BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 705 Hearing Date: June 8,
2015
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|Author: |Eggman |
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|Version: |June 1, 2015 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Huchel |
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Subject: Psychologists: licensure exemption.
SUMMARY: Updates the Psychology Licensing Law (Law) to require
employees in exempt settings be supervised by a licensed
psychologist and become licensed within five years of practice,
and makes technical and clarifying changes.
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) § 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
relationships," as specified. (BPC § 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
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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
licensed, as specified.
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 (BOP) at the time of
employment and identified in the setting as a "registered
psychologist." Those persons shall be exempt from
licensure requirements for a maximum period of 30 months
from the date of registration. (BPC § 2909)
4)Permits persons who are salaried employees of accredited or
approved academic institutions, public schools or governmental
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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
for a fee, monetary or otherwise.
e) Such persons do not provide direct health or mental
health services.
(BPC § 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) § 5751.2(a))
6)Permits the State Department of Health Care Services to exempt
individuals from licensing provisions if the persons are
employed or under contract to provide mental health services
as psychologists and are gaining the experience required for
licensure, as specified, and provides that the exemption may
not exceed five years from the date of employment by, or
contract with, a local mental health program. (WIC §
5751.2(d)).
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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 § 1277(b)(3))
This bill:
1) Strikes references to the payment of a fee, monetary or
otherwise, in the provision of psychological services for
specified individuals.
2) Deletes persons employed in a student counseling service from
provisions of law allowing activities of a psychological
nature or use of the official title of the position for which
they are employed, as specified, without a psychologist
license.
3) Allows unlicensed individuals, as specified, to conduct
research and disseminate their research findings and
scientific information in an unrestricted manner.
4) Allows an unlicensed individual practicing psychology to
provide direct health and mental health services, as
specified.
5) Requires, to qualify for exemptions to restrictions on the
practice of psychology by an unlicensed individual, a
salaried employee of an accredited or approved academic
institution, public school, or governmental agency to
primarily use their professional position to gain the
supervised professional experience required for licensure and
have a licensed psychologist as his or her primary
supervisor.
6) Allows an individual employed by or who becomes employed by
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an accredited or approved academic institution, public
school, or governmental agency to be exempt from provisions
of law that restrict the practice of psychology without a
license for a cumulative total of five years after January 1,
2016.
7) Strikes obsolete references to psychometrists.
8) Makes other technical and clarifying changes.
FISCAL
EFFECT: This measure has been keyed "fiscal" by Legislative
Counsel. According to the Assembly Appropriations analysis,
dated April 22, 2015:
1)The fiscal effect is likely negligible. The bill does not
substantially change processes or the magnitude of workload at
the BOP.
2)BOP states it does not know how many individuals are employed
to practice psychology in exempt facilities, and who would be
required to seek licensure to continue practicing under this
bill. However, if a small number of new licensees registered
or became licensed, any additional workload would be supported
by fee revenue. BOP is supported by fees paid by licensees
through the Psychology Fund.
COMMENTS:
1.Purpose. This bill is sponsored by the Board of Psychology .
According to the Author's office, this bill amends the [Law]
to require employees in exempt settings (salaried employees of
accredited or approved academic institutions, public schools,
or governmental agencies) to be supervised by a licensed
psychologist and become licensed within five years of
[practice].
2.Board of Psychology. The BOP serves the public by:
a) Protecting the health, safety, and welfare of consumers
of psychological services with integrity honesty, and
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efficiency.
b) Advocating the highest principles of professional
psychological practice.
c) Empowering the consumer through education on
licensee/registrant disciplinary actions and through
providing the best available information on current trends
in psychological service options.
This bill carries out the original intent of the Law by
clarifying and limiting exemptions to individuals practicing
psychology without a license.
According to the Author's office, those who provide
psychological services to vulnerable individuals in county
mental health departments and health care agencies,
universities, state hospitals, and prisons - all of which are
exempt settings - are currently able to practice indefinitely
without supervision, and may continue to practice even if they
take and fail the licensure exams. Only some exempt
employers, including the Department of Corrections and
University of California system, have policies requiring
employees to become licensed within a specified time.
AB 705 reconciles the Law with practice exemptions in WIC and
HSC and provides a grace period that will allow individuals
time to complete the required supervised professional
experience necessary and pass exams toward licensure.
3. Related Legislation. AB 773 (Baker) of 2015 makes technical
changes to the expiration date of a psychologist license.
( Status : This bill will be heard in the Senate Committee on
Business, Professions, and Economic Development Committee on
June 8, 2015.)
SB 479 (Bates) creates a Behavioral Analyst license to be
regulated by the BOP. ( Status : This bill will be heard in
the Senate Committee on Business, Professions, and Economic
Development Committee on June 8, 2015.)
AB 1374 (Levine) eliminates the requirement for a fee in the
practice of psychology, revises terms related to the practice
of psychology, amends the process by which an applicant
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submits a verification of experience to the BOP, and makes
technical and clarifying changes. ( Status : This bill will be
heard in the Senate Committee on Business, Professions, and
Economic Development Committee on June 8, 2015.)
4.Arguments in Support. The California Board of Psychology
writes, "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?. [BOP's]
mission is to advance quality psychological services for
Californians by ensuring ethical and legal practice and
supporting the evolution of the profession."
The California Psychological Association writes, "Currently,
individuals practicing psychology in settings described as
'exempt' in the Business and Professions Code, do not have to
be supervised by a licensed psychologist or working towards
licensure while seeing clients. However, Welfare and
Institutions Code and Health and Safety Code state that
individuals in exempt settings have five or three years,
respectively, to become licensed. Further, this bill aligns
standards to individuals working in non-exempt settings, such
as private clinics and hospitals, who are required to be
supervised by a licensed psychologist and accumulate hours
towards licensure from the onset. Without clarity in all code
sections, there is a concern that individuals in an exempt
setting might be able to practice indefinitely without
supervision even if they fail the licensure exams.
"CPA supports this bill as it strengthens consumer protection,
aligns current practice standards, and closes any previous
loopholes to practice."
5.Recommended Amendments.
a) Psychometry is no longer regulated in California, and
for consistency across other code sections, it is
recommended that references in this bill be stricken.
i) On page 4, line 31, strike "'psychologist,"
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"psychometry," and insert "or 'psychologist.'"
ii) On page 4, strike line 32.
b) Fee language is stricken in one portion of Section 1 of
this bill and in another BOP-sponsored bill, AB 1374
(Levine) of 2015, to remove the necessity of a fee from the
definition of the practice of psychology. For
consistency's sake, it should also be deleted elsewhere in
this bill:
i) On page 3, line 24, delete "They may also offer
lectures to the public for a fee,"
ii) On page 3, delete line 25.
iii) On page 4, delete lines 33 and 34.
c) It appears to be the Author's intent that all
individuals practicing in specified settings receive a five
year grace period to become licensed. However, the
existing language is permissive, indicating discretion by
the BOP. This can be made certain for those affected by
amending the following:
i) On page 5, line 3, delete "may" and insert "shall."
SUPPORT AND OPPOSITION:
Support:
The Board of Psychology (Sponsor)
California Psychological Association
Opposition:
None on file as of June 2, 2015
.
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