Amended in Senate June 1, 2015

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 amend Sections 2903, 2909, 2910, 2913, and 2914 of the Business and Professions Code,begin insert and to amend Section 1010 of the Evidence Code,end insert relating to psychologists.

LEGISLATIVE COUNSEL’S DIGEST

AB 1374, as amended, Levine. Psychologists: licensure.

The Psychology Licensing Law provides for the licensure and regulation of psychologists by the Board of Psychology. 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 unlicensedbegin delete personsend deletebegin insert persons, including credentialed psychometrists,end insert 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. 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.begin insert The law requires the board to establish qualifications by regulation for supervising psychologists and to review and approve applicants on a case-by-case basis.end insert The law provides that a violation of any of its provisions is a misdemeanor.

This 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.begin insert The bill would eliminate that authorization for credentialed psychometrists.end insert 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. The bill would instead require the supervisor to submit verification of the experience to thebegin delete 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.end deletebegin insert trainee in a manner prescribed by the boardend insertbegin insert, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervisor fails to provide that verification. The bill would make that failure, absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants on a case-by-case basis. The bill would also make technical and conforming changes.end insert 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 2903 of the Business and Professions
2Code
is amended to read:

3

2903.  

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
P3    1chapter. The practice of psychology is defined as rendering or
2offering to render to individuals, groups, organizations, or the
3public any psychological service involving the application of
4psychological principles, methods, and procedures of
5understanding, predicting, and influencing behavior, such as the
6principles pertaining to learning, perception, motivation, emotions,
7and interpersonal relationships; and the methods and procedures
8of interviewing, counseling, psychotherapy, behavior modification,
9and hypnosis; and of constructing, administering, and interpreting
10tests of mental abilities, aptitudes, interests, attitudes, personality
11characteristics, emotions, and motivations.

12The application of these principles and methods includes, but is
13not restricted to: assessment, diagnosis, prevention, treatment, and
14intervention in order to increase effective functioning of
15individuals, groups, and organizations.

16Psychotherapy within the meaning of this chapter means the use
17of psychological methods in a professional relationship to assist
18a person or persons to acquire greater human effectiveness or to
19modify feelings, conditions,begin delete attitudesend deletebegin insert attitudes,end insert andbegin delete behaviorend delete
20begin insert behaviorsend insert which are emotionally, intellectually, or socially
21ineffectual or maladaptive.

22

SEC. 2.  

Section 2909 of the Business and Professions Code is
23amended to read:

24

2909.  

This chapter shall not be construed as restricting or
25preventing activities of a psychological nature or the use of the
26official title of the position for which they were employed on the
27part of the following persons, provided those persons are
28performing those activities as part of the duties for which they
29were employed, are performing those activities solely within the
30confines of or under the jurisdiction of the organization in which
31they arebegin delete employedend deletebegin insert employed,end insert and do not offer to render or render
32 psychological services as defined in Section 2903 to the public:

33(a) Persons who hold a valid and current credential as a school
34psychologist issued by thebegin delete State Department of Education.end delete
35begin insert Commission on Teacher Credentialing.end insert

begin delete

36(b) Persons who hold a valid and current credential as a
37psychometrist issued by the State Department of Education.

end delete
begin delete

38(c)

end delete

39begin insert(b)end insert Persons who are employed in positions as psychologists or
40psychological assistants, or in a student counseling service, by
P4    1accredited or approved colleges,begin delete juniorend deletebegin insert communityend insert colleges, or
2universities; federal, state, county, or municipal governmental
3organizations that are not primarily involved in the provision of
4direct health or mental health services. However, those persons
5may, without obtaining a license under this act, consult or
6disseminate their research findings and scientific information to
7other such accredited or approved academic institutions or
8governmental agencies. They may also offer lectures to the public
9without being licensed under this chapter.

begin delete

10(d)

end delete

11begin insert(c)end insert Persons who meet the educational requirements of
12subdivision (b) of Section 2914 and who have one year or more
13of the supervised professional experience referenced in subdivision
14(c) of Section 2914, if they are employed by nonprofit community
15agencies that receive a minimum of 25 percent of their financial
16support from any federal, state, county, or municipal governmental
17organizations for the purpose of training and providing services.
18Those persons shall be registered by the agency with the board at
19the time of employment and shall be identified in the setting as a
20“registered psychologist.” Those persons shall be exempt from
21this chapter for a maximum period of 30 months from the date of
22registration.

