BILL NUMBER: AB 705 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eggman
FEBRUARY 25, 2015
An act to amend Sections 2909 and 2910 of, and to add Section
2909.5 to, the Business and Professions Code, relating to
psychologists.
LEGISLATIVE COUNSEL'S DIGEST
AB 705, as introduced, Eggman. Psychologists: licensure exemption.
The Psychology Licensing Law provides for the licensure and
regulation of psychologists by the Board of Psychology and makes a
violation of its provisions a misdemeanor. Existing law prohibits a
person from engaging in the practice of psychology or representing
himself or herself to be a psychologist without a license, except as
specified. Existing law provides that a person, including, but not
limited to, a person who holds a valid and current credential as a
school psychologist issued by the State Department of Education, is
not restricted or prevented from conducting activities of a
psychological nature or the use of the official title of his or her
position, provided that person is performing those activities as part
of the duties for which he or she was employed, is performing those
activities solely within the confines of or under the jurisdiction of
the organization in which he or she is employed, and does not offer
to render or render psychological services, as specified, to the
public for a fee over and above the salary he or she receives for the
performance of his or her official duties with the organization.
This bill would revise and recast those provisions, and specify
that those persons are not restricted or prevented from conducting
activities of a psychological nature or using the official title of
their position provided that they do not offer to render
psychological services, as specified.
Existing law also provides that the Psychology Licensing Law does
not restrict or prevent activities of a psychological nature on the
part of a person who is a salaried employee of an accredited or
approved academic institution, public school, or governmental agency,
provided that, among other things, the person does not provide
direct health or mental health services.
This bill would instead provide that the law does not restrict the
practice of psychology on the part of a person who is a salaried
employee of an accredited or approved academic institution, public
school, or governmental agency, and would delete the prohibition on
providing direct health or mental health services. The bill would
additionally require an employee of an accredited or approved
academic institution, public school, or governmental agency to
primarily be gaining the supervised professional experience required
for licensure, as specified, in order to practice psychology without
a license. The bill would exempt those persons from licensure for no
more than 5 years from the date of employment.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2909 of the Business and Professions Code is
amended to read:
2909. Nothing in this This chapter
shall not be construed as restricting or preventing
activities of a psychological nature or the use of the official title
of the position for which they were employed on the part of the
following persons, provided those persons are performing those
activities as part of the duties for which they were employed, are
performing those activities solely within the confines of or under
the jurisdiction of the organization in which they are employed and
do not offer to render or render psychological services as defined in
Section 2903 to the public for a fee, monetary or
otherwise, over and above the salary they receive for the performance
of their official duties with the organization in which they are
employed :
(a) Persons who hold a valid and current credential as a school
psychologist issued by the California State
Department of Education.
(b) Persons who hold a valid and current credential as a
psychometrist issued by the California State
Department of Education.
(c) Persons who are employed in positions as
psychologists or psychological assistants, or in a student
counseling service, assistants by accredited or
approved colleges, junior colleges or universities; by
federal, state, county or municipal governmental organizations
which that are not primarily involved
in the provision of direct health or mental health services.
However, those persons may, without obtaining a license under this
act, consult or services; or in a private setting that
is not primarily involved in the provision of direct health or
mental health services. Those persons may conduct research and
disseminate their research findings and scientific
information to other such accredited or approved academic
institutions or governmental agencies. information.
They may also offer lectures to the public for a fee, monetary
or otherwise, without being licensed under this chapter.
(d) Persons who meet the educational requirements of subdivision
(b) of Section 2914 and who have one year or more of the supervised
professional experience referenced in subdivision (c) of Section
2914, if they are employed by nonprofit community agencies that
receive a minimum of 25 percent of their financial support from any
federal, state, county, or municipal governmental organizations for
the purpose of training and providing services. Those persons shall
be registered by the agency with the board at the time of employment
and shall be identified in the setting as a "registered psychologist."
Those persons shall be exempt from this chapter for a maximum period
of 30 months from the date of registration.
SEC. 2. Section 2909.5 is added to the Business and Professions
Code, to read:
2909.5. This chapter shall not be construed as restricting or
preventing activities of a psychological nature or the use of the
official title of the position for which persons were employed on the
part of persons who meet the educational requirements of subdivision
(b) of Section 2914 and who have one year or more of the supervised
professional experience referenced in subdivision (c) of Section
2914, if they are employed by nonprofit community agencies that
receive a minimum of 25 percent of their financial support from any
federal, state, county, or municipal governmental organizations for
the purpose of training and providing services, provided those
persons are performing those activities as part of the duties for
which they were employed, are performing those activities solely
within the confines of or under the jurisdiction of the organization
in which they are employed and do not offer to render or render
psychological services as defined in Section 2903. Those persons
shall be registered by the agency with the board at the time of
employment and shall be identified in the setting as a "registered
psychologist." Those persons shall be exempt from this chapter for a
maximum period of 30 months from the date of registration.
SEC. 3. Section 2910 of the Business and Professions Code is
amended to read:
2910. Nothing in this (a)
This chapter shall not be construed to
restrict or prevent activities of a psychological nature
the practice of psychology on the part of
persons who are salaried employees of accredited or approved academic
institutions, public schools , or governmental agencies,
provided:
(a)
(1) Such employees are performing such psychological
activities as part of the duties for which they were hired;
hired.
(b)
(2) Such employees are performing those activities
solely within the jurisdiction or confines of such
organizations; organizations.
(c)
(3) Such persons employees
do not hold themselves out to the public by any title or
description of activities incorporating the words "psychology,"
"psychological," "psychologist," "psychometry," "psychometrics" or
"psychometrist"; "psychometrist."
(d)
(4) Such persons employees
do not offer their services to the public for a fee, monetary
or otherwise; otherwise.
(e) Such persons do not provide direct health or mental health
services.
(5) Such employees are primarily gaining the supervised
professional experience required for licensure that is being accrued
consistent with the board's regulations and the employees have as the
primary supervisor a psychologist licensed in the state.
(b) The limited exception granted under this section may not
exceed five years from the date of employment.