BILL NUMBER: AB 1374 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
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, and to amend Section 1010 of the
Evidence Code, 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 unlicensed persons
persons, including credentialed psychometrists,
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. 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. 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. The bill would eliminate that
authorization for credentialed psychometrists. 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 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. trainee
in a manner prescribed by the board , 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. 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:
SECTION 1. Section 2903 of the Business and Professions Code is
amended to read:
2903. No person may engage in the practice of psychology, or
represent himself or herself to be a psychologist, without a license
granted under this chapter, except as otherwise provided in this
chapter. The practice of psychology is defined as rendering or
offering to render to individuals, groups, organizations, or the
public any psychological service involving the application of
psychological principles, methods, and procedures of understanding,
predicting, and influencing behavior, such as the principles
pertaining to learning, perception, motivation, emotions, and
interpersonal relationships; and the methods and procedures of
interviewing, counseling, psychotherapy, behavior modification, and
hypnosis; and of constructing, administering, and interpreting tests
of mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, and motivations.
The application of these principles and methods includes, but is
not restricted to: assessment, diagnosis, prevention, treatment, and
intervention in order to increase effective functioning of
individuals, groups, and organizations.
Psychotherapy within the meaning of this chapter means the use of
psychological methods in a professional relationship to assist a
person or persons to acquire greater human effectiveness or to modify
feelings, conditions, attitudes attitudes,
and behavior behaviors which are
emotionally, intellectually, or socially ineffectual or maladaptive.
SEC. 2. Section 2909 of the Business and Professions Code is
amended to read:
2909. This chapter shall not be construed as restricting or
preventing activities of a psychological nature or the use of the
official title of the position for which they were employed on the
part of the following persons, provided those persons are performing
those activities as part of the duties for which they were employed,
are performing those activities solely within the confines of or
under the jurisdiction of the organization in which they are
employed employed, and do not offer to render
or render psychological services as defined in Section 2903 to the
public:
(a) Persons who hold a valid and current credential as a school
psychologist issued by the State Department of Education.
Commission on Teacher Credentialing.
(b) Persons who hold a valid and current credential as a
psychometrist issued by the State Department of Education.
(c)
(b) Persons who are employed in positions as
psychologists or psychological assistants, or in a student counseling
service, by accredited or approved colleges, junior
community colleges, or universities; federal,
state, county, or municipal governmental organizations that are not
primarily involved in the provision of direct health or mental health
services. However, those persons may, without obtaining a license
under this act, consult or disseminate their research findings and
scientific information to other such accredited or approved academic
institutions or governmental agencies. They may also offer lectures
to the public without being licensed under this chapter.
(d)
(c) Persons who meet the educational requirements of
subdivision (b) of Section 2914 and who have one year or more of the
supervised professional experience referenced in subdivision (c) of
Section 2914, if they are employed by nonprofit community agencies
that receive a minimum of 25 percent of their financial support from
any federal, state, county, or municipal governmental organizations
for the purpose of training and providing services. Those persons
shall be registered by the agency with the board at the time of
employment and shall be identified in the setting as a "registered
psychologist." Those persons shall be exempt from this chapter for a
maximum period of 30 months from the date of registration.
SEC. 3. Section 2910 of the Business and Professions Code is
amended to read:
2910. This chapter shall not be construed to restrict or prevent
activities of a psychological nature on the part of persons who are
salaried employees of accredited or approved academic institutions,
public schools, or governmental agencies, 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 provide direct health or mental health
services.
SEC. 4. Section 2913 of the Business and Professions Code is
amended to read:
2913. A person other than a licensed psychologist may be employed
by a licensed psychologist, by a licensed physician and surgeon who
is board certified in psychiatry by the American Board of Psychiatry
and Neurology, by a clinic that provides mental health services under
contract pursuant to Section 5614 of the Welfare and Institutions
Code, by a psychological corporation, by a licensed psychology clinic
as defined in Section 1204.1 of the Health and Safety Code, or by a
medical corporation to perform limited psychological functions
provided that all of the following apply:
(a) The person is termed a "psychological assistant."
(b) The person (1) has completed a master's degree in psychology
or education with the field of specialization in psychology or
counseling psychology, or (2) has been admitted to candidacy for a
doctoral degree in psychology or education with the field of
specialization in psychology or counseling psychology, after having
satisfactorily completed three or more years of postgraduate
education in psychology and having passed preliminary doctoral
examinations, or (3) has completed a doctoral degree that qualifies
for licensure under Section 2914, in an accredited or approved
university, college, or professional school located in the United
States or Canada.
