California Legislature—2015–16 Regular Session

Assembly BillNo. 1374


Introduced by Assembly Member Levine

February 27, 2015


An act to amend Section 2914 of the Business and Professions Code, relating to psychologists.

LEGISLATIVE COUNSEL’S DIGEST

AB 1374, as introduced, Levine. Psychologists: licensure: requirements.

The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. The law requires applicants for licensure to, among other things, engage in at least 2 years of supervised professional experience under the direction of a licensed psychologist and authorizes an applicant who obtains this experience in the United States to send verification of the experience directly to the board if the supervising psychologist fails to submit the verification within 30 days of receiving a request from the applicant, as specified. The law provides that a violation of any of its provisions is a misdemeanor.

This bill would instead require the supervisor to submit verification of the experience to the board and authorize an applicant who obtains the experience in the United States or Canada to send verification directly to the board as determined by the board if the supervisor fails to submit the verification. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 2914 of the Business and Professions
2Code
is amended to read:

3

2914.  

Each applicant for licensure shall comply with all of the
4following requirements:

5(a) Is not subject to denial of licensure under Divisionbegin delete 1.5.end deletebegin insert 1.5
6(commencing with Section 475).end insert

7(b) Possess an earned doctorate degree (1) in psychology, (2)
8in educational psychology, or (3) in education with the field of
9specialization in counseling psychology or educational psychology.
10Except as provided in subdivision (g), this degree or training shall
11be obtained from an accredited university, college, or professional
12school. The board shall make the final determination as to whether
13a degree meets the requirements of this section.

14No educational institution shall be denied recognition as an
15accredited academic institution solely because its program is not
16accredited by any professional organization of psychologists, and
17nothing in this chapter or in the administration of this chapter shall
18require the registration with the board by educational institutions
19of their departments of psychology or their doctoral programs in
20psychology.

21An applicant for licensure trained in an educational institution
22outside the United States or Canada shall demonstrate to the
23satisfaction of the board that he or she possesses a doctorate degree
24in psychology that is equivalent to a degree earned from a
25regionally accredited university in the United States or Canada.
26These applicants shall provide the board with a comprehensive
27evaluation of the degree performed by a foreign credential
28evaluation service that is a member of the National Association
29of Credential Evaluation Services (NACES), and any other
30documentation the board deems necessary.

31(c) Have engaged for at least two years in supervised
32professional experience under the direction of a licensed
33psychologist, the specific requirements of which shall be defined
P3    1by the board in its regulations, or under suitable alternative
2supervision as determined by the board in regulations duly adopted
3under this chapter, at least one year of which shall be after being
4awarded the doctorate in psychology. begin deleteIf the supervising licensed
5psychologist fails to provide verification to the board of the
6experience required by this subdivision within 30 days after being
7so requested by the applicant, the applicant may provide written
8verification directly to the board.end delete
begin insert The supervisor shall submit
9verification of the experience required by this subdivision to the
10board as prescribed by the board. If the supervisor fails to submit
11verification of experience to the board, the applicant may submit
12verification directly to the board as determined by the board.end insert

begin delete

13If the applicant sends verification directly to the board, the
14applicant shall file with the board a declaration of proof of service,
15under penalty of perjury, of the request for verification. A copy of
16the completed verification forms shall be provided to the
17supervising psychologist and the applicant shall prove to the board
18that a copy has been sent to the supervising psychologist by filing
19a declaration of proof of service under penalty of perjury, and shall
20file this declaration with the board when the verification forms are
21submitted.

end delete
begin delete

22Upon receipt by the board of the applicant’s verification and
23declarations, a rebuttable presumption affecting the burden of
24producing evidence is created that the supervised, professional
25experience requirements of this subdivision have been satisfied.
26The supervising psychologist shall have 20 days from the day the
27board receives the verification and declaration to file a rebuttal
28with the board.

end delete

29The authority provided by this subdivision for an applicant to
30file written verification directly shall apply only to an applicant
31who has acquired the experience required by this subdivision in
32the Unitedbegin delete States.end deletebegin insert States or Canada.end insert

33The board shall establish qualifications by regulation for
34supervising psychologists and shall review and approve applicants
35begin delete for this positionend delete on a case-by-case basis.

36(d) Take and pass the examination required by Section 2941
37unless otherwise exempted by the board under this chapter.

38(e) Show by evidence satisfactory to the board that he or she
39has completed training in the detection and treatment of alcohol
P4    1and other chemical substance dependency. This requirement applies
2only to applicants who matriculate on or after September 1, 1985.

3(f) (1) Show by evidence satisfactory to the board that he or
4she has completed coursework in spousal or partner abuse
5assessment, detection, and intervention. This requirement applies
6to applicants who began graduate training during the period
7commencing on January 1, 1995, and ending on December 31,
82003.

9(2) An applicant who began graduate training on or after January
101, 2004, shall show by evidence satisfactory to the board that he
11or she has completed a minimum of 15 contact hours of coursework
12in spousal or partner abuse assessment, detection, and intervention
13strategies, including knowledge of community resources, cultural
14factors, and same gender abuse dynamics. An applicant may request
15an exemption from this requirement if he or she intends to practice
16in an area that does not include the direct provision of mental health
17services.

18(3) Coursework required under this subdivision may be
19satisfactory if taken either in fulfillment of other educational
20requirements for licensure or in a separate course. This requirement
21for coursework shall be satisfied by, and the board shall accept in
22satisfaction of the requirement, a certification from the chief
23academic officer of the educational institution from which the
24applicant graduated that the required coursework is included within
25the institution’s required curriculum for graduation.

26(g) An applicant holding a doctoral degree in psychology from
27an approved institution is deemed to meet the requirements of this
28section if all of the following are true:

29(1) The approved institution offered a doctoral degree in
30psychology designed to prepare students for a license to practice
31psychology and was approved by the Bureau for Private
32Postsecondary and Vocational Education on or before July 1, 1999.

33(2) The approved institution has not, since July 1, 1999, had a
34new location, as described in Section 94721 of the Education Code.

35(3) The approved institution is not a franchise institution, as
36defined in Section 94729.3 of the Education Code.

37

SEC. 2.  

No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P5    1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.



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