SECTIONS 124260 - California Statutes

HEALTH AND SAFETY CODE

SECTION 124260

124260. (a) As used in this section:
(1) "Mental health treatment or counseling services" means the
provision of outpatient mental health treatment or counseling by a
professional person, as defined in paragraph (2).
(2) "Professional person" means any of the following:
(A) A person designated as a mental health professional in
Sections 622 to 626, inclusive, of Title 9 of the California Code of
Regulations.
(B) A marriage and family therapist as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
(C) A licensed educational psychologist as defined in Chapter 13.5
(commencing with Section 4989.10) of Division 2 of the Business and
Professions Code.
(D) A credentialed school psychologist as described in Section
49424 of the Education Code.
(E) A clinical psychologist as defined in Section 1316.5 of the
Health and Safety Code.
(F) A licensed clinical social worker as defined in Chapter 14
(commencing with Section 4991) of Division 2 of the Business and
Professions Code.
(G) A marriage and family therapist registered intern, as defined
in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, while working under the supervision of
a licensed professional specified in subdivision (f) of Section
4980.40 of the Business and Professions Code as that subdivision read
on January 1, 2003.
(H) A board certified, or board eligible, psychiatrist.
(b) Notwithstanding any provision of law to the contrary, a minor
who is 12 years of age or older may consent to mental health
treatment or counseling services if, in the opinion of the attending
professional person, the minor is mature enough to participate
intelligently in the mental health treatment or counseling services.
(c) Notwithstanding any provision of law to the contrary, the
mental health treatment or counseling of a minor authorized by this
section shall include involvement of the minor's parent or guardian,
unless the professional person who is treating or counseling the
minor, after consulting with the minor, determines that the
involvement would be inappropriate. The professional person who is
treating or counseling the minor shall state in the client record
whether and when the person attempted to contact the minor's parent
or guardian, and whether the attempt to contact was successful or
unsuccessful, or the reason why, in the professional person's
opinion, it would be inappropriate to contact the minor's parent or
guardian.
(d) The minor's parent or guardian is not liable for payment for
mental health treatment or counseling services provided pursuant to
this section unless the parent or guardian participates in the mental
health treatment or counseling, and then only for services rendered
with the participation of the parent or guardian.
(e) This section does not authorize a minor to receive convulsive
therapy or psychosurgery as defined in subdivisions (f) and (g) of
Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor's parent or guardian.