(c) The person is at all times under the immediate supervision, as
defined in regulations adopted by the board, of a licensed
psychologist, or board certified psychiatrist, who shall be
responsible for insuring that the extent, kind, and quality of the
psychological services he or she performs are consistent with his or
her training and experience and be responsible for his or her
compliance with this chapter and regulations duly adopted hereunder,
including those provisions set forth in Section 2960.
(d) The licensed psychologist, board certified psychiatrist,
contract clinic, psychological corporation, or medical corporation,
has registered the psychological assistant with the board. The
registration shall be renewed annually in accordance with regulations
adopted by the board.
No licensed psychologist may register, employ, or supervise more
than three psychological assistants at any given time unless
specifically authorized to do so by the board. No board certified
psychiatrist may register, employ, or supervise more than one
psychological assistant at any given time. No contract clinic,
psychological corporation, or medical corporation may employ more
than 10 assistants at any one time. No contract clinic may register,
employ, or provide supervision for more than one psychological
assistant for each designated full-time staff psychiatrist who is
qualified and supervises the psychological assistants. No
psychological assistant may provide psychological services to the
public except as an employee of a licensed psychologist, licensed
physician, contract clinic, psychological corporation, or medical
corporation.
(e) The psychological assistant shall comply with regulations that
the board may, from time to time, duly adopt relating to the
fulfillment of requirements in continuing education.
(f) No person shall practice as a psychological assistant who is
found by the board to be in violation of Section 2960 and the rules
and regulations duly adopted thereunder.
SEC. 5. Section 2914 of the Business and Professions Code is
amended to read:
2914. Each applicant for licensure shall comply with all of the
following requirements:
(a) Is not subject to denial of licensure under Division 1.5
(commencing with Section 475).
(b) Possess an earned doctorate degree (1) in psychology, (2) in
educational psychology, or (3) in education with the field of
specialization in counseling psychology or educational psychology.
Except as provided in subdivision (g), this degree or training shall
be obtained from an accredited university, college, or professional
school. The board shall make the final determination as to whether a
degree meets the requirements of this section.
No educational institution shall be denied recognition as an
accredited academic institution solely because its program is not
accredited by any professional organization of psychologists, and
nothing in this chapter or in the administration of this chapter
shall require the registration with the board by educational
institutions of their departments of psychology or their doctoral
programs in psychology.
An applicant for licensure trained in an educational institution
outside the United States or Canada shall demonstrate to the
satisfaction of the board that he or she possesses a doctorate degree
in psychology that is equivalent to a degree earned from a
regionally accredited university in the United States or Canada.
These applicants shall provide the board with a comprehensive
evaluation of the degree performed by a foreign credential evaluation
service that is a member of the National Association of Credential
Evaluation Services (NACES), and any other documentation the board
deems necessary.
(c) Have engaged for at least two years in supervised professional
experience under the direction of a licensed psychologist, the
specific requirements of which shall be defined by the board in its
regulations, or under suitable alternative supervision as determined
by the board in regulations duly adopted under this chapter, at least
one year of which shall be after being awarded the doctorate in
psychology. The supervisor shall submit verification of the
experience required by this subdivision to the board as
trainee in a manner prescribed by the board. If
the supervisor fails to submit verification of experience to
the board, the applicant may submit verification directly to the
board as determined by the board. supervising licensed
psychologist fails to provide verification to the trainee in a timely
manner, the board may establish alternative procedures for obtaining
the necessary documentation. Absent good cause, the failure of a
supervising licensed psychologist to provide the verification to the
board upon request shall constitute unprofessional conduct.
The authority provided by this subdivision for an applicant to
file written verification directly shall apply only to an applicant
who has acquired the experience required by this subdivision in the
United States or Canada.
The board shall establish qualifications by regulation for
supervising psychologists and shall review and approve
applicants on a case-by-case basis. psychologists.
(d) Take and pass the examination required by Section 2941 unless
otherwise exempted by the board under this chapter.
(e) Show by evidence satisfactory to the board that he or she has
completed training in the detection and treatment of alcohol and
other chemical substance dependency. This requirement applies only to
applicants who matriculate on or after September 1, 1985.
(f) (1) Show by evidence satisfactory to the board that he or she
has completed coursework in spousal or partner abuse assessment,
detection, and intervention. This requirement applies to applicants
who began graduate training during the period commencing on January
1, 1995, and ending on December 31, 2003.
