Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1374

Introduced by Assembly Member Levine

February 27, 2015

An act to amendbegin delete Sectionend deletebegin insert Sections 2903, 2909, 2910, 2913, andend insert 2914 of the Business and Professions Code, relating to psychologists.


AB 1374, as amended, Levine. Psychologists:begin delete licensure: requirements.end deletebegin insert licensure.end insert

The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology.begin insert The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, and authorizes unlicensed persons who meet certain requirements and do not provide psychological services for a fee to perform limited psychological functions or activities of a psychological nature, as specified.end insert 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.

Thisbegin insert bill would expand the definition of the practice of psychology, and narrow the above-described authorization for specified unlicensed persons to provide psychological services, by removing references to a fee. The bill would specify that the application of psychological principles and methods instead includes assessment, diagnosis, prevention, treatment, and intervention in order to increase effective functioning. Theend insert 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    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2903 of the end insertbegin insertBusiness and Professions
end insert
begin insert is amended to read:end insert



No person may engage in the practice of psychology, or
4represent himself or herself to be a psychologist, without a license
5granted under this chapter, except as otherwise provided in this
6chapter. The practice of psychology is defined as rendering or
7offering to renderbegin delete for a feeend delete to individuals, groups,begin delete organizationsend delete
8begin insert organizations,end insert or the public any psychological service involving
9the application of psychological principles, methods, and
10procedures of understanding, predicting, and influencing behavior,
11such as the principles pertaining to learning, perception, motivation,
12emotions, and interpersonal relationships; and the methods and
13procedures of interviewing, counseling, psychotherapy, behavior
14modification, and hypnosis; and of constructing, administering,
15and interpreting tests of mental abilities, aptitudes, interests,
16attitudes, personality characteristics, emotions, and motivations.

17The application of these principles and methods includes, but is
18not restricted to:begin insert assessment,end insert diagnosis, prevention, treatment, and
P3    1begin delete amelioration of psychological problems and emotional and mental
2disorders of individuals and groups.end delete
begin insert intervention in order to
3increase effective functioning of individuals, groups, and
4organizations.end insert

5Psychotherapy within the meaning of this chapter means the use
6of psychological methods in a professional relationship to assist
7a person or persons to acquire greater human effectiveness or to
8modify feelings, conditions, attitudes and behavior which are
9emotionally, intellectually, or socially ineffectual orbegin delete maladjustive.end delete
10begin insert maladaptive.end insert

begin delete

11As used in this chapter, “fee” means any charge, monetary or
12otherwise, whether paid directly or paid on a prepaid or capitation
13basis by a third party, or a charge assessed by a facility, for services

end delete
15begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2909 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
16amended to read:end insert



begin deleteNothing in this end deletebegin insertThis end insertchapter shallbegin insert notend insert be construed as
18restricting or preventing activities of a psychological nature or the
19use of the official title of the position for which they were
20employed on the part of the following persons, provided those
21persons are performing those activities as part of the duties for
22which they were employed, are performing those activities solely
23within the confines of or under the jurisdiction of the organization
24in which they are employed and do not offer to render or render
25 psychological services as defined in Section 2903 to thebegin delete public for
26a fee, monetary or otherwise, over and above the salary they receive
27for the performance of their official duties with the organization
28in which they are employed:end delete
begin insert public:end insert

29(a) Persons who hold a valid and current credential as a school
30psychologist issued by thebegin delete Californiaend deletebegin insert Stateend insert Department of

32(b) Persons who hold a valid and current credential as a
33psychometrist issued by thebegin delete Californiaend deletebegin insert Stateend insert Department of

35(c) Personsbegin insert who areend insert employed in positions as psychologists or
36psychological assistants, or in a student counseling service, by
37accredited or approved colleges, juniorbegin delete collegesend deletebegin insert colleges,end insert or
38universities; federal, state,begin delete countyend deletebegin insert county,end insert or municipal
39governmental organizationsbegin delete whichend deletebegin insert thatend insert are not primarily involved
40in the provision of direct health or mental health services. However,
P4    1those persons may, without obtaining a license under this act,
2consult or disseminate their research findings and scientific
3information to other such accredited or approved academic
4institutions or governmental agencies. They may also offer lectures
5to the publicbegin delete for a fee, monetary or otherwise,end delete without being
6licensed under this chapter.

