Amended IN Senate August 05, 2020 Amended IN Senate July 21, 2020 Amended IN Assembly May 07, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2360Introduced by Assembly Member MaienscheinFebruary 18, 2020 An act to add Section 1367.626 to the Health and Safety Code, and to add Section 10123.868 to the Insurance Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2360, as amended, Maienschein. Telehealth: mental health.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies that provide hospital, medical, or surgical coverage to provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses, as defined, of a person of any age. Existing law also requires health care service plans and health insurers, by July 1, 2019, to develop maternal mental health programs, as specified.This bill would require health care service plans and health insurers, by July 1, 2021, to establish or provide access to a telehealth consultation program that meets specified criteria and provides providers who treat children and pregnant and certain postpartum persons with access to a psychiatric mental health consultation program, as specified. The bill would require the consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients to be conducted by telephone or telehealth video, and to include guidance on the range of evidence-based treatment options, including psychotherapy. screening tools, and referrals. The bill would require health care service plans and insurers to communicate information relating to the telehealth program at least twice a year in writing. The bill would require health care service plans and health insurers to monitor data pertaining to the utilization of the program to facilitate ongoing quality improvements, as necessary. necessary, and to provide a description of the program to the appropriate department. The bill would exempt certain specialized health care service plans and health insurers from these provisions. Because a willful violation of the bills requirement by a health care service plan would be a crime, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Mothers and Children Mental Health Support Act of 2020.SEC. 2. Section 1367.626 is added to the Health and Safety Code, to read:1367.626. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health care service plan shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the enrollee.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the enrollees network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health care service plan shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health care service plan shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health care service plan shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health care service plan, except a specialized behavioral health-only plan offering professional mental health services.SEC. 3. Section 10123.868 is added to the Insurance Code, to read:10123.868. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health insurer shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the insured.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the insureds network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health insurer shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health insurer shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health insurer shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health insurer, except a specialized behavioral health-only insurer offering professional mental health services.(e)(f) This section shall not be construed to alter a health insurers obligations pursuant to Section 10112.2 or 10144.4.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Senate August 05, 2020 Amended IN Senate July 21, 2020 Amended IN Assembly May 07, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2360Introduced by Assembly Member MaienscheinFebruary 18, 2020 An act to add Section 1367.626 to the Health and Safety Code, and to add Section 10123.868 to the Insurance Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2360, as amended, Maienschein. Telehealth: mental health.Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies that provide hospital, medical, or surgical coverage to provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses, as defined, of a person of any age. Existing law also requires health care service plans and health insurers, by July 1, 2019, to develop maternal mental health programs, as specified.This bill would require health care service plans and health insurers, by July 1, 2021, to establish or provide access to a telehealth consultation program that meets specified criteria and provides providers who treat children and pregnant and certain postpartum persons with access to a psychiatric mental health consultation program, as specified. The bill would require the consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients to be conducted by telephone or telehealth video, and to include guidance on the range of evidence-based treatment options, including psychotherapy. screening tools, and referrals. The bill would require health care service plans and insurers to communicate information relating to the telehealth program at least twice a year in writing. The bill would require health care service plans and health insurers to monitor data pertaining to the utilization of the program to facilitate ongoing quality improvements, as necessary. necessary, and to provide a description of the program to the appropriate department. The bill would exempt certain specialized health care service plans and health insurers from these provisions. Because a willful violation of the bills requirement by a health care service plan would be a crime, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate August 05, 2020 Amended IN Senate July 21, 2020 Amended IN Assembly May 07, 2020
Amended IN Senate August 05, 2020
Amended IN Senate July 21, 2020
Amended IN Assembly May 07, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2360
Introduced by Assembly Member MaienscheinFebruary 18, 2020
Introduced by Assembly Member Maienschein
February 18, 2020
An act to add Section 1367.626 to the Health and Safety Code, and to add Section 10123.868 to the Insurance Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2360, as amended, Maienschein. Telehealth: mental health.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies that provide hospital, medical, or surgical coverage to provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses, as defined, of a person of any age. Existing law also requires health care service plans and health insurers, by July 1, 2019, to develop maternal mental health programs, as specified.This bill would require health care service plans and health insurers, by July 1, 2021, to establish or provide access to a telehealth consultation program that meets specified criteria and provides providers who treat children and pregnant and certain postpartum persons with access to a psychiatric mental health consultation program, as specified. The bill would require the consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients to be conducted by telephone or telehealth video, and to include guidance on the range of evidence-based treatment options, including psychotherapy. screening tools, and referrals. The bill would require health care service plans and insurers to communicate information relating to the telehealth program at least twice a year in writing. The bill would require health care service plans and health insurers to monitor data pertaining to the utilization of the program to facilitate ongoing quality improvements, as necessary. necessary, and to provide a description of the program to the appropriate department. The bill would exempt certain specialized health care service plans and health insurers from these provisions. Because a willful violation of the bills requirement by a health care service plan would be a crime, 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.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of that act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies that provide hospital, medical, or surgical coverage to provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses, as defined, of a person of any age. Existing law also requires health care service plans and health insurers, by July 1, 2019, to develop maternal mental health programs, as specified.
