BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 7, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 705  
          Eggman - As Introduced February 25, 2015


          SUBJECT:  Psychologists:  licensure exemption.


          SUMMARY:  Requires individuals performing psychological  
          activities, within specified exempt settings, to work under the  
          supervision of a licensed psychologist; accumulate the  
          supervised hours required for licensure; and, become licensed  
          within five years.  This bill also makes other technical and  
          clarifying amendments.


          EXISTING LAW


          1)Prohibits a person from engaging in the practice of psychology  
            or representing himself or herself to be a psychologist  
            without a license unless specifically exempt.  (Business and  
            Professions Code (BPC) Section 2903)

          2)Defines "the practice of psychology" to mean "rendering or  
            offering to render for a fee to individuals, groups,  
            organizations, or the public any psychological service  
            involving the application of principles, methods, and  
            procedures of understanding, predicting, and influencing  
            behavior, such as the principles pertaining to learning,  
            perception, motivation, emotions, and interpersonal  








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            relationships as specified.  (BPC Section 2903)





          3)Permits the following persons to perform activities of a  
            psychological nature and use of the official title for which  
            they are employed, provided they are performing those  
            activities as part of the duties for which they are employed,  
            solely within the confines of or under the jurisdiction of the  
            organization in which they are employed and do not offer or  
            render psychological services to the public for a fee, over  
            and above the salary they receive for the performance of their  
            professional duties with the organization which they are  
            employed:

             a)   Persons who hold a valid and current credential as a  
               school psychologist issued by the California Department of  
               Education;

             b)   Persons who hold a valid and current credential as a  
               psychometrist issued by the California Department of  
               Education;



             c)   Persons employed in positions as psychologists or  
               psychological assistants, or in a student counseling  
               service, by accredited or approved colleges, junior  
               colleges or universities; federal, state, county or  
               municipal governmental organizations which are not  
               primarily involved in the provision of direct health or  
               mental health services.  Those persons may, without  
               obtaining a license, consult or disseminate their research  
               findings and scientific information to other such  
               accredited or approved academic institutions or  
               governmental agencies, and may also offer lectures to the  
               public for a fee, monetary or otherwise, without being  








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               licensed as specified; and, 



             d)   Persons who meet specified educational requirements and  
               have one year or more of the supervised professional  
               experience 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; and are registered by the  
               agency with the Board of Psychology at the time of  
               employment and identified in the setting as a "registered  
               psychologist."  Those persons may be exempt from licensure  
               requirements for a maximum period of 30 months from the  
               date of registration.  (BPC Section 2909)


          4)Permits persons who are salaried employees of accredited or  
            approved academic institutions, public schools or governmental  
            agencies to perform activities of a psychological nature,  
            provided:


             a)   Such employees are performing such psychological  
               activities as part of the duties for which they were hired;


             b)   Such employees are performing those activities solely  
               within the jurisdiction or confines of such organizations;


             c)   Such persons 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;"


             d)   Such persons do not offer their services to the public  








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               for a fee, monetary or otherwise; and, 


             e)   Such persons do not provide direct health or mental  
               health services.  (BPC Section 2910)


          5)Specifies that persons employed or under contract to provide  
            county mental health services, as specified, are subject to  
            all applicable requirements of law regarding professional  
            licensure, and no person shall be employed in local mental  
            health programs, as specified, to provide services for which a  
            license is required, unless the person possesses a valid  
            license.  (Welfare and Institutions Code (WIC) Section  
            5751.2(a)

          6)Permits the State Department of Health Care Services to exempt  
            individuals from the provisions above if the persons are  
            employed or under contract to provide mental health services  
            as psychologists, as specified, who are gaining the experience  
            required for licensure, and provides that the exemption may  
            not exceed five years from the date of employment by, or  
            contract with, a local mental health program for persons in  
            the profession of psychology.  (WIC Section 5751.2(d).


