TherapistFinder.com   |   CEFinder   |   Job Board   |   CAMFT Community
Home
Member Login
      Printer Friendly
       
About CAMFT
CAMFT Bylaws
Code of Ethics Part I
Code of Ethics Part II
Legislative Updates
BBS Updates
The Building of a Profession
Board of Directors
CAMFT Staff
What is an MFT?
Join CAMFT
Join TherapistFinder
CAMFT PAC
Job Board
CAMFT Community

Legislative Update July 2008

July 2008


As you are reading this article, the legislature is now on summer recess. The legislature will return in August, there will be a flurry of activity for about a month and then the session will conclude. It is common that much happens in the final month of the twoyear session.

CAMFT Legislation for 2008

Department of Corrections Marriage and Family Therapist Registered Interns
AB 2652 (Anderson)

This bill, which sought to amend Penal Code Section 5068.5(c) to allow persons aspiring to MFT licensure to be employed within the Department of Corrections and Rehabilitation (CDCR), (as is the case with persons pursuing the psychology and clinical social work licenses) was set aside for this year. Due to opposition from AFCSME (the union representing the interests of psychologists and clinical social workers employed within the CDCR) and the lack of the bill’s supporters being available when we needed them, we chose to not move the bill forward at this time as there was fear that not only would it not have received sufficient votes, it would in fact likely have received “no” votes from legislators who typically vote consistent with union expectations. We will resume with a similar bill next year and hope that we can locate a union-sympathetic author, who is willing to “take on” this issue. The union opposition stated:

“. . .MFTs are well trained to deal with marriage and family counseling issues, but not the wide variety of mental health issues of California’s inmate population that are deemed to be part of the CDCR’s primary mission in service offerings to inmates. These mental and behavioral disorders are the primary reasons that inmates end up incarcerated. As such, the State has not yet developed a classification in State service for Marriage and Family Therapists. AB 2652 is clearly a backdoor attempt at trying to create a new category for them in State service.

“Additionally, psychologists, physicians and clinical social workers working in California’s prisons are already in short supply and they do not have the time to supervise persons who otherwise will not help meet the needs of the inmate population. This will serve to further distract from the mission of treating inmates in accordance with the requirements of the Court.

“. . .AB 2652 would take opportunities away from the next generation of psychologist and social work interns necessary to fill vacancies. . .”

This bill is of highest priority as we attempt to provide assistance to the Department of Corrections and Rehabilitation whom we have been working with to find ways for them to utilize the services, within the Department, of licensed marriage and family therapists and aspiring marriage and family therapists. The Department is currently working to create a job classification specifically for marriage and family therapists.

Our prior attempts to assure MFTs’ utilization in the Department have been met with extreme opposition—often covert, resistance, and vetoed legislation. This opposition has been advanced by the Department itself (in the past), the other mental health disciplines, peace officers, and the Union. Even though, when MFTs are utilized within the Department, we too will become a part of the Union’s membership; at this time, because of the Union’s composition, they oppose our inclusion based on the demands of disciplines that make up the Union protecting their “turf.”

We will begin anew next year to achieve this very important piece of legislation that is necessary for the profession to be on par with the other disciplines.

Schools and Their Ability to Terminate Students and Faculty and be Immune from Liability
AB 164 (Smyth)

This bill sought to amend Section 43.8 of the Civil Code. It provides for immunity from liability for MFT qualified educational programs where persons are evaluated with regard to their qualifications, fitness, character, or insurability as practitioners of the healing arts. We believe this legislation benefits MFT educational programs and provides them greater latitude when evaluating and possibly terminating students. This bill was a “gut and amend” replacing legislation we were pursuing last year that we were unable to achieve. This bill has now been signed into law by the Governor and will become effective January 1, 2009.

Limitation on Publishing Citations and Fines on the Internet
SB 1779 (Senate Business and Professions Committee)

This bill, among other things, adds a section to the Business and Professions Code to limit the publication (on the Internet) of citations issued by the BBS and resolved by payment of a fine to a period of no more than five years. This limitation on publication would be for fines up to $1,500. Fines over $1,500 would be published pursuant to current policy— in perpetuity. This measure is part of an omnibus Committee bill. The Committee was actually reluctant to add this provision to the bill and did so only as a result of the advocacy of the BBS Executive Officer Paul Riches, to whom we are very appreciative. The concerns about this bill were resolved in advance and it is likely this bill will proceed from this point without too much difficulty.