23

SEC. 3.  

Section 2910 of the Business and Professions Code is
24amended to read:

25

2910.  

This chapter shall not be construed to restrict or prevent
26activities of a psychological nature on the part of persons who are
27salaried employees of accredited or approved academic institutions,
28public schools, or governmental agencies, provided:

29(a) Such employees are performing such psychological activities
30as part of the duties for which they were hired.

31(b) Such employees are performing those activities solely within
32the jurisdiction or confines of such organizations.

33(c) Such persons do not hold themselves out to the public by
34any title or description of activities incorporating the words
35“psychology,” “psychological,” “psychologist,” “psychometry,”
36 “psychometrics,” or “psychometrist.”

37(d) Such persons do not provide direct health or mental health
38 services.

39

SEC. 4.  

Section 2913 of the Business and Professions Code is
40amended to read:

P5    1

2913.  

A person other than a licensed psychologist may be
2employed by a licensed psychologist, by a licensed physician and
3surgeon who is board certified in psychiatry by the American Board
4of Psychiatry and Neurology, by a clinic that provides mental
5health services under contract pursuant to Section 5614 of the
6Welfare and Institutions Code, by a psychological corporation, by
7a licensed psychology clinic as defined in Section 1204.1 of the
8Health and Safety Code, or by a medical corporation to perform
9limited psychological functions provided that all of the following
10apply:

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

12(b) The person (1) has completed a master’s degree in
13psychology or education with the field of specialization in
14psychology or counseling psychology, or (2) has been admitted to
15candidacy for a doctoral degree in psychology or education with
16the field of specialization in psychology or counseling psychology,
17after having satisfactorily completed three or more years of
18postgraduate education in psychology and having passed
19preliminary doctoral examinations, or (3) has completed a doctoral
20degree that qualifies for licensure under Section 2914, in an
21accredited or approved university, college, or professional school
22located in the United States or Canada.

23(c) The person is at all times under the immediate supervision,
24as defined in regulations adopted by the board, of a licensed
25psychologist, or board certified psychiatrist, who shall be
26responsible for insuring that the extent, kind, and quality of the
27psychological services he or she performs are consistent with his
28or her training and experience and be responsible for his or her
29compliance with this chapter and regulations duly adopted
30hereunder, including those provisions set forth in Section 2960.

31(d) The licensed psychologist, board certified psychiatrist,
32contract clinic, psychological corporation, or medical corporation,
33has registered the psychological assistant with the board. The
34registration shall be renewed annually in accordance with
35regulations adopted by the board.

36No licensed psychologist may register, employ, or supervise
37more than three psychological assistants at any given time unless
38specifically authorized to do so by the board. No board certified
39psychiatrist may register, employ, or supervise more than one
40psychological assistant at any given time. No contract clinic,
P6    1psychological corporation, or medical corporation may employ
2more than 10 assistants at any one time. No contract clinic may
3register, employ, or provide supervision for more than one
4psychological assistant for each designated full-time staff
5psychiatrist who is qualified and supervises the psychological
6assistants. No psychological assistant may provide psychological
7services to the public except as an employee of a licensed
8psychologist, licensed physician, contract clinic, psychological
9corporation, or medical corporation.

10(e) The psychological assistant shall comply with regulations
11that the board may, from time to time, duly adopt relating to the
12fulfillment of requirements in continuing education.

13(f) No person shall practice as a psychological assistant who is
14found by the board to be in violation of Section 2960 and the rules
15and regulations duly adopted thereunder.

16

SEC. 5.  

Section 2914 of the Business and Professions Code is
17amended to read:

18

2914.  

Each applicant for licensure shall comply with all of the
19following requirements:

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

22(b) Possess an earned doctorate degree (1) in psychology, (2)
23in educational psychology, or (3) in education with the field of
24specialization in counseling psychology or educational psychology.
25Except as provided in subdivision (g), this degree or training shall
26be obtained from an accredited university, college, or professional
27school. The board shall make the final determination as to whether
28a degree meets the requirements of this section.

