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



SECTION 1.

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

337.
 (a) The Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California shall prepare and disseminate an informational brochure for victims of psychotherapist-client sexual behavior and sexual contact and their advocates. This brochure shall be developed by the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California.
(b) The brochure shall include, but is not limited to, the following:
(1) A legal and an informal definition of psychotherapist-client sexual behavior and sexual contact.
(2) A brief description of common personal reactions.
(3) A client’s bill of rights.
(4) Instructions for reporting psychotherapist-client sexual behavior and sexual contact.
(5) A full description of administrative complaint procedures.
(6) Information that other civil and criminal remedies may also be available to them in regards to the incident.
(7) A description of services available for support of victims.
(c) The brochure shall be provided to each individual contacting the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, or the Osteopathic Medical Board of California regarding a complaint involving psychotherapist-client sexual behavior and sexual contact.
(d) The brochure shall be made available on the Internet Web sites of the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California.

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 client that the 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 client a brochure developed pursuant to Section 337 that delineates the rights of, and remedies for, clients who have been involved sexually with their psychotherapists. Further, the psychotherapist or employer shall discuss the brochure with the client.
(b) Failure to comply with this section constitutes unprofessional conduct.
(c) For the purpose of this section, the following definitions apply:
(1) “Psychotherapist” means any of the following:
(A) A physician and surgeon specializing in the practice of psychiatry or practicing psychotherapy.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900). 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, as specified in Chapter 16 (commencing with Section 4999.10). counselor. 
(N) A clinical counselor trainee, as specified in Chapter 16 (commencing with Section 4999.10). 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.  
(3) “Sexual contact” means the touching of an intimate part of another person.
(4) “Intimate part” and “touching” have the same meanings meaning  as defined in subdivisions (g) and (e), respectively, of Section 243.4 of the Penal Code.
(5) “The course of a prior treatment” means the period of time during which a 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 client as being within his or her scope of practice, until the psychotherapist-client relationship is terminated.

SEC. 2.5.

 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 client that the 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 client a brochure developed pursuant to Section 337 that delineates the rights of, and remedies for, clients who have been involved sexually with their psychotherapists. Further, the psychotherapist or employer shall discuss the brochure with the client.
(b) Failure to comply with this section constitutes unprofessional conduct.
(c) For the purpose of this section, the following definitions apply:
(1) “Psychotherapist” means any of the following:
(A) A physician and surgeon specializing in the practice of psychiatry or practicing psychotherapy.
(B) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900).
(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, as specified in Chapter 16 (commencing with Section 4999.10).
(N) A clinical counselor trainee, as specified in Chapter 16 (commencing with Section 4999.10).
(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.
(3) “Sexual contact” means the touching of an intimate part of another person.
(4) “Intimate part” and “touching” have the same meanings as defined in subdivisions (g) and (e), respectively, of Section 243.4 of the Penal Code.
(5) “The course of a prior treatment” means the period of time during which a 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 client as being within his or her scope of practice, until the psychotherapist-client relationship is terminated.
SEC. 3.
 Section 2.5 of this bill incorporates amendments to Section 728 of the Business and Professions Code proposed by both this bill and Assembly Bill 93. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 728 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 93, in which case Section 2 of this bill shall not become operative.