Inclusion of MFTs in Peer Review Procedures
AB 1922 (Hernandez)

This bill amends Section 809(b) of the Business and Professions Code to include LMFTs within the definition of “healing arts practitioner” for purposes of being subject to specified peer review processes and protections. This bill permits MFTs to be subject to the same peer review procedures available to other professionals who are specifically named in this section of law. Late in the bill’s progress, clinical social workers were amended into the bill. The bill has been signed into law by the Governor and will become effective January 1, 2009.

Other Legislation

Following are some of the most significant bills, sponsored by others that CAMFT is following:

Licensing of Alcoholism and Drug Abuse Counselors
AB 239 (DeSaulnier)
(previously AB 1367 DeSaulnier)

AB 1367 became a two-year bill that would have created a license for Alcoholism and Drug Abuse Counselors. When that bill was de-railed, it was re-introduced in a “gut and amend” bill that is now AB 239. AB 239 has been voted out of its first committee, which was likewise the case with AB 1367.

Our position on this bill was, for the past year, “oppose unless amended.” Over the last year and into January 2008, we were in ongoing negotiations with the sponsors and author of the bill to amend it in a multitude of ways to be acceptable to us. We wrote extensively about this bill during the last legislative year as it moved through a variety of iterations.

As the bill began, it was to provide for voluntary licensure of alcoholism and drug abuse counselors working in private practice. As it has been amended, it has become mandatory for those who would be practicing the profession. Since its primary purpose is public protection, it has been our belief that it should be mandatory, rather than permissive, thus providing “teeth” to take action against those who violate the regulatory act.

It is intended that the license would be administered by the Board of Behavioral Sciences. We have had concerns about the Board’s ability to effectively regulate the three professions it currently has, in addition to the potential for regulating professional counselors, and possibly this profession as well. The BBS expressed similar concerns.

As we moved into January 2008, our key remaining areas of contention were as follows:

We were opposed to proposed Section 4721.1 that permitted only licensed alcoholism and drug abuse counselors to refer to themselves as alcoholism and drug abuse counselors or to indicate they do alcoholism and drug abuse counseling. We asked that the bill be amended to permit mental health professionals to refer to themselves as alcoholism and drug abuse counselors and to do alcoholism and drug abuse counseling as long as these other professionals do not call themselves licensed alcoholism and drug abuse counselors. The sponsors agreed to this proposed amendment.

We also asked that alcoholism and drug abuse counselors be required to provide clients with a disclosure/informed consent as to the limitations of the specific education and training of the alcoholism and drug abuse counselor who has less than a master’s degree. Given the multiple disorders that are present in alcoholism and drug abuse treatment, along with family and other relational issues that inevitably arise, effective treatment requires more education and training than the typical alcoholism and drug abuse counselor would have. Providing to patients an informed consent that is specified in the law would put patients on notice with regard to counselors’ education and training limitations. The sponsors agreed, somewhat reluctantly, to this proposed amendment.

Additionally, we requested that a minimum of a bachelor’s level degree be required for licensure. Further, we requested that included within or outside of that degree, the law must require the completion of specific coursework, including:

  • a minimum of 315 hours of alcoholism and drug abuse counseling and treatment (initially in their proposal);
  • coursework in law and ethics including scope of practice, scope of competence, and how and when to refer;
  • survey of psychopathology;
  • methods of treatment;
  • cultural diversity;
  • survey of psychopharmacology;
  • anger management and domestic violence;
  • interviewing techniques; and
  • conflict resolution.

The proponents agreed to all of our requests, even the bachelor’s degree, which they argued vehemently against. Because the sponsors accommodated all of our requests, out of common courtesy and typical to the legislative process, we changed our oppose position to a position of support.

The BBS has been critical of the bill, but at this time, has taken no official position. Currently, opposition remains, by and large, from the California Psychological Association and a few others.

