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SB-11 California State University: mental health counseling.(2023-2024)

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Date Published: 07/13/2023 09:00 PM
SB11:v94#DOCUMENT

Amended  IN  Assembly  July 13, 2023
Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  May 01, 2023
Amended  IN  Senate  April 10, 2023
Amended  IN  Senate  February 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 11

Introduced by Senator Menjivar
(Principal coauthors: Assembly Members Cervantes and Schiavo)
(Coauthor: Senator Stern)

December 05, 2022

An act to add Article 6 (commencing with Section 89360) to Chapter 3 of Part 55 of Division 8 of Title 3 of the Education Code, relating to the California State University.


LEGISLATIVE COUNSEL'S DIGEST


SB 11, as amended, Menjivar. California State University: mental health counseling.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. The California State University comprises 23 institutions of higher education located throughout the state.
This bill would require the trustees to comply with various requirements on mental health counseling at CSU, including having one full-time equivalent California-licensed mental health counselor per 1,500 students enrolled at each CSU campus. The bill, contingent upon appropriation by the Legislature, would establish the CSU Mental Health Professionals Act to provide one-time grants to certain CSU students to become mental health counselors in the state. The bill, contingent upon appropriation by the Legislature, would establish the Mental Health Professionals Fund as the depository of moneys appropriated or otherwise received for the program, and upon appropriation by the Legislature, would require the Department of Health Care Access and Information to disburse moneys in the fund under the act. The bill would define “mental health counselor” for purposes of these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The California State University (CSU) serves an incredibly diverse student population. One-half of CSU students are from historically marginalized or underrepresented communities, nearly one-half of CSU students receive a federal Pell Grant, and nearly one-third of CSU students are the first in their family to attend college.
(b) Suicide is the second leading cause of death among college students, claiming more than 1,100 lives every year nationally.
(c) One in four students has a diagnosable mental illness and 40 percent of students do not seek mental health services when they need it.
(d) For students of color, these challenges may be even more acute.
(e) Among the many benefits of mental health counseling are lower college dropout rates, improved academic performance, and reduced legal liability for campuses.
(f) Currently, there is a shortage of licensed mental health counselors in California.
(g) The CSU system in particular is woefully understaffed with mental health counselors to address the needs of their campuses.
(h) Due to the lack of adequate staffing, wait times for students to secure appointments for mental health services can range between four to eight weeks on some CSU campuses.
(i) CSU students deserve trauma-informed, culturally competent care from mental health professionals that will understand the unique experiences that they are facing.
(j) Investing in a pipeline that improves graduation rates and helps solve the mental health counselor workforce shortage is necessary to solve the student mental health crisis.

SEC. 2.

 Article 6 (commencing with Section 89360) is added to Chapter 3 of Part 55 of Division 8 of Title 3 of the Education Code, to read:
Article  6. Mental Health Counseling

89360.
 As used in this chapter, the following definitions apply:
(a) “CSU” means the California State University.
(b) “Grant” means a one-time grant awarded pursuant to Section 89362.
(c) “Licensure” means a license granted by the Board of Psychology or the Board of Behavioral Sciences to practice mental health counseling in the state.
(d) “Mental health counselor” means a person who provides individual counseling, group counseling, crisis intervention, emergency services, referrals, or outreach and consultation interventions to the campus community, or any combination of these, and who is licensed in the State of California by the applicable licensing entity.

89361.
 (a) (1) The trustees shall have one full-time equivalent mental health counselor per 1,500 students enrolled at each CSU campus to the fullest extent consistent with state and federal law. campus.
(2) Where possible, mental health counselors hired pursuant to paragraph (1) shall be full-time staff and should reflect the diversity of the student body.
(b) The number of mental health counselors as computed pursuant to subdivision (a) shall constitute the minimum number of mental health counselors to be hired on a campus based on the campus student population. Additional mental health counselors may be hired in accordance with additional needs identified on a campus.
(c) (1) On or before January 1, 2025, and every three years thereafter, the trustees shall report to the Legislature, pursuant to Section 9795 of the Government Code, on how funding was spent, the number of mental health counselors employed on each CSU campus, and student wait times for mental health counseling appointments.
(2) (A) On or before November 1, 2024, and every three years thereafter, each CSU campus shall conduct a campus survey and focus groups, including groups with students of color and LGBTQ+ students, to understand student needs and challenges about their mental health and emotional well-being, sense of belonging on campus, and academic success.
(B) The campus surveys and data collection pursuant to this paragraph shall be conducted in accordance with state and federal privacy law, including, but not limited to, the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(C) The data collected, without any personally identifiable information, pursuant to this paragraph shall be included in the reports to the Legislature pursuant to paragraph (1).
(3) Each CSU campus shall collect data on attempted suicides through self-reporting, mental health counselor records, and known hospitalizations. This data, without any personally identifiable information, shall be included in the reports to the Legislature pursuant to paragraph (1).

89362.
 (a) This section shall be known, and may be cited, as the CSU Mental Health Professionals Act. The goal of this section is to provide incentives for CSU students to become mental health counselors in the state.
(b) (1) The Department of Health Care Access and Information shall administer a noncompetitive grant program to provide qualifying students with grants.
(2) A qualifying student shall apply directly to the Department of Health Care Access and Information to receive a grant.
(3) Before receiving a grant, a qualifying student shall agree to complete in California the supervised clinical training hours required to obtain licensure.
(4) The California State University shall prioritize hiring, as mental health counselors, grant recipients who obtain licensure.
(c) The Mental Health Professionals Fund is hereby established as the depository of moneys appropriated or otherwise received for the program. Upon appropriation by the Legislature, the Department of Health Care Access and Information shall disburse moneys in the fund pursuant to this section.
(d) This section shall become operational only upon appropriation of one-time funds by the Legislature in the annual Budget Act or another statute for its purposes.