This bill would require health care service plans and health insurers, by July 1, 2021, to establish or provide access to a telehealth consultation program that meets specified criteria and provides providers who treat children and pregnant and certain postpartum persons with access to a psychiatric mental health consultation program, as specified. The bill would require the consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients to be conducted by telephone or telehealth video, and to include guidance on the range of evidence-based treatment options, including psychotherapy. screening tools, and referrals. The bill would require health care service plans and insurers to communicate information relating to the telehealth program at least twice a year in writing. The bill would require health care service plans and health insurers to monitor data pertaining to the utilization of the program to facilitate ongoing quality improvements, as necessary. necessary, and to provide a description of the program to the appropriate department. The bill would exempt certain specialized health care service plans and health insurers from these provisions. Because a willful violation of the bills requirement by a health care service plan would be a crime, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Mothers and Children Mental Health Support Act of 2020.SEC. 2. Section 1367.626 is added to the Health and Safety Code, to read:1367.626. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health care service plan shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the enrollee.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the enrollees network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health care service plan shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health care service plan shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health care service plan shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health care service plan, except a specialized behavioral health-only plan offering professional mental health services.SEC. 3. Section 10123.868 is added to the Insurance Code, to read:10123.868. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health insurer shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the insured.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the insureds network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health insurer shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health insurer shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health insurer shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health insurer, except a specialized behavioral health-only insurer offering professional mental health services.(e)(f) This section shall not be construed to alter a health insurers obligations pursuant to Section 10112.2 or 10144.4.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Mothers and Children Mental Health Support Act of 2020.
SECTION 1. This act shall be known, and may be cited, as the Mothers and Children Mental Health Support Act of 2020.
SECTION 1. This act shall be known, and may be cited, as the Mothers and Children Mental Health Support Act of 2020.
### SECTION 1.
SEC. 2. Section 1367.626 is added to the Health and Safety Code, to read:1367.626. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health care service plan shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the enrollee.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the enrollees network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health care service plan shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health care service plan shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health care service plan shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health care service plan, except a specialized behavioral health-only plan offering professional mental health services.
SEC. 2. Section 1367.626 is added to the Health and Safety Code, to read:
### SEC. 2.
1367.626. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health care service plan shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the enrollee.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the enrollees network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health care service plan shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health care service plan shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health care service plan shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health care service plan, except a specialized behavioral health-only plan offering professional mental health services.
1367.626. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health care service plan shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the enrollee.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the enrollees network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health care service plan shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health care service plan shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health care service plan shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health care service plan, except a specialized behavioral health-only plan offering professional mental health services.
1367.626. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health care service plan shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the enrollee.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the enrollees network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health care service plan shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health care service plan shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health care service plan shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health care service plan, except a specialized behavioral health-only plan offering professional mental health services.
1367.626. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health care service plan shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.
(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:
(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.
(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the enrollee.
(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the enrollees network.
(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.
(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.
(b) A health care service plan shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.
(c) A health care service plan shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.
(d) A health care service plan shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.
(d)
(e) This section does not apply to a specialized health care service plan, except a specialized behavioral health-only plan offering professional mental health services.