Juveniles and Confidential Information
AB 1405 (Maze)

This bill would authorize a juvenile court joint assessment team comprised of representatives of mental health, child welfare, probation, and other necessary agencies, to share information relating to a minor that might otherwise be confidential. The bill would provide that every member of a juvenile court joint assessment team who receives the information is under the same privacy and confidentiality obligations as the person who prepared, disclosed, or provided the information. The bill further provides that no statements, admissions, or confessions or incriminating information obtained from a minor in the course of any screening or assessment, including that which is court ordered, that is conducted as part of the joint assessment shall be admitted into evidence, or used in any way, in any juvenile, criminal, or civil hearing. CAMFT is watching this measure that is now in the Senate.

Licensing of Professional Counselors
AB 1486 (Calderon)

This bill was voted down last year in the Senate Business, Professions, and Economic Development Committee. However, it was given reconsideration this year and was heard on June 9, 2008. The proponents have taken a number of amendments to attempt to satisfy the concerns of psychologists who have taken the position of “oppose unless amended.” The educational requirements have been further modified as requested by the Board of Behavioral Sciences to cover much of the same content as will become applicable for LMFTs pursuant to SB 1218. Those who are grandparented as LPCs, which is very time-limited (six months), will be required to have had experience of at least 1,500 hours of direct client contact. This change in the number of hours, which we knew was in process to be amended into the bill, relates closely to the minimum of 1,750 hours of direct client contact that is required of aspiring MFTs. Grandparented persons, other than LMFTs and LCSWs, will be required to take, in addition to a clinical examination, a California jurisprudence and ethics examination. CAMFT continues to be neutral on the bill, given all of the amendments the proponents have agreed to. The required education, training, experience, and testing clearly appears sufficient to perform the services that the license will allow. Further, the grandparenting of LMFTs and LCSWs continues to be a possibility for those who meet the coursework requirements as provided in Section 4999.54 (a), for persons who are grandparented, and who apply between October 1, 2009 and March 31, 2010. These dates are only applicable, however, should the bill be signed into law in 2008. The bill narrowly passed out of the committee where it was reconsidered.

Elder Abuse and Mandated Reporters
AB 1765 (Blakeslee)

This bill would require, if the abuse of an elder occurred in a long-term care facility, that the mandated reporter would be required to report the abuse to both the local ombudsman and the local law enforcement agency. Currently, such a report could be to either one. If the abuse occurred in any other place, the mandated reporter would be required to report the abuse to both the adult protective services agency and the local law enforcement agency. Currently, such a report could be to either one. CAMFT is closely watching this bill that has not moved forward.

Department of Consumer Affairs—Licensing Boards Within Department
AB 1869 (Anderson)

This 949-page bill would have placed all licensing boards, including the Board of Behavioral Sciences, within the Department of Consumer Affairs. We vigorously opposed this legislation, and it fortunately suffered a quick death.

Child Custody Evaluations and Confidentiality
AB 1877 (Adams)

If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation, which report shall not be made available other than as specified in law. Additionally, the Judicial Council is to adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report. A disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child. CAMFT continues to watch this bill that is now in the Senate.

Mental Health Parity
AB 1887 (Beall—pronounced “Bell”)

This bill would treat all mental illnesses defined in DSM IV on par with physical disorders. Similar legislation was vetoed by the Governor last year. If successful, it would affect insurance plans and health care service plans (managed care plans) issued, amended, or renewed on or after January 1, 2009. Like any similar legislation, there are exceptions that would not be covered by this legislation, even if successful, such as, but not limited to, self-insured welfare benefit plans, plans written out-of-state, and the Public Employee’s Retirement System. CAMFT is in support of this legislation that is now in the Senate.

Marriage and Family Therapist Licensure
AB 1897 (Emmerson)

This bill would permit other regionally accepted accrediting bodies, in addition to the Western Association of Schools and Colleges (WASC), to be recognized to determine qualifying degrees for licensure as marriage and family therapists. CAMFT is in support of this legislation since it will permit some students (those who have attended schools that have been approved by regionally accepted accrediting bodies other than WASC) attending schools previously approved by the Bureau on Private Post Secondary and Vocational Education (BPPVE) to be assured of having degrees that qualify for licensure. The bill is now in the Senate but may be challenged as it moves through the Senate. It is caught in political maneuvers beyond the control of the BBS relating to the volatility of BPPVE.

