AB 705, as amended, 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 2909 of the Business and Professions
2Code is amended to read:
This chapter shall not be construed as restricting or
4preventing activities of a psychological nature or the use of the
5official title of the position for which they were employed on the
6part of the following persons, provided those persons are
7performing those activities as part of the duties for which they
8were employed, are performing those activities solely within the
9confines of or under the jurisdiction of the organization in which
10they arebegin delete employedend deletebegin insert employed,end insert and do not offer to render or render
11
psychological services as defined in Sectionbegin delete 2903:end deletebegin insert 2903:end insert
12(a) Persons who hold a valid and current credential as a school
13psychologist issued by the State Department of Education.
14(b) Persons who hold a valid and current credential as a
15psychometrist issued by the State Department of Education.
P3 1(c) Persons who are employed in positions as psychologists or
2psychological assistants by accredited or approved colleges, junior
3begin delete collegesend deletebegin insert
colleges,end insert orbegin delete universities;end deletebegin insert
universities, orend insert by federal, state,
4begin delete countyend deletebegin insert county,end insert or municipal governmental organizations that are
5not primarily involved in the provision of direct health or mental
6healthbegin delete
services; or in a private setting that is not primarily involved
7in the provision of direct health or mental health services. Those
8personsend delete
9research findings and scientific information. They may also offer
10lectures to the public for a fee, monetary or otherwise, without
11being licensed under this chapter.
Section 2909.5 is added to the Business and Professions
13Code, to read:
This chapter shall not be construed as restricting or
15preventing activities of a psychological nature or the use of the
16official title of the position for which persons were employed on
17the part of persons who meet the educational requirements of
18subdivision (b) of Section 2914 and who have one year or more
19of the supervised professional experience referenced in subdivision
20(c) of Section 2914, if they are employed by nonprofit community
21agencies that receive a minimum of 25 percent of their financial
22support from any federal, state, county, or municipal governmental
23organizations for the purpose of training and providing services,
24provided those persons are performing those activities as part of
25the duties for which they were employed, are
performing those
26activities solely within the confines of or under the jurisdiction of
27the organization in which they are employed and do not offer to
28render or render psychological services as defined in Section 2903.
29Those persons shall be registered by the agency with the board at
30the time of employment and shall be identified in the setting as a
31“registered psychologist.” Those persons shall be exempt from
32this chapter for a maximum period of 30 months from the date of
33registration.
Section 2910 of the Business and Professions Code is
35amended to read:
(a) This chapter shall not be construed to restrict the
37practice of psychology on the part of persons who are salaried
38employees of accredited or approved academic institutions, public
39schools, or governmental agencies, provided:
P4 1(1) Such employees are performing such psychological activities
2as part of the duties for which they were hired.
3(2) Such employees are performing those activities solely within
4the jurisdiction or confines of such organizations.
5(3) Such employees do not hold themselves out to the public
6by any
title or description of activities incorporating the words
7“psychology,” “psychological,” “psychologist,” “psychometry,”
8begin delete “psychometrics”end deletebegin insert “psychometrics,”end insert or “psychometrist.”
9(4) Such employees do not offer their services to the public for
10a fee, monetary or otherwise.
11(5) Such employees are primarily gaining the supervised
12professional experience required for licensure that is being accrued
13consistent with the board’s regulations and the employees have as
14the primary supervisor a psychologist licensed in the state.
15(b) The limited exception
granted under this section may not
16exceed five years from the date of employment.
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