____________________________________________ Professional Ethics and Law in California, 2nd Edition
CALIFORNIA SENATE BILL 855 Senate Bill 855 was introduced by Senator Scott Wiener in the California Senate on January 14, 2020, and aimed to address shortcomings in existing state and federal laws regard- ing mental health and substance use disorder (MH/SUD) coverage in health plans. This bill expanded the California Mental Health Parity Act (MHPAEA) and the Patient Protec- tion and Affordable Care Act, to encompass all MH/SUD conditions, even at intermediate care levels like residential treatment (Laska & Cohen, 2020). SB 855 brings modifications to California’s existing statutes, introducing changes to the Health & Safety Code governing healthcare service plans and the Insurance Code overseeing health insurers in the state. The California Senate approved SB 855 on June 25, 2020, followed by revisions and passage in the Assembly, ultimately leading to its enactment on September 25, 2020, after the Governor’s signature. Key provisions of SB 855 include Laska & Cohen, 2020): • Expanding the range of coverage requirements outlined in the California Mental Health Parity Act. • Implementing a consistent definition of “medically necessary treatment for mental health or substance use disorders.” • Prohibiting the inclusion of “discretionary clauses” in health plan contracts. • Introducing responsibilities for payors to facilitate out-of-network coverage for MH/SUD services. • Preventing plans and insurers from restricting MH/SUD benefits to short-term or acute treatment. • Prohibiting the withdrawal of prior authorization for MH/SUD services after they have been provided. • Establishing new internal compliance standards and disclosure obligations. • Granting increased enforcement authority to the Department of Managed Health Care (DMHC) and the Insurance Commissioner .
(b) As a one-time requirement, a licensee before the time of their first renewal after July 1, 2023, or an applicant for reactivation or reinstatement to an active license status on or after July 1, 2023, shall have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which shall include law and ethics related to telehealth, using one of the methods specified in subdivision (a). (c) Proof of compliance with subdivision (b) shall be certified under penalty of perjury that they are in compliance with this section and shall be retained for submission to the board upon request. California law defines telehealth as a mode of deliver- ing health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self- management of a patient’s health care while the patient is at the originating site and health care provider is at the distant site.
Self-Assessment Question
4. In accordance with California regulations, applicants and registrants must successfully pass a California law and ethics examination administered by the board as a prerequisite for obtaining their license (unless an exemption under Section 4980.398 applies).
A) True B) False
Self-Assessment Question
5. The California Board of Behavioral Sciences requires both applicants for licensure and licensees to have completed a minimum of ___ hours of coursework or applied experience under supervision in suicide risk assessment and intervention.
A) 2 B) 3 C) 6 D) This is not required.
Self-Assessment Question
6. Effective July 1, 2023, the California Board of Behavioral Services began requiring both applicants for licensure and licensees to have completed a minimum of three hours of training or coursework in the provision of mental health services via telehealth, which must include law and ethics related to telehealth.
CALIFORNIA BOARD OF BEHAVIORAL SCIENCES LICENSEES
LICENSED CLINICAL SOCIAL WORKER Scope of Practice
A) True B) False
According to the California Board of Behavioral Sciences Statutes, the scope of practice of licensed clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and the part that unconscious
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