Health Care Coverage
AB 1945 (De La Torre)

Among other things, this bill would require a health care service plan or insurer to obtain approval from the Department of Managed Health Care (DMHC) or the Department of Insurance (DOI) respectively prior to rescinding, canceling, or limiting a plan contract or policy. This bill would also require the Director of the DMHC and the Commissioner of the DOI to establish and require a single or standard application form for individual policies. This bill is intended to address some of the inappropriate activities of third party payers that have been recently portrayed in the media. The California Medical Association is the sponsor of this legislation. CAMFT is in support of this bill, which is now in the Senate.

Mandatory Continuing Education in Suicide Prevention
AB 1951 (Hayashi)

This bill intended to require an applicant for licensure as a psychologist, marriage and family therapist, educational psychologist, or clinical social worker, and it intended to require a licensee renewing one of these licenses, to complete 15 hours of training in suicide prevention, assessment, intervention, and post-intervention strategies. CAMFT generally opposes any piece-meal continuing education requirement and was opposed to this bill as introduced, even though this is a worthy topic. The bill has now been amended to encourage suicide hotlines within counties and no longer requires providers to get continuing education. This bill is now in the Senate.

Supplemental Health Insurance
AB 2183 (Aghazarian)

This bill would recognize the existence of supplemental health insurance policies. We are not sure at this time of the intent of this bill, but it would recognize and likely create a regulatory mechanism for hospital indemnity plans, supplemental insurance programs, accident-only coverage, and like plans. We will be watching this bill to see what it becomes, but thus far it has made no appreciable progress.

Alcohol and Drug Counselors Mandated Reporters of Child Abuse
AB 2337 (Beall)

This bill would add alcohol and drug counselors (persons providing counseling, therapy, or other clinical services for a private or state licensed or certified drug, alcohol, or drug and alcohol treatment program) to the list of individuals who are mandated reporters of child abuse. CAMFT is watching this legislation that is now in Assembly Appropriations.

Professions and Vocations
AB 2427 (Eng)

This legislation is intended to prevent a county or city from restricting a licensed professional from doing what the license permits the licensee to do, which has occurred in the City of Hollywood with regard to the practice of veterinary medicine. We support the concept that licenses are granted by the State of California to practice professions and vocations in this state. These licensing boards, with the approval of the Department of Consumer Affairs and/or the legislature, determine the breadth of the scopes of practice and the qualifications for each of the professions. We believe that no municipality or county should have any authority to limit this scope as granted by the state or restrict what a licensed professional does, who the professional may work with, the types of services that are provided, or when services are provided within that particular county or municipality. If counties or municipalities were permitted the authority to restrict professional practices, they could, for example, conclude that licensed marriage and family therapists would only be permitted to work with children or that licensed marriage and family therapists would be prohibited from working with persons with serious mental disorders, which would be ludicrous. If permissible, there could potentially be 58 different county standards and a multitude of varying city standards for the services provided by each of the licensed professions and vocations within California. Such a situation would be wholly problematic and unworkable. CAMFT is in support of this legislation that is now in the Senate.

Geriatric and Gerontology Workforce Expansion Act
AB 2543 (Berg)

This bill would establish the Geriatric and Gerontology Workforce Expansion Act, which would be administered in conjunction with the Office of Statewide Health Planning and Development. It would provide loan repayment assistance to persons who are or intend to become employed as licensed health care professionals in geriatric care settings. The funding would come from an increase of $10 in license renewal fees. As initially drafted, physicians, psychologists, and clinical social workers were included, but the legislation did not include MFTs and thus MFTs would not have been eligible for such loan assistance. The author has since, with our insistence, added licensed marriage and family therapists and MFT interns. With MFT inclusion, CAMFT is in support of the bill. Loan repayments through this program would not exceed $30,000, paid incrementally each year, when the professional has provided at least three consecutive years of service as a licensed or registered professional. This bill is on the floor of the Assembly.