SEC. 3. Section 10123.868 is added to the Insurance Code, to read:10123.868. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health insurer shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the insured.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the insureds network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health insurer shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health insurer shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health insurer shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health insurer, except a specialized behavioral health-only insurer offering professional mental health services.(e)(f) This section shall not be construed to alter a health insurers obligations pursuant to Section 10112.2 or 10144.4.
SEC. 3. Section 10123.868 is added to the Insurance Code, to read:
### SEC. 3.
10123.868. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health insurer shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the insured.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the insureds network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health insurer shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health insurer shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health insurer shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health insurer, except a specialized behavioral health-only insurer offering professional mental health services.(e)(f) This section shall not be construed to alter a health insurers obligations pursuant to Section 10112.2 or 10144.4.
10123.868. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health insurer shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the insured.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the insureds network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health insurer shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health insurer shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health insurer shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health insurer, except a specialized behavioral health-only insurer offering professional mental health services.(e)(f) This section shall not be construed to alter a health insurers obligations pursuant to Section 10112.2 or 10144.4.
10123.868. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health insurer shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the insured.(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the insureds network.(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.(b) A health insurer shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.(c) A health insurer shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.(d) A health insurer shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.(d)(e) This section does not apply to a specialized health insurer, except a specialized behavioral health-only insurer offering professional mental health services.(e)(f) This section shall not be construed to alter a health insurers obligations pursuant to Section 10112.2 or 10144.4.
10123.868. (a) (1)In order to more quickly diagnose and treat children and pregnant and postpartum persons suffering from mental illness, by July 1, 2021, a health insurer shall establish or provide access to a telehealth consultation program that provides contracting providers who treat children and persons who are pregnant or up to one year postpartum with access to a psychiatric mental health consultation program during the treating providers standard provider hours, which may include evenings and weekends. The telehealth consultation program shall include a triage service and psychiatric consultation by a mental health clinician with expertise appropriate for pregnant, postpartum, and pediatric patients, including a psychiatrist when appropriate or requested by the treating provider, by telephone or telehealth video, and shall include guidance on the range of evidence-based treatment options, including psychotherapy, as determined to be appropriate. appropriate, screening tools, and referrals.
(2)The telehealth consultation program described in paragraph (1) shall be implemented, at a minimum, pursuant to all of the following requirements:
(A)The program shall allow the treating provider to utilize a telephone line or video consultation service. The program shall include triage by a clinician trained in the appropriate specialty of mental health care, including a registered nurse, psychologist, licensed clinical social worker, licensed clinical counselor, or licensed marriage and family therapist. Clinicians triaging for pediatric patients shall have appropriate training in child and adolescent mental health. Clinicians triaging for perinatal patients shall have appropriate training in maternal mental health, which shall include a clinician certified in perinatal mental health (PMH-C). These requirements may be satisfied by providing access to one clinician who is appropriately cross-trained in both areas.
(B)The triaging clinician shall provide guidance on appropriate additional screening tools, if warranted, and evidence-based treatment options to assist with the development of a plan for further psychological assessment, if needed, and development of a treatment plan for the insured.
(C)If deemed appropriate by the treating provider and consulting clinician, the consulting clinician shall provide the treating provider with names and contact information for behavioral health clinicians within the insureds network.
(D)If deemed appropriate, including if the treating provider requests consultation, the triage clinician shall then connect the treating provider to a consulting psychiatrist trained in child psychiatry or maternal mental health, or both, as appropriate.
(3)A health care service plan that currently has or develops an asynchronous e-consult program for consultation with psychiatrists is encouraged to provide that service as part of the consultation program, but shall also provide live telephonic or video consult access, or both.
(b) A health insurer shall communicate information relating to the telehealth program and its availability to contracting medical providers who treat children and pregnant and postpartum persons, including pediatricians, obstetricians, and primary care providers, at least twice a year in writing.
(c) A health insurer shall monitor data pertaining to the utilization of its telehealth consultation program to facilitate ongoing quality improvements to the program, as necessary.
(d) A health insurer shall provide a description of the telehealth consultation program to the department in a manner and format prescribed by the department.
(d)
(e) This section does not apply to a specialized health insurer, except a specialized behavioral health-only insurer offering professional mental health services.
(e)
(f) This section shall not be construed to alter a health insurers obligations pursuant to Section 10112.2 or 10144.4.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 4.