Amended in Senate July 14, 2015

Amended in Senate June 11, 2015

Amended in Senate June 1, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1374

Introduced by Assembly Member Levine

February 27, 2015

An act to amend Sections 2903, begin delete 2909, 2910, end delete 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, but authorizes unlicensed persons, including begin delete credentialed psychometrists, end delete begin insert psychological assistants end insert who meet certain requirements and do not provide psychological services to the public for a fee, to perform limited psychological begin delete functions or activities of a psychological nature, as specified. end delete begin insert functions. 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 licensed 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 licensed psychologists and to review and approve applicants begin insert for the position end insert begin insert of supervising psychologist end insert on a case-by-case basis. The law provides that a violation of any of its provisions is a misdemeanor.

This bill would remove the reference to fees for services from the definition of the practice of psychology, thereby expanding that definition. The bill would further modify that definition to specify that the application of psychological principles and methods includes assessment, diagnosis, prevention, treatment, and intervention to increase effective functioning of individuals, groups, and organizations. The bill would revise the above-described begin delete authorizations for specified unlicensed persons to perform limited psychological functions or activities of a psychological nature end delete begin insert authorization for psychological assistants end insert to prohibit services to the public, except as specified, without reference to a fee. begin delete The bill would eliminate that authorization for credentialed psychometrists. end delete The bill would begin delete instead end delete begin insert revise that experience verification procedure to end insert require a supervising licensed psychologist to submit verification of the experience to the trainee in a manner prescribed by the board, and would authorize the board to establish alternative procedures for obtaining the necessary documentation if the supervising licensed psychologist fails to provide that begin delete verification. end delete begin insert verification in a timely manner. end insert The bill would make begin delete that failure, end delete begin insert the failure to provide verification to the board upon request, end insert absent good cause, unprofessional conduct. The bill would eliminate the requirement that the board review and approve applicants begin insert for the position of supervising psychologist end insert 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.

begin insert

Existing law establishes for a patient of a psychotherapist, whether or not a party to a proceeding, the privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the patient and psychotherapist, as specified, and defines a psychotherapist for these purposes.

end insert begin insert

This bill would include in the definition of psychotherapist a person who registered with the Board of Psychology as a registered psychologist and who is under the supervision of a licensed psychologist or a board certified psychiatrist.

end insert

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.  

begin insert (a) end insert 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.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert application of these principles and methods includes,
but is not restricted to: assessment, diagnosis, prevention, treatment,
and intervention to increase effective functioning of individuals,
groups, and organizations.

begin delete

Psychotherapy

end delete

begin insert (c) end insert begin insert   end insert begin insert Psychotherapy end insert 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, and behaviors begin delete which end delete
begin insert that end insert are emotionally, intellectually, or socially ineffectual or
maladaptive.

begin delete

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, 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 Commission on Teacher Credentialing.

(b) Persons who are employed in positions as psychologists or
psychological assistants, or in a student counseling service, by
accredited or approved colleges, 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.

(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,” or “psychologist.”

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

end delete

begin delete SEC. 4. end delete
begin insert SEC. 2. end insert   

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 begin delete provided that end delete begin insert if end insert 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)  begin insert (1) end insert begin insert   end insert 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.

begin delete

No

end delete

begin insert (2) end insert begin insert   end insert begin insert No end insert 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 begin delete thereunder. end delete begin insert pursuant to that section. end insert

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

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)  begin insert (1) end insert begin insert   end insert Possess an earned doctorate degree begin delete (1) end delete begin insert (A) end insert in
psychology, begin delete (2) end delete begin insert (B) end insert in educational psychology, or begin delete (3) end delete begin insert (C) end insert 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.

begin delete

No

end delete

begin insert (2) end insert begin insert   end insert begin insert No end insert 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.

begin delete

An

end delete

begin insert (3) end insert begin insert   end insert begin insert An end insert 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)  begin insert (1) end insert begin insert   end insert 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
trainee in a manner prescribed by the board. If the 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.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert board shall establish qualifications by regulation for
supervising 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 begin delete all end delete begin insert both end insert 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 begin insert former end insert 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 begin delete 94721 end delete begin insert 94823.5 end insert of the
Education Code.

begin delete

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

end delete

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

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 begin delete exempt from the Psychology Licensing Law
pursuant to subdivision (c) of Section 2909 of the Business and
Professions Code end delete begin insert who registered with the Board of Psychology as
a registered psychologist and end insert 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.

begin delete SEC. 7. end delete
begin insert SEC. 5. end insert   

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.