California Senate Bill SB578 Amended / Bill

 BILL NUMBER: SB 578AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 9, 2014 AMENDED IN ASSEMBLY MAY 14, 2014 AMENDED IN SENATE APRIL 25, 2013 AMENDED IN SENATE APRIL 1, 2013 INTRODUCED BY Senator Wyland FEBRUARY 22, 2013 An act to add  Section 4980.49   Sections 4980.49, 4989.51, 4993, and 4999.75,  to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST SB 578, as amended, Wyland.  Marriage and family therapists:   Behavioral sciences:  records retention. Existing law  , the Licensed Marriage and Family Therapist Act,  provides for the licensure or registration and the regulation of marriage and family therapists  , licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors  by the Board of Behavioral Sciences, and makes a violation of  the law   those laws  a misdemeanor. This bill would require, for a  client or  patient whose therapy is terminated on or after January 1, 2015, a marriage and family therapist  , licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor  to retain the  client's or  patient's health service records for a minimum of 7 years from the date therapy is terminated. The bill would, in this regard, require a minor  client's or minor  patient's health service records to be retained for a minimum of 7 years from the date the  client or  patient reaches 18 years of age. Because a violation of  the bill   these requirements  would be a crime,  it   the bill  would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4980.49 is added to the Business and Professions Code, to read: 4980.49. (a) A marriage and family therapist shall retain a  client's or  patient's health service records for a minimum of seven years from the date therapy is terminated. If the  client or  patient is a minor, the  client's or  patient's health service records shall be retained for a minimum of seven years from the date  client or  the patient reaches 18 years of age. (b) This section shall apply only to the records of a  client or  patient whose therapy is terminated on or after January 1, 2015.  SEC.   2.   Section 4989.51 is added to the   Business and Professions Code   , to read:   4989.51. (a) A licensed educational psychologist shall retain a client's health service records for a minimum of seven years from the date therapy is terminated. If the client is a minor, the client's health service records shall be retained for a minimum of seven years from the date the client reaches 18 years of age. (b) This section shall apply only to the records of a client whose therapy is terminated on or after January 1, 2015.   SEC.   3.   Section 4993 is added to the   Business and Professions Code   , immediately following Section 4992.10, to read:   4993. (a) A licensed clinical social worker shall retain a client' s or patient's health service records for a minimum of seven years from the date therapy is terminated. If the client or patient is a minor, the client's or patient's health service records shall be retained for a minimum of seven years from the date the client or patient reaches 18 years of age. (b) This section shall apply only to the records of a client or patient whose therapy is terminated on or after January 1, 2015.   SEC.   4.   Section 4999.75 is added to the   Business and Professions Code   , to read:   4999.75. (a) A licensed professional clinical counselor shall retain a client's or patient's health service records for a minimum of seven years from the date therapy is terminated. If the client or patient is a minor, the client's or patient's health service records shall be retained for a minimum of seven years from the date the client or patient reaches 18 years of age. (b) This section shall apply only to the records of a client or patient whose therapy is terminated on or after January 1, 2015.   SEC. 2.   SEC. 5.  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.