29No educational institution shall be denied recognition as an
30accredited academic institution solely because its program is not
31accredited by any professional organization of psychologists, and
32nothing in this chapter or in the administration of this chapter shall
33require the registration with the board by educational institutions
34of their departments of psychology or their doctoral programs in
35psychology.

36An applicant for licensure trained in an educational institution
37outside the United States or Canada shall demonstrate to the
38satisfaction of the board that he or she possesses a doctorate degree
39in psychology that is equivalent to a degree earned from a
40regionally accredited university in the United States or Canada.
P7    1These applicants shall provide the board with a comprehensive
2evaluation of the degree performed by a foreign credential
3evaluation service that is a member of the National Association
4of Credential Evaluation Services (NACES), and any other
5documentation the board deems necessary.

6(c) Have engaged for at least two years in supervised
7professional experience under the direction of a licensed
8psychologist, the specific requirements of which shall be defined
9by the board in its regulations, or under suitable alternative
10supervision as determined by the board in regulations duly adopted
11under this chapter, at least one year of which shall be after being
12awarded the doctorate in psychology. The supervisor shall submit
13verification of the experience required by this subdivision to the
14begin delete board asend deletebegin insert trainee in a mannerend insert prescribed by the board. If the
15begin delete supervisor fails to submit verification of experience to the board,
16the applicant may submit verification directly to the board as
17determined by the board.end delete
begin insert supervising licensed psychologist fails
18to provide verification to the trainee in a timely manner, the board
19may establish alternative procedures for obtaining the necessary
20documentation. Absent good cause, the failure of a supervising
21licensed psychologist to provide the verification to the board upon
22request shall constitute unprofessional conduct.end insert

begin delete

23The authority provided by this subdivision for an applicant to
24file written verification directly shall apply only to an applicant
25who has acquired the experience required by this subdivision in
26the United States or Canada.

end delete

27The board shall establish qualifications by regulation for
28supervisingbegin delete psychologists and shall review and approve applicants
29on a case-by-case basis.end delete
begin insert psychologists.end insert

30(d) Take and pass the examination required by Section 2941
31unless otherwise exempted by the board under this chapter.

32(e) Show by evidence satisfactory to the board that he or she
33has completed training in the detection and treatment of alcohol
34and other chemical substance dependency. This requirement applies
35only to applicants who matriculate on or after September 1, 1985.

36(f) (1) Show by evidence satisfactory to the board that he or
37she has completed coursework in spousal or partner abuse
38assessment, detection, and intervention. This requirement applies
39to applicants who began graduate training during the period
P8    1commencing on January 1, 1995, and ending on December 31,
22003.

3(2) An applicant who began graduate training on or after January
41, 2004, shall show by evidence satisfactory to the board that he
5or she has completed a minimum of 15 contact hours of coursework
6in spousal or partner abuse assessment, detection, and intervention
7strategies, including knowledge of community resources, cultural
8factors, and same gender abuse dynamics. An applicant may request
9an exemption from this requirement if he or she intends to practice
10in an area that does not include the direct provision of mental health
11services.

12(3) Coursework required under this subdivision may be
13satisfactory if taken either in fulfillment of other educational
14requirements for licensure or in a separate course. This requirement
15for coursework shall be satisfied by, and the board shall accept in
16satisfaction of the requirement, a certification from the chief
17academic officer of the educational institution from which the
18applicant graduated that the required coursework is included within
19the institution’s required curriculum for graduation.

20(g) An applicant holding a doctoral degree in psychology from
21an approved institution is deemed to meet the requirements of this
22section if all of the following are true:

23(1) The approved institution offered a doctoral degree in
24psychology designed to prepare students for a license to practice
25psychology and was approved by the Bureau for Private
26Postsecondary and Vocational Education on or before July 1, 1999.

27(2) The approved institution has not, since July 1, 1999, had a
28new location, as described in Section 94721 of the Education Code.

29(3) The approved institution is not a franchise institution, as
30defined in Section 94729.3 of the Education Code.

31begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1010 of the end insertbegin insertEvidence Codeend insertbegin insert is amended to read:end insert

32

1010.  