7(d) Persons who meet the educational requirements of
8subdivision (b) of Section 2914 and who have one year or more
9of the supervised professional experience referenced in subdivision
10(c) of Section 2914, if they are employed by nonprofit community
11agencies that receive a minimum of 25 percent of their financial
12support from any federal, state, county, or municipal governmental
13organizations for the purpose of training and providing services.
14Those persons shall be registered by the agency with the board at
15the time of employment and shall be identified in the setting as a
16“registered psychologist.” Those persons shall be exempt from
17this chapter for a maximum period of 30 months from the date of

19begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2910 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
20amended to read:end insert



begin deleteNothing in this end deletebegin insertThis end insertchapter shallbegin insert notend insert be construed to
22restrict or prevent activities of a psychological nature on the part
23of persons who are salaried employees of accredited or approved
24academic institutions, publicbegin delete schoolsend deletebegin insert schools,end insert or governmental
25agencies, provided:

26(a) Such employees are performing such psychological activities
27as part of the duties for which they werebegin delete hired;end deletebegin insert hired.end insert

28(b) Such employees are performing those activities solely within
29the jurisdiction or confines of suchbegin delete organizations;end deletebegin insert organizations.end insert

30(c) Such persons do not hold themselves out to the public by
31any title or description of activities incorporating the words
32“psychology,” “psychological,” “psychologist,” “psychometry,”
33begin delete “psychometrics”end deletebegin insert “psychometrics,end insertbegin insertend insert orbegin delete “psychometrist”;end delete
34begin insert “psychometrist.end insertbegin insertend insert

begin delete

35(d) Such persons do not offer their services to the public for a
36fee, monetary or otherwise;

end delete
begin delete


end delete

38begin insert(d)end insert Such persons do not provide direct health or mental health
39 services.

P5    1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2913 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
2amended to read:end insert



A person other than a licensed psychologist may be
4employed by a licensed psychologist, by a licensed physician and
5surgeon who is board certified in psychiatry by the American Board
6of Psychiatry and Neurology, by a clinicbegin delete whichend deletebegin insert thatend insert provides
7mental health services under contract pursuant to Section 5614 of
8the Welfare and Institutions Code, by a psychological corporation,
9by a licensed psychology clinic as defined in Section 1204.1 of
10the Health and Safety Code, or by a medical corporation to perform
11limited psychological functions provided that all of the following

13(a) The person is termed a “psychological assistant.”

14(b) The person (1) has completed a master’s degree in
15psychology or education with the field of specialization in
16psychology or counseling psychology, or (2) has been admitted to
17candidacy for a doctoral degree in psychology or education with
18the field of specialization in psychology or counseling psychology,
19after having satisfactorily completed three or more years of
20postgraduate education in psychology and having passed
21preliminary doctoral examinations, or (3) has completed a doctoral
22degreebegin delete whichend deletebegin insert thatend insert qualifies for licensure under Section 2914, in
23an accredited or approved university, college, or professional
24school located in the United States or Canada.

25(c) The person is at all times under the immediate supervision,
26as defined in regulations adopted by the board, of a licensed
27psychologist, or board certified psychiatrist, who shall be
28responsible for insuring that the extent, kind, and quality of the
29psychological services he or she performs are consistent with his
30or her training and experience and be responsible for his or her
31compliance with this chapter and regulations duly adopted
32hereunder, including those provisions set forth in Section 2960.

33(d) The licensed psychologist, board certified psychiatrist,
34contract clinic, psychological corporation, or medical corporation,
35has registered the psychological assistant with the board. The
36registration shall be renewed annually in accordance with
37regulations adopted by the board.

38No licensed psychologist may register, employ, or supervise
39more than three psychological assistants at any given time unless
40specifically authorized to do so by the board. No board certified
P6    1psychiatrist may register, employ, or supervise more than one
2psychological assistant at any given time. No contract clinic,
3psychological corporation, or medical corporation may employ
4more than 10 assistants at any one time. No contract clinic may
5register, employ, or provide supervision for more than one
6psychological assistant for each designated full-time staff
7psychiatrist who is qualified and supervises the psychological
8assistants. No psychological assistant may provide psychological
9services to the publicbegin delete for a fee, monetary or otherwise,end delete except as
10an employee of a licensed psychologist, licensed physician, contract
11clinic, psychological corporation, or medical corporation.

12(e) The psychological assistant shall comply with regulations
13that the board may, from time to time, duly adopt relating to the
14fulfillment of requirements in continuing education.