Health Care Coverage—Required Notification to Insured
AB 2549 (Hayashi)

This bill would prohibit a health care service plan or health insurer from rescinding an individual health care service plan contract or individual health insurance policy for any reason after six months following the issuance of the contract or policy. A policy-holder or insured who believes his or her policy was wrongfully rescinded would be permitted to request review of that rescission. CAMFT is in support of this legislation. The bill is now in Assembly Appropriations.

Child Custody Evaluators
AB 2587 (Ruskin)

This bill would make a distinction between court-connected or court-appointed child custody investigators or evaluators and private child custody evaluators. CAMFT is watching this bill to see what it becomes. To date there has been no action on the bill.

Suicide Prevention Hotlines
AB 2667 (Hayashi)

This bill would require, by January 1, 2012 , each county mental health agency to establish and maintain a 24-hour suicide prevention hotline. CAMFT is watching this bill that has now been held in committee.

Title Protection for Social Workers
AB 2753 (Solorio)

This bill provides that there shall be no classification in state civil service as a “social worker” except for an individual who possesses a bachelors, masters, or doctorate degree from a school of social work. CAMFT is opposed to this legislation because there may be MFTs who hold such positions or who may be eligible for such positions in the future that would be deemed ineligible. We also do not want the perception to be that “state civil service” has broader application than it actually does. In spite of our opposition, the bill has been making headway. We are seeking amendments to not impact any current positions, to not impact those who may be seeking such positions until job specifications can be changed, and to create a specific definition as to what “state civil service” means. The author’s staff has committed, at our request, to bring together the various stakeholders in this matter to attempt to come to some resolution, however, the proponents (the AFSCME Union) have been reticent to add corrective language. Further, we believe that this bill has been pursued by the proponents as a measure in opposition to our legislation to permit MFT interns to gain hours of experience and be employed in the Department of Corrections. Our position on the bill, at this time, is oppose. The bill is now in the Senate.

California Victim Compensation and Government Claims Board
AB 2809 (Leno and Price)

This bill would permit a minor who suffers emotional injury as a result of witnessing a violent crime, who has been in close proximity to the victim when he or she witnessed the crime, to be eligible for mental health counseling compensated by the California Victim Compensation and Government Claims Board. CAMFT’s position on this legislation is watch. The bill is now in the Senate.

Health Care Provider Contracts
AB 2839 (Huffman)

A Health Care Service Plan would be prohibited from requiring a health care provider to execute an unfair or unreasonable agreement as a condition for entering into contract negotiations with the plan. Unfair or unreasonable agreements are such things as “take it or leave it” threats or restrictions on the provider’s use of professional or legal representation. CAMFT is likely to support this legislation if it moves forward, but it is now “stuck” in Assembly Appropriations.

Health Care Service Plans
AB 2847 (Krekorian)

This bill would have required a health care service plan or insurer to disprove medical necessity during any grievance or medical review process. This bill would also permit a provider to directly apply to DMHC or DOI for an independent medical review of a decision to deny, modify, or delay health care services to an enrollee, subscriber, or insured, if that person has exhausted any internal grievance process. CAMFT is watching this bill, but it now appears to be dead.

Marriage and Family Therapist Educational Requirements
SB 1218 (Correa)

This is a BBS sponsored bill intended to revise the educational requirements for aspiring marriage and family therapists. Currently, there is an increasing need for mental health professionals in the public and community sector. MFTs are filling many of these positions. To assure that MFTs are well-prepared to fill these positions, the education and training is being enriched with additional educational curricula, including, but not limited to:

  • Co-occurring disorders and treatment of severe mental illness;
  • Cultural competency and sensitivity;
  • Understanding the effects of socioeconomic status;
  • Professional writing and documentation of services;
  • Finding and using resources, services, and
    supports for consumers;
  • Case management;
  • Understanding systems of care;
  • Collaborative treatment; and,
  • Advocating for persons with mental illness.
  • Additionally, some of the other features of the bill include:
  • Increases the units of instruction from 48 semester/72 quarter units to 60 semester/90 quarter units;
  • Eliminates the unit requirement on most courses, e.g., 2 semester/3 quarter units in psychopharmacology—thereby increasing educational institution discretion;
  • Increases the face-to-face counseling hours required within the educational program from 150 to 225 hours, of which 75 may be client-centered advocacy;
  • Increases the maximum hours of supervision and professional enrichment activities from 1,000 to 1,250 hours, permitting up to 250 of these hours to be client-centered advocacy;
  • Permits interns working in non-profit or governmental entities to obtain up to 30 hours of direct supervision via teleconferencing;
  • Requires interns to provide copies of their W-2 tax forms or a letter verifying employment or volunteer work status; and,
  • Places additional requirements on out-ofstate applicants for licensure to remediate educational deficiencies to be reasonably consistent with the changes proposed for applicants who have been educated in California.

