Behavioral health centers, facilities, and programs: background checks.

2025-2026 Regular Session Introduced by Juan Alanis

AB 277 requires background checks for behavioral health treatment providers to exclude those convicted of crimes involving minors; licensed providers exempt if already checked.

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 23). Re-referred to Com. on APPR.

#behavioralhealthcenters #facilities #andprograms #backgroundchecks

Purpose

AB 277 requires background checks for persons who provide behavioral health treatment at behavioral health centers, facilities, or programs, with the specific intent of identifying and excluding individuals convicted of crimes involving minors. The bill aims to strengthen safeguards for minors served in behavioral health settings.

Key provisions

Adds Chapter 2.10 (commencing with Section 18980) to Division 8 of the Business and Professions Code.

Section 18980(a): Requires any person who provides behavioral health treatment (as defined by Health & Safety Code §1374.73(c)(1)) for a behavioral health center, facility, or program to undergo a background check pursuant to Penal Code §11105.3. The purpose is to identify and exclude persons convicted of crimes involving a minor.

Section 18980(b): Exempts individuals who hold a current, valid California state license issued by a state licensing board if that licensure process already included a fingerprint-based background check and the license is in good standing.

The bill’s language and legislative digest indicate it expands the scope of the crime of unlawful disclosure of state summary criminal history information (relating to Department of Justice records), which the digest characterizes as creating a state-mandated local program.

Section 2: States the bill does not require state reimbursement to local agencies under Article XIII B, Section 6 of the California Constitution, asserting any local costs arise from changes to criminal definitions/penalties.

Who would be affected

Directly affected: persons providing behavioral health treatment in behavioral health centers, facilities, and programs (employees, contractors, clinicians) who do not already hold qualifying California licenses.

Employers/operators of behavioral health centers/facilities/programs (administrative burden to ensure compliance).

California DOJ and local entities that process fingerprint-based/summary criminal history checks.

Indirectly affected: minors and families served by behavioral health programs (increased screening protections).

Fiscal and legal implications

Fiscal Committee: Yes. No appropriation.

Classified as creating a local program mandate (per legislative digest). The bill asserts no state reimbursement is required because costs relate to criminal law changes under Government Code §17556 and Article XIII B, §6.

Potential administrative costs for providers and facilities to implement background-check procedures and maintain compliance. Possible legal implications tied to the expanded scope of unlawful disclosure of criminal history information.

Procedural history (selected)

2025-01-21: Read first time; to print.

2025-02-10: Referred to Committees on Human Services and Public Safety.

Feb–Apr 2025: Multiple amendments and re-referrals to Human Services Committee.

2025-05-01: Set for first hearing in committee; hearing canceled at author’s request.

Notes: The bill relies on definitions and procedures in existing statutes (Health & Safety Code §1374.73(c)(1) for “behavioral health treatment” and Penal Code §11105.3 for background-check mechanics). For operational detail (e.g., fingerprints, DOJ processing steps), consult those code sections and related DOJ guidance.

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