Wednesday, July 31, 2019
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Governor Signs Bill Blocking State Bar From Seeking Mental Health Records
By a MetNews Staff Writer
A bill that prohibits the State Bar from seeking a medical waiver for a mental health history evaluation as part of the moral fitness evaluation of those seeking licensure was signed into law yesterday by Gov. Gavin Newsom.
The legislation, authored by Sen. Tom Umberg, D–Santa Ana, amends Business & Professions Code §6060. Chief among the changes is the addition of this language:
“In reviewing whether an applicant is of good moral character under this subdivision, the staff of the State Bar or the members of the examining committee shall not review or consider the person’s medical records relating to mental health, except if the applicant seeks to use the record for either of the following purposes:
“(i) To demonstrate that the applicant is of good moral character.
“(ii) As a mitigating factor to explain a specific act of misconduct.”
It adds that consent to disclosure may not be solicited.
Umberg said yesterday:
“There are candidates who do not seek honest and warranted professional help, out of fear they have to divulge those records. SB 544 will stop the bar from asking for access to those records in most cases.”
He added that there is “no reason why perfectly capable people” suffering from post-traumatic stress disorder or depression “can’t practice law and do so effectively.”
The bill makes various nonsubstantive changes, including changing “his or her” to “their” and “him or her” to “them.”
Among other bills signed into law were:
•SB 41, authored by Sen. Robert Hertzberg, D-Van Nuys. It adds this language to Civil Code §3361:
“Using race and gender-based tables can, by some estimates, under-value women and minorities by hundreds of thousands of dollars, including children who have not yet had the opportunity to work or identify career options. Specifically, these practices greatly disadvantage children of color, who are more likely to be impacted by environmental hazards created by the industrial facilities and factories located in low-income communities.”
In enacting the bill, the Legislature found:
“Using race and gender-based tables can, by some estimates, under-value women and minorities by hundreds of thousands of dollars, including children who have not yet had the opportunity to work or identify career options. Specifically, these practices greatly disadvantage children of color, who are more likely to be impacted by environmental hazards created by the industrial facilities and factories located in low-income communities.”
•SB 233, authored by Sen. Scott Wiener, D-San Francisco. The bill provides immunity from arrest to prostitutes who report specified serious felonies and bars introduction of a condom as evidence that a defendant was engaged in crimes relating to prostitution.
Wiener said yesterday:
“By enacting SB 233, California is sending a powerful message that we value the health and safety of sex workers. When sex workers believe that reporting violent crimes or carrying condoms will get them arrested, they simply won’t take these steps, and we will all be less safe as a result. We need to create every incentive for sex workers to report crimes and to protect themselves and their clients from HIV and other sexually transmitted infections. SB 233 moves us in that direction.”
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