Bill Text: CA SB578 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Behavioral sciences: records retention.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-09-09 - Chaptered by Secretary of State. Chapter 312, Statutes of 2014. [SB578 Detail]

Download: California-2013-SB578-Chaptered.html

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BILL NUMBER: SB 578	CHAPTERED
	BILL TEXT

	CHAPTER  312
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2014
	PASSED THE SENATE  AUGUST 14, 2014
	PASSED THE ASSEMBLY  AUGUST 7, 2014
	AMENDED IN ASSEMBLY  JUNE 23, 2014
	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 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, Wyland. Behavioral sciences: records retention.
   Existing law 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 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. The bill would authorize
records to be retained in either a written or an electronic format.
Because a violation of these requirements 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.


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 the client or
the patient reaches 18 years of age. Health service records may be
retained in either a written or an electronic format.
   (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. Health service
records may be retained in either a written or an electronic format.
   (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, 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. Health service records may be
retained in either a written or an electronic format.
   (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. Health service records may
be retained in either a written or an electronic format.
   (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. 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.