BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 705|
          |Office of Senate Floor Analyses   |                              |
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                                      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,  








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            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  








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               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))









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          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. 









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          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  








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            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  








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          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,  








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            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


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