BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 705| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 705 Author: Eggman (D) Amended: 6/11/15 in Senate Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/8/15 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote SUBJECT: Psychologists: licensure exemption SOURCE: California Board of Psychology DIGEST: This bill 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. ANALYSIS: 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, AB 705 Page 2 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 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 AB 705 Page 3 experience if they are employed by nonprofit community agencies that receive a minimum of 25% 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 California 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 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)) AB 705 Page 4 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)). 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) § 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)Strikes reference to the allowance to offer lectures to the public for a fee without being licensed for persons who are employed in positions as psychologists or psychological assistants by specified entities. 3)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. 4)Allows unlicensed individuals, as specified, to conduct research and disseminate their research findings and scientific information in an unrestricted manner. AB 705 Page 5 5)Allows an unlicensed individual practicing psychology to provide direct health and mental health services, as specified. 6)Requires that 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. 7)Specifies that an individual employed by or who becomes employed by an accredited or approved academic institution, public school, or governmental agency shall 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. 8)Strikes obsolete references to psychometrists. 9)Makes other technical and clarifying changes. Comments Purpose. This bill is sponsored by the California 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. California Board of Psychology. The BOP serves the public by: 1)Protecting the health, safety, and welfare of consumers of psychological services with integrity honesty, and efficiency. 2)Advocating the highest principles of professional psychological practice. 3)Empowering the consumer through education on AB 705 Page 6 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified7/1/15) California Board of Psychology (source) California Psychological Association OPPOSITION: (Verified7/1/15) None received ARGUMENTS IN SUPPORT: The California Board of Psychology writes, "This bill will enhance consumer protection of AB 705 Page 7 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 (CPA) 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." ASSEMBLY FLOOR: 77-0, 4/30/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, AB 705 Page 8 Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Campos, Chávez, Gomez Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104 7/1/15 16:37:17 **** END ****