This bill will not affect persons already licensed or in the pipeline to acquiring licensure, and will only affect those who begin graduate study on or after August 1, 2012. This bill is now in the Assembly, but is encountering opposition. The opposition results from a couple of educational institutions who are not opposed to the intent of the bill, but who are engaged in a political manipulation directed at the approved school issue. CAMFT is in support of this legislation and will do what it can to assure the bill’s progress.

Health Care Coverage Provider Contracts
SB 1300 (Corbett)

This bill would prohibit a contract between a health care provider and a health care service plan or a health insurer from containing a provision that restricts the ability of the plan or insurer to furnish information on the cost of procedures or health care quality information to subscribers, enrollees, policyholders, or insureds. This bill would also require health care service plans and health insurers to involve health care providers in the development of that information prior to furnishing it to subscribers, enrollees, policyholders, or insureds. This bill, if successful, would affect plans issued, amended, renewed, or delivered on or after January 1, 2009. CAMFT is in support of this legislation that has passed to the Assembly.

Public Social Services—Reimbursement for Mental Health Services
SB 1349 (Cox)

This bill would require that Medi-Cal claims for reimbursement by cities and counties for the delivery of mental health services be paid within 90 days of submission. If a claim is not paid within the 90-day period, and the funds were available to pay the claim, interest will accrue. CAMFT is in support of this legislation that is now in the Assembly.

Requirements for the Maintenance and Storage of Patient Records
SB 1415 (Kuehl)

This bill would have required certain health care providers, including MFTs, to maintain patient records for a minimum of ten years, and would have allowed a patient to elect to have his or her records archived once the required maintenance period expired. The bill would have required the health care provider to inform the patient of his or her rights under the bill, both at the time the record is created and at least sixty days before the patient’s records are destroyed. CAMFT opposed this legislation, as did others, and the author agreed to revise the bill removing its applicability to mental health professionals.

Elder Abuse Registry
SB 1416 (Hollingsworth)

This bill would declare the legislature’s intent to create a publicly available registry of known abusers of the elderly. CAMFT is watching this bill that now appears to be dead.

Psychologist Prescription Privileges
SB 1427 (Calderon)

This bill, which was not sponsored by the California Psychological Association, would have authorized prescribing psychologists to prescribe drugs for the treatment of specified disorders if certain requirements are met. The bill is now dead.

Healing Arts Practitioners and Name Tags
SB 1454 (Ridley-Thomas)

This bill would have required many healing arts practitioners, including MFTs, to disclose on a name tag his or her name and license status. CAMFT opposed this legislation and due to opposition, it has been amended to be applicable only to hospital personnel. The bill is now in the Assembly with no applicability to MFTs.

Board of Behavioral Sciences License Renewal Fees
SB 1505 (Yee)

This bill would allow the BBS to direct a higher amount of the license renewal fee ($20) toward the Mental Health Practitioner Education Fund. These monies are used to provide loan reimbursements to MFT licensees and interns who have made a commitment to work for a period of time in a mental health underserved area. CAMFT is in support of this legislation that is now in the Assembly, however, the BBS is likely to abandon the bill given that about half of its reserves have been “borrowed” by the State to help cover the state’s financial deficit. Given this financial demand by the State, the Board would be placing itself in financial jeopardy if it followed through with this effort at this time.