          7)Permits the State Department of Public Health to waive  
            specified licensure requirements in health facilities solely  
            for persons in the professions of psychology, marriage and  
            family therapy, clinical social work, or professional clinical  
            counseling who are gaining qualifying experience for  
            licensure, and prohibits the waiver from exceeding three years  
            from the date of employment for psychologists, or four years  
            from the date of employment for marriage and family  
            therapists, clinical social workers, and professional clinical  
            counselors, unless an extension of a waiver is granted as  
            specified.  (Health and Safety Code (HSC) Section 1277(b)(3)










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          THIS BILL


          1)Deletes a limitation on the compensation, monetary or  
            otherwise, an exempt individual may receive who is providing  
            psychological services, as specified.



          2)Permits exempt persons who are employed in a private setting  
            that is not primarily involved in providing direct health or  
            mental services to conduct research and disseminate their  
            research findings and scientific information.



          3)Requires individuals who are salaried employees of accredited  
            or approved academic institutions, public schools, or  
            government agencies, who are practicing psychology, as  
            specified, to be employees who are primarily gaining the  
            supervised professional experience required for licensure that  
            is being accrued consistent with the Board of Psychology (BOP)  
            regulations and the employee's primary supervisor is a  
            psychologist licensed in the state.



          4)Requires individuals who are salaried employees of accredited  
            or approved academic institutions, public schools, or  
            government agencies, who are practicing psychology, as  
            specified above, to obtain licensure within five years from  
            the date of employment. 





          5)Makes other technical and clarifying amendments. 









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          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel.


          COMMENTS


          1)Purpose.  This bill is sponsored by the BOP.  According to the  
            author, "[This bill]  will clarify the original intent of the  
            Psychology Practice Act (Act), which is to have qualified,  
            licensed individuals performing psychological functions in  
            both private and public settings. Currently, a loop hole  
            allows employees in government settings serving vulnerable  
            populations to continue practicing indefinitely without  
            supervision by a licensed psychologist.  Persons serving in  
            non-exempt (private) settings are required to be supervised by  
            a licensed psychologist and accumulate hours towards licensure  
            from the onset. This bill will provide consumer protection to  
            the vulnerable individuals being served in exempt settings by  
            making employees subject to oversight and competency standards  
            set forth by the [BOP]."

          2)Background.  This bill revises supervised experience  
            requirements for individuals who are performing psychological  
            services in exempt settings by requiring an employee of an  
            accredited or approved academic institution, public school, or  
            governmental agency, who is not licensed to practice  
            psychology to be supervised by a psychologist for purposes of  
            gaining experience hours, and become licensed within five  
            years from the date of employment and makes other technical  
            and clarifying amendments.



            Psychologists.  Licensed psychologists may practice  
            independently in any private or public setting using  
            psychological methods to diagnose, treat, prevent, and  
            ameliorate emotional and mental disorders of individuals and  
            groups.  There are currently 20,000 licensed psychologists in  








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            California.  Licensed psychologists practicing in private  
            practice must hold a license from the BOP.



            Licensure requirements.  Licensed psychologists are required  
            to obtain a doctoral degree from an accredited institution in  
            psychology, educational psychology, or in a field specializing  
            in counseling psychology or educational psychology.   
            Psychologists are required to complete 3000 hours (minimum  
            two-years) of supervised experience, of which 1500 must be  
            completed after obtaining a doctoral degree.  Registered  
            psychologists are required to register with the BOP and are  
            authorized to engage in psychological activities at nonprofit  
            community agencies that receive a minimum of 25 percent of  
            their funding from some government source.  Registered  
            psychologists may not engage in psychology practice outside of  
            the nonprofit community agency where they are registered and  
            may nor may not be fully licensed.  There are approximately  
            321 registered psychologists. 





            Many post-doctoral psychologists gain supervision experience  
            requirements while employed at schools, colleges or  
            universities and government entities, which provide  
            opportunities to gain the required supervisory hours needed  
            for licensure.  However, these employment settings are  
            considered "exempt" by the BOP.  



