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AB-2968 Psychotherapist-client relationship: victims of sexual behavior and sexual contact: informational brochure.(2017-2018)

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Date Published: 03/23/2018 09:00 PM
AB2968:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2968


Introduced by Assembly Member Levine

February 16, 2018


An act to amend Section 105 Sections 337 and 728 of the Business and Professions Code, relating to consumer affairs. healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2968, as amended, Levine. Consumer affairs. Psychotherapist-client relationship: victims of sexual behavior and sexual contact: informational brochure.
Existing law requires the Department of Consumer Affairs to prepare and disseminate an informational brochure for victims of psychotherapist-patient sexual contact and their advocates, and requires that the brochure be developed by the department in consultation with the office of Criminal Justice Planning and the office of the Attorney General, as specified. Existing law requires the brochure to include specified subjects and requires the brochure to be provided to individuals who contact the Medical Board of California and affiliated health boards or the Board of Behavioral Sciences regarding a complaint involving psychotherapist-patient sexual relations.
This bill would eliminate the requirement that the department develop the brochure in consultation with the office of Criminal Justice Planning and the office of the Attorney General. The bill would require that the brochure also be for victims of psychotherapist-client sexual behavior. The bill would revise the required content of the brochure, and would require the brochure to be provided to each individual contacting the Medical Board of California, the Osteopathic Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences regarding a complaint involving psychotherapist-client sexual behavior and sexual contact. The bill would make conforming changes.
Existing law requires a psychotherapist or an employer of a psychotherapist who becomes aware through a patient that the patient had alleged sexual intercourse or alleged sexual contact, as defined, with a previous psychotherapist to provide a brochure developed by the department that delineates the rights of, and remedies for, patients who have been involved sexually with their psychotherapists. Existing law defines “psychotherapist” for purposes of those provisions to include various mental health practitioners and makes a failure to comply unprofessional conduct.
This bill would make this requirement also apply in the case of alleged sexual behavior, as defined, with a previous psychotherapist and would specify that the required brochure is the above-described brochure developed by the department. The bill would also expand the list of mental health practitioners included in the definition of “psychotherapist” for those purposes.

Existing law establishes the Department of Consumer Affairs, which is comprised of various boards and requires members of a board to take an oath of office, as specified.

This bill would make a nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 337 of the Business and Professions Code is amended to read:

337.
 (a) The department shall prepare and disseminate an informational brochure for victims of psychotherapist-patient psychotherapist-client sexual behavior and sexual contact and advocates for those victims. their advocates. This brochure shall be developed by the department in consultation with members of the Sexual Assault Program of the Office of Criminal Justice Planning and the office of the Attorney General. department.
(b) The brochure shall include, but is not limited to, the following:
(1) A legal and an informal definition of psychotherapist-patient psychotherapist-client sexual behavior and sexual contact.
(2) A brief description of common personal reactions and histories of victims and victim’s families. reactions.
(3) A patient’s client’s bill of rights.
(4) Options Instructions for reporting psychotherapist-patient sexual relations and instructions for each reporting option. psychotherapist-client sexual behavior and sexual contact.
(5) A full description of administrative, civil, and professional associations administrative complaint procedures.
(6) A description of services available for support of victims.
(c) The brochure shall be provided to each individual contacting the Medical Board of California and affiliated health boards California, the Osteopathic Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences regarding a complaint involving psychotherapist-patient sexual relations. psychotherapist-client sexual behavior and sexual contact.

SEC. 2.

 Section 728 of the Business and Professions Code is amended to read:

728.
 (a) Any psychotherapist or employer of a psychotherapist who becomes aware through a patient client that the patient client had alleged sexual intercourse or alleged sexual behavior or sexual contact with a previous psychotherapist during the course of a prior treatment shall provide to the patient client a brochure promulgated developed by the department pursuant to Section 337 that delineates the rights of, and remedies for, patients clients who have been involved sexually with their psychotherapists. Further, the psychotherapist or employer shall discuss with the patient client the brochure prepared by the department.
(b) Failure to comply with this section constitutes unprofessional conduct.
(c) For the purpose of this section, the following definitions apply:
(1) “Psychotherapist” means a physician and surgeon specializing in the practice of psychiatry or practicing psychotherapy, a psychologist, a clinical social worker, a marriage and family therapist, a licensed professional clinical counselor, a psychological assistant, a marriage and family therapist registered intern or trainee, an intern or clinical counselor trainee, as specified in Chapter 16 (commencing with Section 4999.10), or an associate clinical social worker. any of the following:
(A) A physician and surgeon specializing in the practice of psychiatry or practicing psychotherapy.
(B) A psychologist.
(C) A psychological assistant.
(D) A registered psychologist.
(E) A trainee under the supervision of a licensed psychologist.
(F) A marriage and family therapist.
(G) An associate marriage and family therapist.
(H) A marriage and family therapist trainee.
(I) A licensed educational psychologist.
(J) A clinical social worker.
(K) An associate clinical social worker.
(L) A licensed professional clinical counselor.
(M) An associate professional clinical counselor.
(N) A clinical counselor trainee.
(2) “Sexual behavior” means inappropriate contact or communication of a sexual nature. “Sexual behavior” does not include the provision of appropriate therapeutic interventions relating to sexual issues.

(2)

(3) “Sexual contact” means the touching of an intimate part of another person.

(3)

(4) “Intimate part” and “touching” have the same meaning as defined in subdivisions (g) and (e), respectively, of Section 243.4 of the Penal Code.

(4)

(5) “The course of a prior treatment” means the period of time during which a patient client first commences treatment for services that a psychotherapist is authorized to provide under his or her scope of practice, or that the psychotherapist represents to the patient client as being within his or her scope of practice, until the psychotherapist-patient psychotherapist-client relationship is terminated.

SECTION 1.Section 105 of the Business and Professions Code is amended to read:
105.

Each member of a board in the department shall take an oath of office as provided in the Constitution and the Government Code.