based on individual safety concerns if the employing entity or agency of the licensee or registrant
						authorizes the licensee or registrant to exercise discretion and the setting has an established process by which the client may request and obtain sufficient identification information to file a complaint with the board, that process is disclosed to the client as part of the notice, and a copy of the notice is preserved as part of the client’s records:
(i) An acute psychiatric hospital, as defined in Section 1250 of the Health and Safety Code.
(ii) A correctional treatment center, as defined in Section 1250 of the Health and Safety Code.
(iii) Any setting where mental health services are provided to incarcerated individuals under the jurisdiction of a local, state, or federal correctional authority,
						including, but not limited to, a state prison, county jail, juvenile detention facility, or other correctional setting operated by, or under contract with, a governmental entity.
(B) When identifying information is withheld pursuant to this subdivision, the correctional facility or psychiatric hospital shall maintain a process through which a client may obtain sufficient identifying information to file a complaint with the board.
(c) Delivery of the notice required by this section to the client shall be documented.
SEC. 4.
Section 4999.71 of the
Business and Professions Code
 is amended to read:
4999.71.
(a) A licensee or registrant shall provide a client with a notice written in at least 12-point type prior to initiating psychotherapy services, or as soon as practicably possible thereafter, that reads as follows:
NOTICE TO CLIENTS
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of professional clinical counselors. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
(b) (1) Except as provided in paragraph (2), upon initiation of psychotherapy services with a client, the notice described in subdivision (a) shall also include the licensee’s or registrant’s full name as filed with the board, the license or registration number, the type of license or registration, and the license or registration expiration date.
(2) (A) In any of the following practice settings, a licensee or registrant may exercise discretion whether to include any or all of the information required by paragraph (1) in the notice required by subdivision (a) based on individual safety concerns if the employing entity or agency of
						the licensee or registrant authorizes the licensee or registrant to exercise discretion and the setting has an established process by which the client may request and obtain sufficient identification information to file a complaint with the board, that process is disclosed to the client as part of the notice, and a copy of the notice is preserved as part of the client’s records:
(i) An acute psychiatric hospital, as defined in Section 1250 of the Health and Safety Code.
(ii) A correctional treatment center, as defined in Section 1250 of the Health and Safety Code.
(iii) Any setting where mental health services are provided to incarcerated individuals under the jurisdiction of a local, state, or federal
						correctional authority, including, but not limited to, a state prison, county jail, juvenile detention facility, or other correctional setting operated by, or under contract with, a governmental entity.
(B) When identifying information is withheld pursuant to this subdivision, the correctional facility or psychiatric hospital shall maintain a process
						through which a client may obtain sufficient identifying information to file a complaint with the board.
(c) Delivery of the notice required by this section to the client shall be documented.