            Exempt settings.  Under current law there are certain types of  
            organizations which are referred to as "exempt settings,"  
            where employees are not required to have a license or a  
            registration in order to perform activities of a psychological  
            nature as long as those individuals are providing the services  








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            within the scope of their employment.  Exempt settings include  
            places such as an educational institution (approved or  
            accredited), a school district, or a governmental entity.  



            Most individuals working in an exempt setting have completed  
            their doctoral program and are in the process of acquiring the  
            required 1500 hours of supervised experience necessary for  
            licensure.  However, the Act does not restrict the number of  
            years that an individual may work in an exempt setting without  
            becoming licensed nor does it specify that a person working in  
            an exempt setting is required to work under a licensed  
            supervisor, unless they are obtaining their 1500 hours of  
            supervised experience.  These individuals are also not  
            required to register with the BOP prior to or during their  
            employment, unless they are working for a non-profit community  
            agency which received 25 percent or more of its funding from  
            government sources.  Many exempt settings do not meet this  
            threshold, meaning individuals employed in these positions are  
            not registered with the BOP and the BOP has no enforcement  
            authority.  

            According to the author, the BOP has no way of determining how  
            many unlicensed individuals are practicing in exempt settings  
            as these individuals are not required to register with the  
            BOP.  In addition, the BOP does not know how many individuals  
            are employed in exempt settings who have attempted to take and  
            failed the licensure examination or the number of individuals  
            who are employed in these settings and have not applied for  
            licensure.  Effectively, this means that individuals employed  
            in exempt settings may be providing services of a  
            psychological nature without a license issued by the BOP.  It  
            is not clear under the Act that individuals employed in these  
            exempt settings are required to work under the supervision of  
            a licensed psychologist nor does it restrict their length of  
            employment.  

            WIC Section 5751.2 and HSC Section 1277 regulate community  








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            mental health and health facilities and include provisions  
            which allow for the employment of individuals to perform  
            psychological services for the purpose of gaining supervised  
            hours and experience, but require individuals employed in all  
            exempt settings to become licensed within five years.  This  
            bill seeks to make licensing requirements consistent for  
            individuals employed in exempt settings by requiring  
            individuals employed in all exempt settings to obtain  
            licensure within five years of the start of their employment.   
             


            According to the BOP, gaining 1500 hours of required  
            supervision can take as little as one year.  The BOP contends  
            that five years is more than enough time to complete the  
            required supervised hours.  The BOP states that it takes  
            approximately six months to complete the application and  
            licensing process.  

            Court Case.  According to the author, there was a recent court  
            case, Brown v. County of Los Angeles (2012) 203 Cal. App. 4th  
            1529, in which the California Second Appellate Court found  
            that the Los Angeles County Department of Mental Health  
            wrongfully terminated a Mental Health Clinician II for failing  
            to obtain her psychology license.  The woman argued that she  
            was exempt, but the County argued that she had to obtain a  
            license within five years and failed to do so.  However, the  
            Court ruled that current law as specified in the BPC was not  
            clear in stating that there was a time requirement.  



          3)Related Legislation.  AB 1374 (Levine) of 2015, requires a  
            supervisor to submit verification of supervised hours directly  
            to the BOP and authorizes an individual to submit the hours to  
            the BOP, as determined by the BOP, if the supervisor fails to  
            do so.  (Note: This bill is currently pending in the Assembly  
            Committee on Business and Professions)  









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          ARGUMENTS IN SUPPORT.  The  BOP  writes in support, "This bill  
          will enhance consumer protection of particularly vulnerable  
          populations by ensuring that employees in exempt settings are  
          properly supervised and working towards licensure.  This will be  
          done by requiring employees to be supervised by licensed  
          psychologists, to be earning supervised professional experience  
          hours, and to be working towards licensure within a given  
          timeframe of five years."





          SUGGESTED AUTHOR'S AMENDMENTS





          On page 3, strike line 14.



          On page 3, in line 15, strike "of direct health or mental health  
          services. Those persons"



          ARGUMENTS IN OPPOSITION


          


          None on file. 










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          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Board of Psychology (sponsor)


          California Psychological Association





          Opposition


          


          None on file. 




          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301

















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