(2) An applicant who began graduate training on or after January
1, 2004, shall show by evidence satisfactory to the board that he or
she has completed a minimum of 15 contact hours of coursework in
spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. An applicant may request an
exemption from this requirement if he or she intends to practice in
an area that does not include the direct provision of mental health
services.
(3) Coursework required under this subdivision may be satisfactory
if taken either in fulfillment of other educational requirements for
licensure or in a separate course. This requirement for coursework
shall be satisfied by, and the board shall accept in satisfaction of
the requirement, a certification from the chief academic officer of
the educational institution from which the applicant graduated that
the required coursework is included within the institution's required
curriculum for graduation.
(g) An applicant holding a doctoral degree in psychology from an
approved institution is deemed to meet the requirements of this
section if all of the following are true:
(1) The approved institution offered a doctoral degree in
psychology designed to prepare students for a license to practice
psychology and was approved by the Bureau for Private Postsecondary
and Vocational Education on or before July 1, 1999.
(2) The approved institution has not, since July 1, 1999, had a
new location, as described in Section 94721 of the Education Code.
(3) The approved institution is not a franchise institution, as
defined in Section 94729.3 of the Education Code.
SEC. 6. Section 1010 of the Evidence
Code is amended to read:
1010. As used in this article, "psychotherapist" means a person
who is, or is reasonably believed by the patient to be:
(a) A person authorized to practice medicine in any state or
nation who devotes, or is reasonably believed by the patient to
devote, a substantial portion of his or her time to the practice of
psychiatry.
(b) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(c) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, when he or she is engaged in applied
psychotherapy of a nonmedical nature.
(d) A person who is serving as a school psychologist and holds a
credential authorizing that service issued by the state.
(e) A person licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(f) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code, or a person registered as a marriage and family
therapist intern who is under the supervision of a licensed marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician and surgeon certified in
psychiatry, as specified in Section 4980.44 of the Business and
Professions Code.
(g) A person registered as an associate clinical social worker who
is under supervision as specified in Section 4996.23 of the Business
and Professions Code.
(h) A person exempt from the Psychology Licensing Law pursuant to
subdivision (d) (c) of Section 2909 of
the Business and Professions Code who is under the supervision of a
licensed psychologist or board certified psychiatrist.
(i) A psychological intern as defined in Section 2911 of the
Business and Professions Code who is under the supervision of a
licensed psychologist or board certified psychiatrist.
(j) A trainee, as defined in subdivision (c) of Section 4980.03 of
the Business and Professions Code, who is fulfilling his or her
supervised practicum required by subparagraph (B) of paragraph (1) of
subdivision (d) of Section 4980.36 of, or subdivision (c) of Section
4980.37 of, the Business and Professions Code and is supervised by a
licensed psychologist, a board certified psychiatrist, a licensed
clinical social worker, a licensed marriage and family therapist, or
a licensed professional clinical counselor.
(k) A person licensed as a registered nurse pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, who possesses a master's degree in
psychiatric-mental health nursing and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing.
( l ) An advanced practice registered nurse who is
certified as a clinical nurse specialist pursuant to Article 9
(commencing with Section 2838) of Chapter 6 of Division 2 of the
Business and Professions Code and who participates in expert clinical
practice in the specialty of psychiatric-mental health nursing.
(m) A person rendering mental health treatment or counseling
services as authorized pursuant to Section 6924 of the Family Code.
(n) A person licensed as a professional clinical counselor under
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
(o) A person registered as a clinical counselor intern who is
under the supervision of a licensed professional clinical counselor,
a licensed marriage and family therapist, a licensed clinical social
worker, a licensed psychologist, or a licensed physician and surgeon
certified in psychiatry, as specified in Sections 4999.42 to 4999.46,
inclusive, of the Business and Professions Code.
(p) A clinical counselor trainee, as defined in subdivision (g) of
Section 4999.12 of the Business and Professions Code, who is
fulfilling his or her supervised practicum required by paragraph (3)
of subdivision (c) of Section 4999.32 of, or paragraph (3) of
subdivision (c) of Section 4999.33 of, the Business and Professions
Code, and is supervised by a licensed psychologist, a board-certified
psychiatrist, a licensed clinical social worker, a licensed marriage
and family therapist, or a licensed professional clinical counselor.
SEC. 6. SEC. 7. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.