Health Care Service Plan Review of Procedures Regarding Medical Necessity
SB 1525 (Kuehl)

This bill would require plans and insurers to report to the director of the DMHC or the commissioner of the DOI, and to enrollees and providers upon request, the rates at which requests for health care services have resulted in initial delays, denials, or modifications of health care services or payments. In addition, it would require that any written communication to an enrollee or insured of a denial, delay, or modification of a request include the name and professional license number of the health care professional responsible for the denial, delay, or modification. It would further require the plan, insurer, or its contracting provider to provide to the medical review organization, the enrollee, or insured, and the enrollee or insured’s provider all relevant information and background pertaining to the medical expertise and training of the medical director and any other individuals involved in the determination of medical necessity. Existing law requires the director of the DMHC to periodically conduct an onsite medical survey of the health care delivery system of each plan to assure protection of subscribers and enrollees. This bill would require that the survey include a review of the procedures for making determinations of medical necessity. CAMFT is in support of this legislation that is now in the Assembly.

Health Care Service Plan Reform Legislation
SB 1553 (Lowenthal)

This omnibus bill is a collective effort of professional provider and consumer advocacy organizations involved in the California Coalition for Mental Health. CAMFT is a part of the Coalition and had an instrumental part in drafting the many iterations of this legislation, which it of course, supports. As introduced, this bill addressed a multitude of issues of concern to patients and providers. It has since been significantly amended, removing many of its key components due to heated opposition from the managed care and insurance industry, physician’s groups, some consumer advocates, and others. In its diminished form, it is currently in the Assembly. It now would require health care service plans offering professional mental health services to establish Websites containing specified information, which are to be updated bi-monthly; would require plans to issue benefits’ cards to enrollees; would modify provisions relating to disclosure by health care service plans of the process used to authorize, modify, or deny health care services; would provide that decisions to deny requests for authorization or to deny claim reimbursement not be based on whether admission to a hospital was voluntary or involuntary; and it revises provisions governing authorizations for care, timeliness of claims’ payments, and extends to all specialized health care service plans’ requirements to establish and implement procedures for standing referrals of enrollees to specialists. There is still much opposition, which the Coalition is attempting to resolve.

Problem Gambling—Therapist Training and Treatment Programs
SB 1616 (Florez)

This bill would require, subject to appropriation by the Legislature, the establishment of a program to increase the number of qualified problem and pathological gambling treatment therapists and to establish a stepped-care plan of treatment to provide comprehensive care to problem and pathological gamblers and their families. It would require the office to award funds, through grant or contract, to design therapist training and treatment programs for such persons. CAMFT is watching this legislation that is now in Senate Appropriations.

Mentally Ill Offenders
SB 1651 (Steinberg and Romero)

This bill would, among other things, authorize the use of mental health courts. It would also express intent regarding the need to provide mental health and related services to parolees. It would require the Department of Corrections and Rehabilitation to create a pilot program, to the extent funding is available, to provide comprehensive mental health and supportive services through counties and private providers. CAMFT is watching this bill that is now in Senate Appropriations.

Health Professionals and Torture
SJR 19 (Ridley-Thomas)

This measure would request all relevant California agencies to notify California-licensed health professionals about their professional obligations relating to torture and the treatment of detainees such that those who participate in torture, coercive interrogation, or other forms of cruel, inhuman, or degrading treatment or punishment may be subject to prosecution. CAMFT is watching this measure that has moved to the Assembly.

State Regulations

California Code of Regulations Department of Education Special Education in Non-Public, Non-Sectarian Schools
This proposed regulatory change would have recognized only psychologists as able to provide psychotherapy services to these special needs students. CAMFT has expressed strong opposition to this proposed regulatory change.

Federal Issues

Mental Health Parity
The House version of the Mental Health Parity bill has been, to our dismay, significantly modified. It originally was applicable to all DSM IV Mental Disorders and has now been restricted. It was destined for veto if it had remained in its more inclusive form.

MFT Inclusion in Medicare
None of the bills directed at advancing the interests of MFT inclusion in Medicare are likely moving forward this year. We are told that should there be such an effort that gains momentum, the measure would be destined for veto. We, nevertheless, will not retreat until we see success, regardless of the number of years it will take.


Mary Riemersma, CAE, is CAMFT’s Executive Director. She is available to answer member calls regarding business, legal, and ethical issues

   

California Association of Marriage and Family Therapists
7901 Raytheon Road, San Diego, CA 92111-1606
Phone: (858) 292-2638 - Fax: (858) 292-2666

©Copyright 2010 California Association of Marriage and Family Therapists