Amended in Senate June 1, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 705

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 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, begin delete 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. end delete begin insert including modifying those permissive provisions to not restrict or prevent from conducting activities of a psychological nature, or the use of the official title of his or her position, a person who holds a valid and current credential as a school psychologist issued by the Commission on Teacher Credentialing. end insert

begin insert

The bill would similarly not so restrict or prevent a person employed in a position as a psychologist or psychological assistant by one of specified entities from conducting research and disseminating his or her research findings and scientific information. Such a person would be authorized to offer lectures to the public for a fee, monetary or otherwise, without being licensed under the licensing law.

end insert begin insert

The bill would also not so restrict or prevent a person with specified education and training employed as prescribed by a nonprofit community agency that receives a certain percentage of financial support from governmental organizations for the purpose of training and providing services. The bill would require those persons to be registered by the agency with the board at the time of employment and identify such a person in the setting as a “registered psychologist.” The bill would exempt those registered psychologists from licensure for a maximum period of 30 months from the date of registration.

end insert

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 begin insert licensing end insert 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 begin delete exempt those persons from licensure for no more than 5 years from the date of employment. end delete begin insert limit the application of that exemption to an individual employee to a cumulative total of 5 years of employment after January 1, 2016. end insert

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.  

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 begin delete offer to end delete render or begin insert offer to end insert render
psychological begin delete services end delete begin insert services, end insert as defined in Section 2903:

(a) Persons who hold a valid and current credential as a school
psychologist issued by the begin delete State Department of Education. end delete
begin insert Commission on Teacher Credentialing. end insert

begin delete

(b) Persons who hold a valid and current credential as a
psychometrist issued by the State Department of Education.

end delete begin delete

(c)

end delete

begin insert (b) end insert  Persons who are employed in positions as psychologists or
psychological assistants by accredited or approved colleges, junior
colleges, or universities, or by federal, state, county, or municipal
governmental organizations that are not primarily involved in the
provision of direct health or mental health services, may conduct
research and disseminate their research findings and scientific
information. They may also offer lectures to the public for a fee,
monetary or otherwise, without being licensed under this chapter.

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 begin delete offer to end delete
render or begin insert offer to end insert render psychological begin delete services end delete begin insert services, end insert 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.  

(a) This chapter shall not be construed to restrict the
practice of psychology on the part of persons who are salaried
employees of accredited or approved academic institutions, public
schools, or governmental agencies, begin delete provided: end delete begin insert if those employees
are complying with the following: end insert

(1)  begin delete Such employees are performing such end delete begin insert Performing those end insert
psychological activities as part of the duties for which they were
hired.

(2)  begin delete Such employees are performing end delete begin insert Performing end insert those activities
solely within the jurisdiction or confines of begin delete such end delete begin insert those end insert
organizations.

(3)  begin delete Such employees do end delete begin insert Do end insert not hold themselves out to the public
by any title or description of activities incorporating the words
“psychology,” “psychological,” “psychologist,” “psychometry,”
“psychometrics,” or “psychometrist.”

(4)  begin delete Such employees do end delete begin insert Do end insert not offer their services to the public
for a fee, monetary or otherwise.

(5)  begin delete Such employees are end delete begin insert Are end insert 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.

begin delete

(b) The limited exception granted under this section may not
exceed five years from the date of employment.

end delete begin insert

(b) Commencing January 1, 2016, an individual employed or
who becomes employed by one or more employers as described
in subdivision (a) may be exempt under this section for a
cumulative total of five years.

end insert