15(f) No person shall practice as a psychological assistant who is
16found by the board to be in violation of Section 2960 and the rules
17and regulations duly adopted thereunder.


begin deleteSECTION 1.end delete
19begin insertSEC. 5.end insert  

Section 2914 of the Business and Professions Code is
20amended to read:



Each applicant for licensure shall comply with all of the
22following requirements:

23(a) Is not subject to denial of licensure under Division 1.5
24(commencing with Section 475).

25(b) Possess an earned doctorate degree (1) in psychology, (2)
26in educational psychology, or (3) in education with the field of
27specialization in counseling psychology or educational psychology.
28Except as provided in subdivision (g), this degree or training shall
29be obtained from an accredited university, college, or professional
30school. The board shall make the final determination as to whether
31a degree meets the requirements of this section.

32No educational institution shall be denied recognition as an
33accredited academic institution solely because its program is not
34accredited by any professional organization of psychologists, and
35nothing in this chapter or in the administration of this chapter shall
36require the registration with the board by educational institutions
37of their departments of psychology or their doctoral programs in

39An applicant for licensure trained in an educational institution
40outside the United States or Canada shall demonstrate to the
P7    1satisfaction of the board that he or she possesses a doctorate degree
2in psychology that is equivalent to a degree earned from a
3regionally accredited university in the United States or Canada.
4These applicants shall provide the board with a comprehensive
5evaluation of the degree performed by a foreign credential
6evaluation service that is a member of the National Association
7of Credential Evaluation Services (NACES), and any other
8documentation the board deems necessary.

9(c) Have engaged for at least two years in supervised
10professional experience under the direction of a licensed
11psychologist, the specific requirements of which shall be defined
12by the board in its regulations, or under suitable alternative
13supervision as determined by the board in regulations duly adopted
14under this chapter, at least one year of which shall be after being
15awarded the doctorate in psychology. The supervisor shall submit
16verification of the experience required by this subdivision to the
17board as prescribed by the board. If the supervisor fails to submit
18verification of experience to the board, the applicant may submit
19verification directly to the board as determined by the board.

20The authority provided by this subdivision for an applicant to
21file written verification directly shall apply only to an applicant
22who has acquired the experience required by this subdivision in
23the United States or Canada.

24The board shall establish qualifications by regulation for
25supervising psychologists and shall review and approve applicants
26on a case-by-case basis.

27(d) Take and pass the examination required by Section 2941
28unless otherwise exempted by the board under this chapter.

29(e) Show by evidence satisfactory to the board that he or she
30has completed training in the detection and treatment of alcohol
31and other chemical substance dependency. This requirement applies
32only to applicants who matriculate on or after September 1, 1985.

33(f) (1) Show by evidence satisfactory to the board that he or
34she has completed coursework in spousal or partner abuse
35assessment, detection, and intervention. This requirement applies
36to applicants who began graduate training during the period
37commencing on January 1, 1995, and ending on December 31,

39(2) An applicant who began graduate training on or after January
401, 2004, shall show by evidence satisfactory to the board that he
P8    1or she has completed a minimum of 15 contact hours of coursework
2in spousal or partner abuse assessment, detection, and intervention
3strategies, including knowledge of community resources, cultural
4factors, and same gender abuse dynamics. An applicant may request
5an exemption from this requirement if he or she intends to practice
6in an area that does not include the direct provision of mental health

8(3) Coursework required under this subdivision may be
9satisfactory if taken either in fulfillment of other educational
10requirements for licensure or in a separate course. This requirement
11for coursework shall be satisfied by, and the board shall accept in
12satisfaction of the requirement, a certification from the chief
13academic officer of the educational institution from which the
14applicant graduated that the required coursework is included within
15the institution’s required curriculum for graduation.

16(g) An applicant holding a doctoral degree in psychology from
17an approved institution is deemed to meet the requirements of this
18section if all of the following are true:

19(1) The approved institution offered a doctoral degree in
20psychology designed to prepare students for a license to practice
21psychology and was approved by the Bureau for Private
22Postsecondary and Vocational Education on or before July 1, 1999.

23(2) The approved institution has not, since July 1, 1999, had a
24new location, as described in Section 94721 of the Education Code.

25(3) The approved institution is not a franchise institution, as
26defined in Section 94729.3 of the Education Code.


begin deleteSEC. 2.end delete
28begin insertSEC. 6.end insert  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California