As used in this article, “psychotherapist” means a person
33who is, or is reasonably believed by the patient to be:

34(a) A person authorized to practice medicine in any state or
35nation who devotes, or is reasonably believed by the patient to
36devote, a substantial portion of his or her time to the practice of
37psychiatry.

38(b) A person licensed as a psychologist under Chapter 6.6
39(commencing with Section 2900) of Division 2 of the Business
40and Professions Code.

P9    1(c) A person licensed as a clinical social worker under Article
24 (commencing with Section 4996) of Chapter 14 of Division 2
3of the Business and Professions Code, when he or she is engaged
4in applied psychotherapy of a nonmedical nature.

5(d) A person who is serving as a school psychologist and holds
6a credential authorizing that service issued by the state.

7(e) A person licensed as a marriage and family therapist under
8Chapter 13 (commencing with Section 4980) of Division 2 of the
9Business and Professions Code.

10(f) A person registered as a psychological assistant who is under
11the supervision of a licensed psychologist or board certified
12psychiatrist as required by Section 2913 of the Business and
13Professions Code, or a person registered as a marriage and family
14therapist intern who is under the supervision of a licensed marriage
15and family therapist, a licensed clinical social worker, a licensed
16psychologist, or a licensed physician and surgeon certified in
17psychiatry, as specified in Section 4980.44 of the Business and
18Professions Code.

19(g) A person registered as an associate clinical social worker
20who is under supervision as specified in Section 4996.23 of the
21Business and Professions Code.

22(h) A person exempt from the Psychology Licensing Law
23pursuant to subdivisionbegin delete (d)end deletebegin insert (c)end insert of Section 2909 of the Business
24and Professions Code who is under the supervision of a licensed
25psychologist or board certified psychiatrist.

26(i) A psychological intern as defined in Section 2911 of the
27Business and Professions Code who is under the supervision of a
28licensed psychologist or board certified psychiatrist.

29(j) A trainee, as defined in subdivision (c) of Section 4980.03
30of the Business and Professions Code, who is fulfilling his or her
31supervised practicum required by subparagraph (B) of paragraph
32(1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of
33Section 4980.37 of, the Business and Professions Code and is
34supervised by a licensed psychologist, a board certified psychiatrist,
35a licensed clinical social worker, a licensed marriage and family
36therapist, or a licensed professional clinical counselor.

37(k) A person licensed as a registered nurse pursuant to Chapter
386 (commencing with Section 2700) of Division 2 of the Business
39and Professions Code, who possesses a master’s degree in
40psychiatric-mental health nursing and is listed as a
P10   1psychiatric-mental health nurse by the Board of Registered
2Nursing.

3(l) An advanced practice registered nurse who is certified as a
4clinical nurse specialist pursuant to Article 9 (commencing with
5Section 2838) of Chapter 6 of Division 2 of the Business and
6Professions Code and who participates in expert clinical practice
7in the specialty of psychiatric-mental health nursing.

8(m) A person rendering mental health treatment or counseling
9services as authorized pursuant to Section 6924 of the Family
10Code.

11(n) A person licensed as a professional clinical counselor under
12Chapter 16 (commencing with Section 4999.10) of Division 2 of
13the Business and Professions Code.

14(o) A person registered as a clinical counselor intern who is
15under the supervision of a licensed professional clinical counselor,
16a licensed marriage and family therapist, a licensed clinical social
17worker, a licensed psychologist, or a licensed physician and
18surgeon certified in psychiatry, as specified in Sections 4999.42
19to 4999.46, inclusive, of the Business and Professions Code.

20(p) A clinical counselor trainee, as defined in subdivision (g)
21of Section 4999.12 of the Business and Professions Code, who is
22fulfilling his or her supervised practicum required by paragraph
23(3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of
24subdivision (c) of Section 4999.33 of, the Business and Professions
25Code, and is supervised by a licensed psychologist, a
26board-certified psychiatrist, a licensed clinical social worker, a
27licensed marriage and family therapist, or a licensed professional
28clinical counselor.

29

begin deleteSEC. 6.end delete
30begin insertSEC. 7.end insert  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



O

    97